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1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH ON THE30H DAY OF JULY, 2015 BEFORE THE HON’BLE MR.JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.2772/2011 & WRIT PETITION NOs.69822-69826/2012 (S-KAT) BETWEEN1 2.
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4. SHIVANANDA B NAGUR, OCC/O ASST. PRIMARY, AGED34YEARS, R/O G HULIKATTI, TQ: KALAGATAGI, DIST-DHARWAD. RAMANAGOUDA PATIL S/O SHIVANAGOUDA, AGED ABOUT41YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER, GOVT. HIGHER PRIMARY SCHOOL, AT MUGAD JP, TQ & DIST. DHARWAD, SMT. LILAVATI S ITAGI, AGED ABOUT33YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER , GOVT. HIGHER PRIMARY SCHOOL, AT BYAHATTI, TQ : HUBLI. DIST. DHARWAD. SMT.LAXMI L SATALURI. AGED ABOUT31YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER, :
2. : GOVT. HIGHER PRIMARY SCHOOL, AT ALNAVAR TQ & DIST. DHARWAD., 5. SHIVAPPA VIBHUTI S/O YALLAPPA, AGED ABOUT31YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER, LOWER PRIMARY SCHOOL, AT HEBBALLI, TQ & DIST. DHARWAD.
6. MAHESH BAJENTRI S/O CHANABASAPPA, AGED ABOUT34YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER, GOVT. HIGHER PRIMARY SCHOOL, AT ADARGUNCHI, TQ: HUBLI, DIST. DHARWAD. ..... PETITIONERS (BY SRI SANTOSH B MALAGOUDAR, ADV.) AND1 2.
3. STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, BANGALORE. UNDER SECRETARY TO GOVERNMENT-3, DEPT. OF PERSONAL AND ADMINISTRATIVE REFORMS, (SERVICE RULES) MS BUILDING, BANGALORE. THE COMMISSIONER, DEPT. OF PUBLIC INSTRUCTIONS, NRUPUTUNGA ROAD, BANGALORE.
4. DIRECTOR, DEPT. OF HIGHER PRIMARY SCHOOL, DEPT. OF PUBLIC INSTRUCTIONS, :
3. : NRUPUTUNGA ROAD, BANGALORE.
5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADM.), 6.
7. DEPT. OF PUBLIC INSTRUCTIONS, OFFICE OF DDPI, AT DHARWAD BASAVARAJ TIPPANNA KAPPALI S/O TIPANNA, AGED ABOUT47YEARS, ASST. TEACHER, GHPS, HOLTIKOTI, TALUK & DIST. DHARWAD. SRIDHAR GHASTI S/O BHIMAPPA, AGED ABOUT43YEARS, HEAD MASTER, KSG, MORAB, TALUK: NAVALGUND, DIST. DHARWAD.
8. MADHUKUMAR KADEMANI, S/O MUDAKAPPA, AGED ABOUT41YEARS, HEAD MASTER, HPS, JEERIGIWAD, POST: KOTABAGI TALUK & DIST: DHARWAD.
9. BHARATHI R PATIL D/O RAMAPPA, AGED ABOUT35YEARS, ASSISTANT TEACHERS, HPS, LAKMAPUR, TALUK & DIST: DHARWAD.
10. GEETA V HIREMATH, AGED ABOUT38YEARS, ASSISTANT TEACHER, KBS CENTRAL SCHOOL, PANCHAKACHERI ONI, HOSEYELLAPURA, DHARWAD.
