Central Administrative Tribunal - Jammu
Mohd Shakil vs Directorate Of School Education Ut Of ... on 21 April, 2026
:: 1 ::O.A. No. 308/2020 & 340/2020 & 341/2020 &
339/2020
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 308/2020 & 340/2020 &
341/2020 & 339/2020
Reserved on:- 23.12.2025
Pronounced on: - 21.04.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. OA/308/2020
1. Mohd. Shakil, Age- 43 years, S/O Dil Mohd., R/O Sawani Zone
Doongi, Tehsil and District Rajouri. Pin Code 185151.
...Applicant
(By Advocate: - Ms. Surinder Kour, Sr. Adv. assisted by Ms.
Manpreet Kour)
VERSUS
1. Union Territory of J&K, Through Commissioner/Secretary to
Government, School Education Department, Government of
Union Territory of J&K, Civil Secretariat, Jammu. Pin Code
180001.
2. Director School Education, Jammu. Pin Code 180001.
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 2 ::O.A. No. 308/2020 & 340/2020 & 341/2020 &
339/2020
3. Personnel Officer(Member Secretary, Divisional Level Selection
Committee) Directorate of School Education, Jammu. Pin Code
180001.
4. Chief Education Officer, Rajouri. Pin Code 185131.
5. Zonal Education Officer, Doongi, District Rajouri. Pin Code
185151.
...Respondents.
(By Advocate: - Mr. Sudesh Magotra, ld. A.A.G.)
2. OA/340/2020
1. Balwant Singh, Age- 47 years, S/O Janak Singh, R/O
Bainumbal, Tehsil Koteranka, District Rajouri. Pin Code
185233.
...Applicant
(By Advocate: - Ms. Surinder Kour, Sr. Adv. assisted by Ms.
Manpreet Kour)
VERSUS
1. Union Territory of J&K, Through Commissioner/Secretary to
Government, School Education Department, Government of
Union Territory of J&K, Civil Secretariat, Jammu. Pin
Code180001.
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 3 ::O.A. No. 308/2020 & 340/2020 & 341/2020 &
339/2020
2. Director School Education, Jammu. Pin Code 180001.
3. Personnel Officer (Member Secretary, Divisional Level Selection
Committee) Directorate of School Education, Jammu. Pin Code
180001.
4. Chief Education Officer, Rajouri. Pin Code185131.
5. Zonal Education Officer, Khawas (Budhal), District Rajouri. Pin
Code 185233.
...Respondents.
(By Advocate: - Mr. Sudesh Magotra, ld. A.A.G.)
3. OA/341/2020
1. Mohd. Aslam, Age- 43 years, S/O Wali Mohd., R/O Rachwa,
Tehsil and District Rajouri. Pin Code 185151
...Applicant
(By Advocate: - Ms. Surinder Kour, Sr. Adv. assisted by Ms.
Manpreet Kour)
VERSUS
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 4 ::O.A. No. 308/2020 & 340/2020 & 341/2020 &
339/2020
1. Union Territory of J&K, Through Commissioner/Secretary to
Government, School Education Department, Government of
Union Territory of J&K, Civil Secretariat, Jammu. Pin Code
180001.
2. Director School Education, Jammu. Pin Code 180001.
3. Personnel Officer(Member Secretary, Divisional Level Selection
Committee) Directorate of School Education, Jammu. Pin Code
180001.
4. Chief Education Officer, Rajouri. Pin Code 185131.
5. Zonal Education Officer, Doongi, District Rajouri. Pin Code
185151.
...Respondents.
(By Advocate: - Mr. Sudesh Magotra, ld. A.A.G.)
4. OA/339/2020
1. Sheeshan Kumar, Age- 51 years, S/O Chuni Lal, R/O Palam,
District Rajouri. Pin Code 185151
...Applicant
(By Advocate: - Ms. Surinder Kour, Sr. Adv. assisted by Ms.
