RAJASTHAN
KE EK HIGH COURT NIRNAY MEIN B ED DHAREEYON KO 1 JAN 2012 KE BAAD BHEE
PRIMARY SHIKSHAK BANNE KEE PERMISSION MILEE THEE
ADVT PRIMARY TEACHER KE LIYE 1 JAN 2012 KE BAAD NIKLA THAA, AUR KUCH LOG COURT GAYE,
HIGH COURT NE 1 JAN 2012 KE BAAD KE ADVT KO GALAT NAHIN MANA AUR PERMISSION GRANT KEE THEE
KYA HAI NIRNAY :
High
Court Rajasthan also passed order to give chance to B.Ed Candidates
with TET 1 to apply for Primary teachers post which were in pursuance of
advertisements issued by the Zila Parishads of all the districts on
24.02.2012 for appointment on the post of Teacher Grade III Level - I.Court Comments :-
It
emerges from the facts that the expert body which the NCTE expressly
inserted para 3 in the notification dated 23.08.2010 and held that
graduate with B.Ed. and TET can be treated equivalent and one-time
opportunity should be given to them to participate in the selection
process for appointment as Teacher Grade-III Level - I to teach students
of classes I to V. Therefore, from any angle, it cannot be said that
the petitioners were not treated eligible by the NCTE for appointment
against the vacancies of Level - I. More so, the NCTE after due
deliberation incorporated para 3 in the notification dated 23.08.2010
that those candidates possessing qualification of graduation with B.Ed.
will be eligible for appointment on the post of Teacher Grade-III Level -
I and, at the time of issuance of notification dated 23.08.2010, it was
felt necessary to provide one opportunity to those candidates.
Therefore, obviously with a view to granting opportunity the date
01.01.2012 was inserted and it was expected from the State Government to
make recruitment while providing opportunity to them; but, it was not
provided by the State of Rajasthan even though with open eyes the NCTE
held the above qualification holders eligible for appointment. It is
also worthwhile to observe that no restriction was imposed by the NCTE,
therefore, obviously the power left with the State Government under Rule
296 of the Rules of 1996 to relax any of the provisions of the rules
was to be exercised; but, it was not exercised though the same power was
exercised in relation to relaxation in upper age-limit. Therefore, the
action of the State Government in refusing all those candidates
possessing graduation with B.Ed. to compete for appointment on the post
of Teacher Grade-III Level - I to teach students of classes I to V is
totally unfounded and contrary to the principle of legitimate
expectation. The duty of the welfare State is not to curtail the
envisaged opportunity for the candidates but to enlarge the scope and
opportunity in view of Articles 14, 16 and 21 of the Constitution of
India.
I have examined para 3 of the notification dated 23.08.2010
from all angles. It emerges from the language used by the NCTE that the
date of 01.01.2012 is inserted to grant one opportunity to the
candidates who are pursuing B.Ed. and not to put restriction upon the
State Government because the NCTE is having jurisdiction to lay down the
qualification under the Act of 2009 but cannot put restriction upon the
State Government to declare any candidate ineligible for appointment.
In these circumstances, the denial of opportunity to the petitioners
holding the qualification of graduation with B.Ed. and who acquired TET
qualification after issuance of notification dated 23.08.2010 and prior
to 01.01.2012 is against the constitutional rights guaranteed to the
petitioners under Articles 14, 16 and 21 of the Constitution of India.
Therefore, the above writ petitions as well as writ petitions enumerated
in the Schedule appended to this judgment are hereby allowed.
Respondent State is directed to grant one opportunity to all those
candidates who acquired qualification of graduation with B.Ed. and TET
qualification before 01.01.2012 in the selection process commenced in
pursuance of advertisements issued by the Zila Parishads of all the
districts on 24.02.2012 for appointment on the post of Teacher Grade III
Level - I. There shall however be no order as to costs.
(Gopal Krishan Vyas)
J.Ojha,
SEE COURT ORDER ON OFFICIAL WEBSITE : http://courtnic.nic.in/jodh/judfile.asp?ID=CW&nID=3188&yID=2012&doj=5%2F19%2F2012