11. SHILA JARUR D/O ADIVAPPA JARUR, AGED ABOUT34YEARS, ASSISTANT TEACH ER, :
4. : HPS, HALETEGUR, TALUK & DIST. DHARWAD. ..... RESPONDENTS (BY SMT. VEENA HEGDE, HCGP FOR R-1 TO R-5 SRI S.G. KADADAKATTI, ADV. FOR R-6 AND R-7 SRI S.G. PANDIT & SRI K.T. GARADIMANI, ADVS. FOR C/R-6 TO R-8 (ABSENT) R-9 TO R-11 SERVED) THESE PETITIONS ARE FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEX.E DATED0312.2010 IN APPLICATION NO.1437 TO14422010 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AND ALLOW THE APPLICATION NO.1442/2010 FILED BY THE PETITIONERS BY GRANTING THE RELIEF SOUGHT IN THE APPLICATION NO.1442/2010 BEFORE THE KARNATAKA ADMINISTRATIVE TRIBUNAL AND ETC. RESERVED ON2306.2015. PRONOUNCED ON3007.2015. THESE PETITIONS COMING ON THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING: ORDER
Petitioners are unsuccessful applicants before the Karnataka Administrative Tribunal (hereinafter referred to as ‘Tribunal’, for short) and calling in question the order of the Tribunal dated 03.12.2010 in Applications No.1437 to 1442/2010, dismissing their applications. :
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2. Gravamen of petitioners’ case is that they are Assistant Primary School Teachers appointed on various dates and working in various schools and they are aggrieved by the notification No.DPAR59SRE2002 Bangalore, dated 24.06.2003, whereby the qualification for Teachers has been amended. Petitioners have acquired a degree in Bachelor of Arts (B.A.) and Bachelor of Education (B.Ed.) and studied English language as one of the optional subjects at degree level in both B.A. and B.Ed. They are eligible for promotion to the post of Assistant High School Masters Grade-II in English language in High Schools. Respondent No.5 prepared a common seniority list of Teachers working in primary school in Dharwad District and in the provisional seniority list, Assistant Primary School Teachers who had acquired Diploma Certificate in lieu of studying English language as one of the optional subjects at the degree level were included. Petitioners objected to the provisional seniority list by filing objections. The respondent No.5 realising the mistake sought to rectify the same by dropping the names of the candidates who had acquired Postgraduate Diploma :
6. : Certificates. In pursuance thereof, the final provisional seniority list dated 03.02.2010 was prepared and the respondent No.5 fixed the date for counseling as 08.02.2010 to consider the cases of the petitioners for promotion to the post of Assistant High School Teacher Grade-II. However, the said counseling was cancelled. On enquiry, the petitioners learnt that the respondent No.5 had passed an order dated 09.02.2010 stating that as per the Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002 (hereinafter referred to as ‘Rules 2002’, for short), the candidates who had studied English language as an optional subject or acquired Diploma Certificate in English from Regional Institute of English, South India (hereinafter referred to as ‘RIESI’, for short) could be considered for the purpose of appointment and promotion to the post of Assistant High School Teacher Grade- II. Thus, in terms of the amended Rules 2002, the teachers who acquired a Diploma Certificate in English from the RIESI were sought to be treated on par with the petitioners. The petitioners challenged the said rules before the Tribunal on various grounds. :
7. : The Tribunal, by the impugned order has dismissed their applications. Hence, these writ petitions.
3. We have heard Sri Santosh B. Malagoudar, learned counsel appearing for the petitioners, Smt. Veena Hegde, learned H.C.G.P. appearing for respondents No.1 to 5 and Sri S.G. Kadadakatti, learned counsel appearing for R-6 and R-7.
4. Learned counsel for the petitioners submits that the qualification for candidates to be appointed as teachers is prescribed by the National Council for Teacher Education (hereinafter referred to as ‘NCTE’, for short) by issuing notifications from time to time. He submits that the Regulations applicable in the instant case were notified by the NCTE on 03.09.2001 whereunder the qualification for Secondary/High School is prescribed as Graduate in Bachelor of Education (B.Ed.) or its equivalent. He submits that the said Regulations are applicable for appointment of teachers in all formal schools established, run or aided, recognized by the Central Government or State Governments for imparting education at elementary, :
8. : secondary and senior secondary levels. He draws our attentions to the Clause No.5 of the said Regulations, which deals with the power to relax the qualifications.