Manpreet Kour)
VERSUS
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 5 ::O.A. No. 308/2020 & 340/2020 & 341/2020 &
339/2020
1. Union Territory of J&K, Through Commissioner/Secretary to
Government, School Education Department, Government of Union
Territory of J&K, Civil Secretariat, Jammu. Pin Code 180001.
2. Director School Education, Jammu. Pin Code 180001.
3. Personnel Officer(Member Secretary, Divisional Level Selection
Committee) Directorate of School Education, Jammu. Pin Code
180001.
4. Chief Education Officer, Rajouri. Pin Code 185131.
5. Zonal Education Officer, Doongi, District Rajouri. Pin Code
185151.
...Respondents.
(By Advocate: - Mr. Sudesh Magotra, ld. A.A.G.)
HARSHIT Digitally signed by
YADAV HARSHIT YADAV
:: 6 ::O.A. No. 308/2020 & 340/2020 & 341/2020 &
339/2020
ORDER
Per: - Ram Mohan Johri, Administrative Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
1. OA/308/2020
a) "To issue directions to the respondents to place/appoint the petitioner in the cadre of Teacher Grade II created in pursuance of Government Order No. 20-Edu of 2019 dated 22-01-2019 Issued on the basis of State Administrative Council Decision No. 166/22/2018 dated 07-12-2018 in the pay scale of 5200-20200 Grade Pay 2800 (pre-revised up to 31-08-2018) and revised under Seventh Pay Commission to Rs. 29,200-92,300 (level-5j w.e.f. 01-09-2018 in School Education Department and to give the effect of placement/appointment w.e.f. the date the petitioner has been regularized as General Line Teacher/Regularized HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 7 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 Rehbar-e-Taleem Teacher (RRET), by issuance of writ of Mandamus;
b) To issue directions to the respondents to release the salary in favour of petitioner w.e.f. July 2019 in the pay level-5 (Rs. 29,200-92,300) and to release the arrears w.e.f. 01-09- 2018 and to pay interest for wrongfully withholding the salary of the petitioner, by issuance of writ of Mandamus;
c) To issue directions to the respondents to implement the provisions of Government Order No. 20-Edu of 2019 dated 22-01-2019 by which the cadre of Teacher Grade II in the pay level-5 (Rs. 29,200-92,300) w.e.f. 01-09-2018 in School Education Department is created and to give similar treatment to the petitioner as is given to the similarly situated persons who were regularized as General Line Teacher/Regularized Rehbar-e-Taleem Teachers alongwith the petitioner and who are regularized after the petitioner and similarly situated Abdhul Rehman Regularized Rehbar-
HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 8 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 e-Taleem Teacher (RRET) who was appointed/placed to the post/cadre of Teacher Grade II vide government order no. 02 of 2019 dated 03-06-2019 and to give the effect of Teacher Grade II to the petitioner w.e.f. the date the other similarly situated persons and junior to the petitioner have been placed in the cadre of Teacher Grade II Vide Order No. DSEJ/RET/10192-95 dated 05-05-2020, by issuance of writ of Mandamus;
2. OA/340/2020 a. To issue directions to the respondents to place/appoint the petitioner in the cadre of Teacher Grade II created in pursuance of Government Order No. 20-Edu of 2019 dated 22-01-2019 issued on the basis of State Administrative Council Decision No. 166/22/2018 dated 07-12-2018 in the pay scale of 5200-20200 Grade Pay 2800 (pre-revised up to 31-08-2018) and revised under Seventh Pay Commission to Rs. 29,200-92,300 (level-5) w.e.f. 01-09-2018 in School HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 9 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 Education Department and to give the effect of placement/appointment w.e.f. the date the petitioner has been regularized General Line Teacher/Regularized Rehbar-e-Taleem Teacher (RReT), by issuance of writ of Mandamus;
