SARKARI NAUKRI - TGT TEACHRS KE LIYE TET MANDATORY, HIGH COURT -
TGT HINDI TEACHER KEE BHRTEE KE LIYE YACHEE NE 3 POINTS KA ULLEKH KIYAA -
1. ADVT. NIKALNE KE SAMAY KOEE TET KA ULLEKH NAHIN THAA, AUR GAME SHURU HONE KE BAAD RULES BADLE NAHIN JAA SAKTE
2. DELHI SARKAR KHUD APNE SCHOOLS MEIN BAGER TET KE BHRTEE KARTEE AA RAHEE HAI
3.BHRTEE SHURU HONE KE SAMAY TET ETC. KE NIYAM NAHIN THE.
COURT NE KAHA KEE -
1.
GAME KE RULE BEECH MEIN NAHIN BADLE JAA SAKTE KA AGAR HAM SEHYOG KARENE
TO FIR HAM BHEE STATUTORY PROVISION KA ULLANGHAN KARENGE. JO HAM NAHIN
KAR SAKTE.
2.SUPREME
COURT KA GAME CHANGE KA RULE KOEE UNIVBERSAL RULE NAHIN HAI, KHAS POINT
YE HAI KI EMPLOYER NE KOEE SWECHHE / ARBITRARY VIOLATION - SAMANTA KE
ADHIKAR ARTICLE 14 KA TO NAHIN KIYAA.
AUR VO HAME NAJAR NAHIN AATA.
ISLEEYE YACHEE KEE APPEAL DIMISS WITHOUT ANY RELIEF.
WPC 5249/2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
+
W.P.(C) No.5249/2012
%
25th November, 2013
SHIV RAM MEENA
......
Petitioner
Through:
Mr. M.K.Bhardwaj, Adv.
VERSUS
GOVT. OF NCT OF DELHI & ORS.
...... Respondents
Through
: Mr. Arjun Pant, Adv. For R
-
1. Mr. Pawan K.Khanna, Adv. for R
-
2.CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
Yes
VALMIKI J. MEHTA, J (ORAL)
1.
By
this writ petition, petitioner seeks appointment to the post of TGT
(Hindi) in the reserved category with the Nehru Adarsh Senior
Secondary School. Petitioner claims that he had the
necessary qualifications of graduation and B.Ed degree and
accordingly he was called for the interview, and having been
selected in the interview he ought to have been given
appointment.
2.Respondent
no.1 is the Director of Education. The school in questionnamely Nehru
Adarsh Senior Secondary School is represented throughWPC 5249/2012
Page2 of 8 respondent nos. 2 and 3. Counter -affidavits filed by these
respondents showthat petitioner was not given appointment
because as per the relevant provisions Sections 2(a)&(n)
& 23(1) of the Right of Children to Free and Compulsory
Education Act, 2009 there cannot be appointment of a teacher
in
the school unless the teacher has Central Teachers Eligibility Test
(CTET) qualification, and since the petitioner didnot have the
CTET qualification , petitioner was not appointed. Along with the
counter - affidavit of respondentno.1, the circular of the Govt.
of NCT of Delhi da
ted 29.2.2012 has been annexed as
Annexure R- 1 to show that schools are illegally appointing
persons as teachers in spite of not having the r equirement of
CTETqualification
as per the RTE Act, 2009 and schools have been directed to ensure compliance of CT
ET requirement for appointing of a person as a teacher in the school. This circular
dated 29.2.2012 reads as under:
-
“GOVERNMENT OF NATIONAL CAPITAL TERRITORY
OF DELHI DIRECTORATE OF EDUCATION
OLD SECRETARIAT, DELHI
-
110054
No.DE/15/Act/2010/7863
Date: 2
9/02/2012
Sub:
Clarification Regarding Recruiting Only CTET Qualified Teachers in Aided Schools
WPC 5249/2012 Page 3 of 8 In pursuance of sub - section (1) or Section 23 of the Right
of
Children to Free and Compulsory Education Act 2009, theNational
Council for Teacher Education,vide their Notification No.215 F.N.61 -
03/20/2010/NCTE(N&S) dated 23.08.2010,
prescribed the
clearance of Teacher Eligibility Test as a part of the minimum
essential qualification for a person to be eligible for
appointment as teacher to teach in the school s referred to in
clause (n) of Section (2) of the aforesaid Act.
In
accordance with the spirit of the RTE Act and
theaforementioned Notification issued by the National council for
Teacher Education, the Directorate of Education, vide
Notification
No. F4(6)(350)/E - IV/2011/621 issued on 07.10.2011 with
the approval of Hon‟ble Lieutenant Governor of the GNCT Delhi,
recognized only the Central Teacher
Eligibility Test
conducted by the Central Board of Secondary Education in lieu
of State Eligibility Test for appointment of teachers to teach
classes I to VIII in the schools referred in clause (n) of
Section 2 of the RTE Act.
This Notification has already been
published in the Delhi Gazette Extra Ordinary Part IV on
07.10.2011, and also circulated widely vide Circular
No.F.N.DE4(6)(350)E
- IV/2011/18875 - 18924 dated 26.12.2011.
Despite the aforesaid provision having come into force with its modification with effect from 07.10.2011,
it has been observed that some schools are still considering application
-
for recruitment to various teaching posts - submitted by
candidates who have not qualified the CTET, which act on their
part is unlawful and warrants action as per the as per
appropriate provisions of law.
It is, therefore, reiterated that with effect from the aforesaid notification,
only
CTET qualified teachers shall be employed by the government
aided schools as referred to in clause (n) of Section 2 of the RTE
Act 2009.”
