Ram Niwas Sharma v. State of Rajasthan & ors

submissions made by the learned counsel. It is a case where petitioner was denied appointment on the post of Prabodhak on the ground that he was not possessing requisite qualification i.e. BSTC, whereas, petitioner's case is that vocational qualification in the subject of Cutting & Tailoring is equivalent to BSTC. The issue for my consideration is as to whether petitioner is having the qualification as required under the Rules and whether his candidature was rightly rejected by the respondents or not. The issue aforesaid was considered earlier in the light of the earlier judgment of Division Bench in the case of “Usha Kumari versus Zila Parishad, Sri Ganganagar” (SB Civil Writ Petition No. 3638/1993 decided on 6.10.1993), “Gurmail Kaur 3 versus Zila Parishad, Sriiganganagar” (DB Civil Special Appeal No.699/1993, decided on 14.11.1994 and “Prem Kala versus State of Rajasthan & ors (DB Special Appeal No.630/1997, decided on 17.6.1997. Therein, it was found that Usha Kumari's judgment was approved by the Division Bench in the case of Gurmail Kaur wherein reliance was also placed on the Full bench judgment in the case of Ram Chandra Swami, reported in 1993(3) WLC 741. Paras 18,19 and 23 of the judgment in the case of Mukesh Kumar Jhajharia (supra) are quoted hereinunder:- “(18) This Court in Ram Chandra Swami Vs. State of Rajasthan (7), relied on the decision of the Apex Court in Ram Sukh Vs. State of Rajasthan & Ors. (8). The Apex Court in the said judgment observed thus: “The job that a primary school teacher is to teach tiny tots in the primary schools or the villages as per the prescribed syllabus and not to teach art, handicraft or any tread. They are not taught there. The candidates holding State Trade Certificate (S.T.C.) were not equivalent to Basic School Training Certificate and were not eligible for appointment on the post of teacher Gr. III.” (19).Again in State of Rajasthan Vs. Shyam Lal Joshi (9), the Apex Court took the view that the persons possessing National Trade Certificate were not eligible to be appointed as general teachers in primary schools. 4 (23).It may be notices that the reasons given in Usha Rani's case were approved by the Division Bench of this court in Gurmail Kaur (supra), wherein the reliance had also been placed upon the Full Bench judgment of this court in Ram Chandra Swami (supra). It was held that, a person having the training in a particular trade as Smt Gurmail Kaur, was having the training in tailoring. Crafting and cutting etc. could not be held eligible for the post of Teacher Gr III; the candidates possessing the vocational certificate may be eligible for the post if available anywhere in a trade in which they acquire skill but they are not eligible to be considered for the post of Teacher Gr III either in the Panchayat Samiti or in the Education Department. It is to be added that the reasoning adopted in the case of Usha Rani and Gurmail Kaur have subsequently been followed in the case of Prem Kala (supra) by the learned Single Judge as well as by the Division Bench stating that the vocational certificate is meant for self employment generally and as there are no vocational classes in the primary schools, such persons possessing certificates in vocational courses cannot be held eligible for being appointed as Teacher Gr III. It is pertinent to mention herein that in the case of Prem Kala, the issue involved was the same, namely, the Secondary equivalence of (Academic) quo the Senior Secondary (Vocational). Thus, having regard to earlier Division Bench judgments of this court in the cases of Usha Rani, Gurmail Kuar and Prem Kala (supra), the controversy is resolved and concluded against the respondents (writ The impugned circular dated 19.8.1998, in our view, is clearly consistent with the decisoin of the Division Bench of this Court in the case of Usha Rani, Gurmail Kaur and Prem petitioners). Senior 5 Kala (supra). The impugned circular itself makes the position clear that the clarification was issued based on the judgments of this court. Having regard to the conclusions arrived at in the judgments of the Division Bench aforementioned, it cannot be said that by the impugned circular rule 266 of the Rules was sought to be amended. The circular is only clarificatory in nature, that too, based on inconsistent with the judgements of the Division bench of this court, aforementioned. By the impugned circular the rule is not amended in the prescriptions of qualification is not altered. The qualification referring to Senior Secondary is only to be understood as Senior Secondary (Academic) and not as a Senior Secondary (Vocational) in the light of judgments of Division Bench of this court referring to the very rule. Learned counsel for the respondents pointing out to the observations made in the case of Rajpal Singh as noted by the learned Single Judge in para 13 of the judgment under appeals, submitted that the impugned circular cannot be sustained. The relevant observations made in Rajpal Singh's case as cannot be sustained.” The question now comes as to whether candidature of the petitioner was rightly denied for appointment or not? It is stated that petitioner's candidature was rejected on the ground that he was not possessing requisite qualification of BSTC. A candidate is lacking in requisite qualification for the post is not entitled to be appointed. 6 The aforesaid issue has been decided by the Apex Court in the case of “State of Rajasthan and anr versus Kulwant Kaur”, reported in (2006) 9 SCC 564, that too, in regard to the appointment to the post of Teacher Gr III. In the case of “Andhra Kesri Educational Society versus Director of School Education”, reported in (1989) 1 SCC 392 Hon'ble Apex Court has observed as under :- “20.Before parting with the case, we should like to add a word more. Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the 'engine' of the educational system. He is a principal instrument in awakening the child to cultural values. He needs to be endowed and energised with needed potential to deliver enlightened service expected of him. His quality should be such as would inspire and motivate into He must keep action the benefitter. himself abreast of changing conditions. He is not to perform in a wooden and unimaginative way. He must eliminate fissiparous tendencies and attitudes and infuse nobler and national ideas in younger minds. His involvement in national integration is more important, indeed indispensable. It is, therefore, needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency. It has greater relevance to the needs of the day. The ill trained or substandard teachers would be detrimental to our educational system; 7 if not a punishment on our children. The Government and the University must, therefore, take care inadequacy in the training of teachers is not compounded by any extraneous consideration.” to see In the case aforesaid, petitioner was possessing only diploma in Tailoring. The Apex Court held that petitioner Kulwant Kaur was not in possession of requisite educational qualification. It was again in reference to the circular issued by the government not recognising certain courses equivalent to BSTC as limited recognition was given for that purpose. Reference of the judgment in the case of “Mohd. Sartaj versus State of UP”, reported in (2006)2 SCC 315 has also been given therein. In the aforesaid background and as held by the Apex Court that ineligible candidate has no right to be appointed, the issue aforesaid stands settled thus petitioner herein cannot be ordered to be appointed even if lacking in qualification. In the aforesaid background, no case is made out to cause interference in the impugned order dated 10.3.2011. Hence, writ petition so as the stay application are dismissed. (MN BHANDARI), J. bnsharma 8 All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed. (BN Sharma) PS-cum-JW