b. To issue directions to the respondents to release the salary in favour of petitioner w.e.f. July 2019 in the pay level-5 (Rs. 29,200-92,300) and to release the arrears w.e.f. 01-09- 2018 and to pay interest for wrongfully withholding the salary of the petitioner, by issuance of writ of Mandamus; c. To issue directions to the respondents to implement the provisions of Government Order No. 20-Edu of 2019 dated 22-01-2019 by which the cadre of Teacher Grade II in the pay level-5 (Rs. 29,200-92,300) w.e.f. 01-09-2018 in School Education Department is created and to give similar treatment to the petitioner as is given to the similarly situated persons who were regularized as General Line HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 10 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 Teacher/Regularized Rehbar-e-Taleem Teachers alongwith the petitioner and who are regularized after the petitioner and similarly situated Abdul Rehman Regularized Rehbar-e- Taleem Teacher (RReT) who was appointed/placed to the post/cadre of Teacher Grade II vide government order no. 02 of 2019 dated 03-06-2019 and to give the effect of Teacher Grade Il to the petitioner w.e.f. the date the other similarly situated persons and junior to the petitioner have been placed in the cadre of Teacher Grade II Vide Order No. DSEJ/RET/10192-95 dated 05-05-2020, by issuance of writ of Mandamus;
3. OA/341/2020 a. To issue directions to the respondents to place/appoint the petitioner in the cadre of Teacher Grade II created in pursuance of Government Order No. 20-Edu of 2019 dated 22-01-2019 issued on the basis of State Administrative Council Decision No. 166/22/2018 dated 07-12-2018 in the HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 11 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 pay scale of 5200-20200 Grade Pay 2800 (pre-revised up to 31-08-2018) and revised under Seventh Pay Commission to Rs. 29,200-92,300 (level-5) w.e.f. 01-09-2018 in School Education Department and to give the effect of placement/appointment w.e.f. the date the petitioner has been regularized as General Line Teacher/Regularized Rehbar-e-Taleem Teacher (RReT), by issuance of writ of Mandamus;
b. To issue directions to the respondents to release the salary in favour of petitioner w.e.f. July 2019 in the pay level-5 (Rs. 29,200-92,300) and to release the arrears w.e.f. 01-09- 2018 and to pay interest for wrongfully withholding the salary of the petitioner, by issuance of writ of Mandamus; c. To issue directions to the respondents to implement the provisions of Government Order No. 20-Edu of 2019 dated 22-01-2019 by which the cadre of Teacher Grade II in the pay level-5 (Rs. 29,200-92,300) w.e.f. 01-09-2018 in School HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 12 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 Education Department is created and to give similar treatment to the petitioner as is given to the similarly situated persons who were regularized as General Lane Teacher/Regularized Rehbar-e-Taleem Teachers alongwith the petitioner and who are regularized after the petitioner and similarly situated Abdul Rehman Regularized Rehbar-e- Taleem Teacher (RReT) who was appointed/placed to the post/cadre of Teacher Grade Il vide government order no. 02 of 2019 dated 03-06-2019 and to give the effect of Teacher Grade II to the petitioner w.e.f. the date the other similarly situated persons and junior to the petitioner have been placed in the cadre of Teacher Grade II Vide Order No. DSEJ/RET/10192-95 dated 05-05-2020, by issuance of writ of Mandamus;
4. OA/339/2020 a. To issue directions to the respondents to place/appoint the petitioner in the cadre of Teacher Grade II created in HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 13 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 pursuance of Government Order No. 20-Edu of 2019 dated 22-01-2019 issued on the basis of State Administrative Council Decision No. 166/22/2018 dated 07-12-2018 in the pay scale of 5200-20200 Grade Pay 2800 (pre-revised up to 31-08-2018) and revised under Seventh Pay Commission to Rs. 29,200-92,300 (level-5) w.e.f. 01-09-2018 in School Education Department and to give the effect of placement/appointment w.e.f. the date the petitioner has been regularized as General Line Teacher/Regularized Rehbar-e-Taleem Teacher (RReT), by issuance of writ of Mandamus;
b. To issue directions to the respondents to release the salary in favour of petitioner w.e.f. July 2019 in the pay level-5 (Rs. 29,200-92,300) and to release the arrears w.e.f. 01-09- 2018 and to pay interest for wrongfully withholding the salary of the petitioner, by issuance of writ of Mandamus;
HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 14 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 c. To issue directions to the respondents to implement the provisions of Government Order No. 20-Edu of 2019 dated 22-01-2019 by which the cadre of Teacher Grade II in the pay level-5 (Rs. 29,200-92,300) w.e.f. 01-09-2018 in School Education Department is created and to give similar treatment to the petitioner as is given to the similarly situated persons who were regularized as General Line Teacher/Regularized Rehbar-e-Taleem Teachers alongwith the petitioner and who are regularized after the petitioner and similarly situated Abdul Rehman Regularized Rehbar-e- Taleem Teacher (RRET) who was appointed/placed to the post/cadre of Teacher Grade II vide government order no. 02 of 2019 dated 03-06-2019 and to give the effect of Teacher Grade Il to the petitioner w.e.f. the date the other similarly situated persons and junior to the petitioner have been placed in the cadre of Teacher Grade II Vide Order No. DSEJ/RET/10192-95 dated 05-05-2020, by issuance of writ of Mandamus;
HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 15 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020
2. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The present batch of four Original Applications, namely O.A. No. 308/2020, O.A. No. 340/2020, O.A. No. 341/2020 and O.A. No. 339/2020, involves a common grievance raised by the applicants against the School Education Department of the Union Territory of J&K. All the applicants are serving in District Rajouri and claim that, being Regularized Rehbar-e-
Taleem Teachers having graduate qualification, they were entitled to be considered for placement in the cadre of Teacher Grade-II created in the School Education Department with effect from 01.09.2018, but their cases were not finalized, even though similarly situated persons were granted such benefit.
b) The pleaded case of the applicants is that the Rehbar-e-Taleem Scheme had originally been launched under Government Order No. 396-Edu of 2000 dated 28.04.2000 for meeting deficiency of teaching staff in schools. Mohd. Shakil and Mohd. Aslam state that they were initially engaged as Education Volunteers HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 16 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 on 01.10.2004 and 01.12.2004 respectively, and thereafter, upon issuance of Government Order No. 322-Edu of 2008 dated 26.06.2008, they were converted as Rehbar-e-Taleem teachers with effect from 26.06.2008. Balwant Singh and Sheeshan Kumar, on the other hand, were directly engaged as Rehbar-e-Taleem teachers in October 2004, Balwant Singh in Middle School Binambal and Sheeshan Kumar in Middle School Palam. After completion of the prescribed period of service, all the applicants came to be regularized as General Line Teachers/Regularized Rehbar-e-Taleem Teachers, namely Balwant Singh with effect from 29.10.2009, Sheeshan Kumar with effect from 05.11.2009, and Mohd. Shakil and Mohd. Aslam with effect from 26.06.2013.
c) The applicants further plead that each of them possessed graduation qualification, which, according to them, had already been accepted by the department at the time of their regularization. Mohd. Shakil and Mohd. Aslam rely upon 10+2 certificates from Bhartiya Shiksha Parishad, Uttar Pradesh, and HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 17 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 graduation from Eastern Institute for Integrated Learning in Management University, Sikkim, besides asserting that they were also deputed by the department for B.Ed. through IGNOU. Balwant Singh claims 10+2 as well as graduation from Bhartiya Shiksha Parishad, Uttar Pradesh. Sheeshan Kumar pleads that he had matriculation and 10+2 through the J&K Board of School Education and graduation from Bhartiya Shiksha Parishad, Uttar Pradesh. Their case is that these qualifications were repeatedly verified by the concerned institutions and the departmental authorities in the years 2019 and 2020, and, therefore, no impediment survived in considering them for Teacher Grade-II.