WPC 5249/2012 Page 4 of 8 3.
It is therefore clear that
no
one can be appointed as a teacher in a school after the passing of the
Right to Education Act, 2009 (in short „RTE Act, 2009), read with the
notification of National Council for Teacher Education dated
23.8.2010, unless such a person has CTET qualification.
4.
In the present case, the appointment which the petitioner claims to
the post of TGT(Hindi) is after the National Council for
Teacher Education notification dated 23.8.2010, and therefore,
unless the petitioner has CTET qualification, and admittedly
which qualification
the petitioner did not have at the time of his being selected, he cannot be appointed to the
post of TGT (Hindi) in the respondent - school.
5.
Counsel for the petitioner made three submissions before this
Court for grant of the relief claimed in the writ petition. The
first
is that the advertisement in question did not mention the
requirement of CTET qualification and therefore rules of the
game cannot be changed once the selection process is set into
motion. The
second submission is that Government of NCT of Delhi itself is
employing teachers without CTET qualifications, and therefore,
petitioner should not be discriminated against, and
reliance for this purpose is placed upon the advertisement
dated 13.9.2011 issued for recruitment of 2012 which
does not have the
WPC 5249/2012 Page 5 of 8 requirement of a CTET qualification for a teacher.
The
third
submission made is by placing reliance on the judgment of the
Supreme Court in the case of Y.V.Rangaiah and Others Vs.
J.Sreenivasa Rao and Others 1983 SCC (L&S) 382 (1983) 3 SCC 284
that vacancies have to be filled in as per the recruitment rules as
prevalent at the time when vacancies occur and not when the vacancies are filled in.
6 . So far as the first argument, which is urged on behalf the petitioner is concerned that
rules
of the games cannot be changed mid way because the advertisement
did not prescribe the requirement of CTET qualification, in my
opinion, this argument if accepted ,
the same will amount to Court becoming a party to gross violation of the statutory provisions and
the statutory notifications as per the RTE Act , 2009. Once the
law requires a specific qualification for appointment,
assuming that the authorities may choose to wink and not comply
with the requirement, cannot mean that Court should direct
appointments in violation of provisions of the statute. It
cannot be and could not be disputed before me that in terms of the RTE
Act, 2009 and the notification reproduced above, for all appointments
made after 2009, there was a requirement of CTET qualification
for a teacher. Once there is a statutory requirement,
Court
can give its imprimatur to an action WPC 5249/2012 Page 6 of 8
which will amount to violation of the statute and the statutory
notifications.
I therefore, refuse to accede to the argument that merely
because
the advertisement does not provide requirement of CTET
qualification, simply for that reason appointment should be made
ignoring the requirement of CTET qualification, and effectively ignoring the statutory provisions and statutory notifications.
7. So far as the second argument is concerned, the same also stands rejected in view of the
above
discussion of the first argument , because ,there cannot be estoppel
against law. I must also observe that I am doubtful if merely by
the petitioner filing the recruitment notification of
2012
for appointment of teachers, teachers would have been appointed
by the Govt. of NCT of Delhi who do not have CTET qualification.
8 .Therefore, the argument that CTET qualification can be overlooked and can be
so
accepted by the Courts is not correct, and also I cannot accept
the argument that merely because advertisement of 2012 which is
filed does not mention requirement of CTET qualification ,
therefore, actual recruitment must have been done by the Govt.
of NCT of
Delhi or by the schools governed by the Director of Education, of teachers , who did not have CTET qualifications.
WPC 5249/2012 Page 7 of 8
9.
The third and the final argument urged on behalf of the
petitioner did carry some substance because it is the law
that recruitment should be as per the recruitment rules when
the vacancies arise, however, this argument will not hold good if there is statutory provision covering the field. As per ordinary law and administrative rules of an employer there can
take place recruitments only as per the extant recruitment rules when the vacancies
occurred , however,
this
is not a universal rule and it has so been held by the Supreme Court in
the case of Deepak Agarwal & Anr. Vs. State of Uttar Pradesh
& Ors. (2011) 6 SCC 725
wherein
the Supreme Court referred to the earlier judgment in the
case of Y.V.Rangaiah (supra) and observed that once there are
statutory rules, such statutory rules will prevail
and
there is no universal rule of absolute application that vacancies are
to be filled invariably by the law existing when the vacancy arises.
Once there are statutory rules and statutory provisions which hold the
field , the judgment in the case of Y.V.Rangaiah (supra) will not apply
and which will really apply to administrative circulars and
notifications. Of course, I may state that even with respect to
administrative circulars , rules and notifications , there may be in the
facts of the particular case entitlement of an employer to specifically
ask for a specific requirement although such requirement did not exist
when the vacancy had arisen inasmuch as it is not unknown to
law that if the
WPC 5249/2012 Page 8 of 8 legislature or an
employer so wants, there can be a retrospective application of a
particular requirement as per the facts of each case , because,
what
is really to be examined is that actually is there a violation of
Article 14 of the Constitution of India i.e whether or not action
of the employer is arbitrary.
In the facts of a
particular case, it may be possible that action of an employer in
requiring the retrospective application of a qualification may
not be arbitrary, however I need not observe in this regard
one way or the other , inasmuch as, in the present case we are
concerned with statutory provisions, statutory rules and statutory
notifications which bar the appointment of a
person as a teacher in a school, unless such person has CTET qualification.
10
. In view of the above, I do not find any merit in the petition, and
the same is dismissed, leaving the parties to bear their own costs.
NOVEMBER 25 , 2013 /
ib
VALMIKI J. MEHTA, J.
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