d) It is next averred that the State Administrative Council, vide Decision No. 166/22/2018 dated 07.12.2018, took a policy decision for creation of the cadre of Teacher Grade-II in the pay level-5 of Rs. 29,200-92,300 with effect from 01.09.2018 for Regularized Rehbar-e-Taleem Teachers possessing graduation from a recognized university. This was followed by HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 18 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 Government Order No. 20-Edu of 2019 dated 22.01.2019, whereby the cadre of Teacher Grade-II was created, and Government Order No. 23-Edu of 2019 of the same date, whereby District Level Screening Committees and Divisional Level Selection Committees were constituted for screening and selection of eligible RReTs. Later, by SRO 529 of 2019 dated 11.09.2019, the Recruitment Rules were also amended to incorporate Teacher Grade-II as a distinct cadre to be filled 100% by selection from among eligible graduate RReTs. The applicants emphasize that, in parallel, Teacher Grade-III was created for non-graduate/10+2 RReTs, thereby clearly recognizing a separate channel for graduate RReTs like them.
e) According to the applicants, despite fulfillment of the prescribed qualification and despite verification of their certificates, their cases were kept pending without any formal order of rejection. They specifically plead that one Abdul Rehman was provisionally appointed as Teacher Grade-II vide order dated 03.06.2019 and that, later, the Personnel Officer, HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 19 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 being Member Secretary of the Divisional Level Selection Committee, issued Order No. DSEJ/RET/10192-95 dated 05.05.2020 directing issuance of appointment orders in favour of 37 RReTs as Teacher Grade-II. They also refer to appointment of one Mohd. Tariq as Teacher Grade-III vide order dated 30.05.2020. The grievance projected in all the OAs is that persons similarly situated, and even juniors according to the applicants, were granted placement in the newly created cadres, whereas the applicants were neither granted Teacher Grade-II nor informed of any valid reason for their exclusion. On these assertions, they claim discrimination and seek placement in Teacher Grade-II with consequential benefits from the date they became entitled.
f) So far as the individual particulars are concerned, Mohd. Shakil was working in Government Primary School Pathi Swani, Zone Doongi; Mohd. Aslam was posted in Government Primary School Mal Rachwa, Zone Doongi; Balwant Singh was serving in Government Middle School Binambal, Zone Khawas HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 20 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 (Budhal); and Sheeshan Kumar was serving in Government Middle School Palam. Their pleaded foundation throughout is that they were already regularized as graduate RReTs, their qualifications had been verified, the policy framework for transition to Teacher Grade-II had come into force, yet their cases alone were withheld while benefit was extended to others.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents filed their objections resisting all the four Original Applications on both preliminary and factual grounds.
At the threshold, they pleaded that the applicants had raised disputed questions of fact which, according to them, could not be adjudicated in the present proceedings. It was further averred that no cause of action had accrued in favour of the applicants; that they had no enforceable right to claim automatic transition to the post of Teacher Grade-II; and that the Original Applications were liable to be dismissed for want of locus HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 21 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 standi. The respondents also alleged that the applicants had not approached the Tribunal with clean hands and had, according to them, suppressed material facts and made misleading assertions.
b) On merits, the stand of the respondents was that all the applicants were serving as Regularized Rehbar-e-Taleem Teachers in different schools of District Rajouri and that the Government had indeed created the cadres of Teacher Grade-II and Teacher Grade-III in terms of Government Order No. 20- Edu of 2019 dated 22.01.2019 and the connected policy decisions. They pleaded that, for the purpose of transition to the newly created cadre, a screening process had been prescribed and both District Level and Divisional Level Committees had been constituted to verify the genuineness and recognition of the academic qualifications possessed by the concerned RReTs. According to the respondents, the cases of the applicants were forwarded by the competent field officers to the screening authorities, but final consideration depended upon verification HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 22 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 of the validity and recognition of the institutions from which the applicants had obtained their qualifications.
c) In so far as O.A. No. 308/2020 and O.A. No. 341/2020 are concerned, the respondents pleaded that Mohd. Shakil and Mohd. Aslam had obtained 10+2 from Bhartiya Shiksha Parishad, Uttar Pradesh, and graduation from Eastern Institute for Integrated Learning in Management University, Sikkim. Their specific case was that mere production of verification letters from those institutions did not confer any right upon the applicants, because the issue regarding authenticity of those institutions and the qualifications obtained therefrom was stated to be under doubt and pending adjudication. It was thus pleaded that the Divisional Level Screening Committee did not finalize their cases for Teacher Grade-II on account of the subsisting doubt regarding the genuineness/recognition of their certificates.
d) In respect of O.A. No. 340/2020, the respondents admitted that Balwant Singh had been engaged as Rehbar-e-Taleem in 2004 HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 23 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 and regularized as RReT after completion of the requisite period of service. They further admitted that the authorities had sought verification of his 10+2 and B.A. certificates from Bhartiya Shiksha Parishad, Uttar Pradesh, on more than one occasion and had received communications declaring the documents to be correct. Nevertheless, the respondents asserted that the applicant's case was not finalized for Teacher Grade-II because, according to them, the issue concerning Bhartiya Shiksha Parishad, Uttar Pradesh, was pending adjudication before the District Judge, Lucknow. The respondents therefore maintained that, despite verification of the certificates, the applicant could not claim transition to Teacher Grade-II as a matter of right till the issue of recognition/authenticity attained clarity.
e) The respondents also took the stand that the reliance placed by the applicants upon the case of Abdul Rehman and other selected candidates was misconceived. According to them, Abdul Rehman had passed 10+2 from JKBOSE and graduation HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 24 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 from MANUU, both of which, according to the respondents, were recognized institutions, and therefore his case stood on a different footing. It was pleaded that the applicants could not claim parity with such candidates when the genuineness or recognition of their own educational qualifications was, according to the respondents, still doubtful or under scrutiny. For that reason, the non-consideration of the applicants for Teacher Grade-II was sought to be justified as a lawful consequence of the verification process rather than as an act of discrimination.
f) In substance, therefore, the defence of the respondents was that there was no arbitrary denial of benefit to the applicants. Their consistent case was that the process for transition from RReT to Teacher Grade-II was not automatic, that eligibility was subject to screening and verification by the competent committees, and that since the recognition/authenticity of the qualifications relied upon by the applicants was under cloud, their cases were HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 25 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 not finalized. On these pleadings, the respondents prayed for dismissal of all the Original Applications.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. These four Original Applications, namely O.A. No. 308/2020, O.A. No. 340/2020, O.A. No. 341/2020 and O.A. No. 339/2020, are founded on a common claim for placement of the applicants in the cadre of Teacher Grade-II created in the School Education Department under Government Order No. 20-Edu of 2019 dated 22.01.2019. Since the pleadings, the policy framework and the controversy involved are substantially common, all the four matters are being disposed of by this common judgment.
6. The case set up by the applicants is that each of them was engaged under the Rehbar-e-Taleem Scheme, later regularized as General Line Teacher/Regularized Rehbar-e-Taleem Teacher, and, being graduate candidates, became entitled to transition to the cadre of Teacher Grade-II with effect from 01.09.2018 pursuant to the policy decision HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 26 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 taken by the Government. Their grievance is that while similarly situated persons were granted such benefit, their cases were withheld without justification. Mohd. Shakil and Mohd. Aslam rely upon graduation from Eastern Institute for Integrated Learning in Management University, Sikkim, whereas Balwant Singh and Sheeshan Kumar rely upon graduation from Bhartiya Shiksha Parishad, Uttar Pradesh.
7. The respondents, on the other hand, have resisted the claim by pleading that transition to Teacher Grade-II was not automatic and that only such Regularized Rehbar-e-Taleem Teachers as possessed graduation from a recognized university could be selected after screening by the competent committees constituted under Government Order No. 23-Edu of 2019 dated 22.01.2019. Their consistent stand is that the qualifications relied upon by the applicants were under doubt and, therefore, their cases were not finalized. The respondents specifically distinguished those candidates who had qualifications from institutions whose recognition was not under dispute.
HARSHIT Digitally signed by YADAV HARSHIT YADAV
:: 27 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020
8. The central issue which falls for determination is whether the applicants have established that they possessed the minimum qualification of graduation from a recognized university, which is the very foundation for transition to Teacher Grade-II under Government Order No. 20-Edu of 2019 dated 22.01.2019 and the amended Recruitment Rules. This requirement goes to the root of the matter. Mere regularization as an RReT, length of service, or pendency of verification cannot by itself confer a right to be placed in Teacher Grade-II if the basic eligibility condition is not shown to be satisfied.
9. In so far as applicant Balwant Singh in O.A. No. 340/2020 and applicant Sheeshan Kumar in O.A. No. 339/2020 are concerned, their graduation qualification is stated to be from Bhartiya Shiksha Parishad, Uttar Pradesh. The respondents have categorically disputed the status of that institution for the purpose of treating the applicants as graduates from a recognized university. Though the applicants rely upon letters issued by the institution itself, such internal verification letters do not, by themselves, establish statutory recognition in service law. The Tribunal cannot issue a positive direction for conferment of HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 28 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 Teacher Grade-II status when the very degree relied upon for eligibility is under serious cloud.
10. Coming to O.A. No. 308/2020 and O.A. No. 341/2020, the applicants therein rely for their graduate status on degrees from Eastern Institute for Integrated Learning in Management University, Sikkim. Even if the applicants produced letters of verification from that institution, the matter cannot rest there. On perusal of Official UGC material available before us, it is evident that EIILM University, Sikkim was reported as having been closed down in April 2015 and that its name was removed from the UGC list of universities. The current UGC website separately reflects Sikkim Alpine University (Formerly EIILM University) with establishment/gazette date of 28.08.2021, which cannot be read as automatic validation of the old EIILM qualifications relied upon by these applicants. Official UGC material further records that UGC had not granted approval to EIILM University to open off-campus/study centres. These materials substantially support the respondents' objection that the applicants HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 29 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 had failed to establish graduation from a recognized university in the manner required by the governing order.
11. This Tribunal is conscious that the applicants pleaded that the department had earlier regularized them and, in some cases, even deputed them for B.Ed. training. However, those circumstances cannot override the statutory requirement embedded in the Government Order creating Teacher Grade-II. A mistaken or incomplete departmental assumption at an earlier stage does not create a vested right to further service benefits when the governing rule specifically requires graduation from a recognized university. In matters of public employment, eligibility must be judged with reference to the rule and not merely on the basis of past administrative indulgence.
12. The parity argument raised by the applicants also does not advance their case. Equality under Articles 14 and 16 is available only among persons who are similarly situated in law. If some other candidates possessed qualifications from institutions whose recognition was not HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 30 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 in dispute, the applicants cannot claim the same benefit by invoking parity while their own basic eligibility remains doubtful. A claim founded on an unproven or doubtful qualification cannot be enforced through comparison with those whose qualifications stand on a different footing.
13. Viewed thus, the respondents were justified in not granting Teacher Grade-II benefit to the applicants. At the very least, the applicants have failed to establish a clear and enforceable legal right to the relief sought. In a matter involving transition to a higher cadre carrying higher pay level, this Tribunal cannot provide relief on doubtful educational foundation. The burden to show fulfillment of the prescribed qualification was on the applicants, and that burden has not been satisfactorily discharged in any of the four OAs.
14. Accordingly, O.A. No. 308/2020, O.A. No. 340/2020, O.A. No. 341/2020 and O.A. No. 339/2020 are dismissed.
15. However, it is clarified that if any of the applicants, at a later stage, secures from a competent statutory authority or a competent court a HARSHIT Digitally signed by YADAV HARSHIT YADAV :: 31 ::O.A. No. 308/2020 & 340/2020 & 341/2020 & 339/2020 clear declaration establishing that the qualification relied upon by him satisfies the requirement of graduation from a recognized university for the purpose of public employment, it shall be open to such applicant to pursue such remedy as may then be available in accordance with law.
16. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
HARSHIT Digitally signed by
YADAV HARSHIT YADAV