5. NCTE on receipt of a reference from the concerned State Government, if satisfied that special circumstances existed warranting relaxation of some of the provisions of the regulations for some time, may grant such relaxation of such provision to such an extent and subject to such conditions as it may consider necessary. He submits that by the impugned Rules, the State Government have amended the qualification for promotion and direct recruitment of teachers. He draws our attention to Rule 4 of the amended Rules, which reads as follows: “4. Amendment of Recruitment Rules The existing recruitment rules may be modified within a period of three years so as to bring them in conformity with the qualifications prescribed in the Schedules. Meanwhile, teachers appointed as per the existing recruitment qualifications, subsequent to the issue of these Regulations, will be required to acquire qualifications as prescribed in the Schedules.” :
9. : and submits that this amendment renders candidates acquiring a Diploma Certificate eligible for consideration for appointment/promotion as Language Assistant in English though it runs contrary to the NCTE Regulations. During the course of hearing, he has placed on record two letters dated 10.06.2011 and 21.04.2011 issued by the Information Officer of the Regional Institute of English, South India. It is stated in letter dated 10.06.2011 that the NCTE is offering one year distant mode program titled ‘Post Graduate Diploma in English Language Teaching’ (PGDELT). Learned Counsel further submits that as admitted by RIESI itself, there is no certificate called Diploma Certificate in English language. Adverting to the letter dated 21.04.2011, he submits that two specific queries viz., whether Postgraduate Diploma in English is equivalent to degree given by a University and whether a Postgraduate Diploma in English is equivalent to B.Ed. course were raised in the R.T.I. application and the RIESI has answered the said queries in the negative. He therefore submits that the impugned notification amending the rules insofar as it relates to appointment and promotion as :
10. : Language Assistant in English is void ab initio and liable to be struck down. Assailing the judgment of the Tribunal dated 03.12.2010, he submits that the Tribunal misdirected itself with regard to the qualifications and dismissed their applications on the ground that the petitioners were unable to demonstrate that the prescription of qualification is in violation of Constitution or any Statutory provision. Therefore, he prays that these writ petitions be allowed.
6. Per contra, learned H.C.G.P. supports the order passed by the Tribunal by contending that the amendment has been brought to facilitate the candidates who have a degree in different discipline. She submits that acquisition of a Diploma Certificate from the RIESI was a condition precedent for the candidates who qualified themselves to be considered for appointment or promotion to the post of Language Assistant in English. She submits that the State Government being the employer, have a right to prescribe the qualification and there is no error in issuing the impugned notification and accordingly prays for dismissal of the writ petitions. :
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7. Learned Counsel Sri S.G. Kadadakatti appearing for private respondents No.6 to 8 submits that the said respondents have obtained the Diploma Certificate from the RIESI and thus complied with the prescription of qualification contained in the notification and they are discharging their duties as teachers in English at par with the petitioners. He submits that the private respondents are as efficient as a teacher who had studied English as an optional subject at the degree level. He further submits that the private respondents cannot be disturbed after having served in the Government schools for number of years. Accordingly, he prays for dismissal of the writ petitions.
8. In the background of pleadings, the following points arise for consideration of this Court:
1. Who is the authority to prescribe qualifications for Teachers?.
2) Whether the State Government can prescribe and amend the qualifications for Teachers?. Re: Point No.1 :
9. The impugned rules read as follows: :
12. : “Personnel and Administrative Reforms Secretariat Notification No.DPAR59SRE2002 Bangalore, dated:24.06.2003. Whereas the draft of the Karnataka Education Department Services (Department of Public Instruction) (Recruitment) (Amendment) Rules, 2002 was published as required by sub-section (2) of section 3 of the Karnataka Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No.DPAR59SRE2002 dated 31st October 2002 in Part-IVA of the Karnataka Gazette Extra- ordinary No.1474, dated 31st October 2002 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in the official Gazette. RULES1 Amendment of Schedule.- In the schedule to the Karnataka Education Department Services (Department of Public Instruction) (Recruitment) Rules, 1967 (hereinafter referred to as the said Rules) under the heading Class III, non-gazetted posts,- (1) for the entries relating to the category of posts of Secondary School Assistant (Grade-II) cadre. Graduate Assistant Masters and Mistress in Government High Schools. Higher Secondary Schools, practicing high School attached to college of education and multipurpose High Schools, Senior Primary Schools, Teachers Training :
13. : Institutions, Schools for Deaf and Blind, Vocational Institutions for Women inspecting Officers, Administrative Officers of municipal Schools, Boards, English Teachers and Literature Assistants in Sanskrit Colleges, Academic Assistant in the office of the Director of Public Instructions, Graduate Head Masters and Head Mistress of senior primary schools, craft Organiser, Non-Gazetted Head Masters of Teacher Training Institution at serial number 37, the following shall be substituted namely:- 37 Secondary Schools Assistant (Grade-II) cadre Graduate Assistant Master/Mistress in Government High Schools, Composite PU Colleges, Composite High Schools consisting of the following categories of posts, namely:- 1. Assistant in Master Arts English, Kannda, Urdu, Hindi, Marathi, tamil and Telugu Mediums of Instruction.
2. Master in Physical Science in Kannada, English, Urdu, Marathi, Hindi, Assistant (I) Fifty Percent By Direct Recruitment; And (Ii) Fifty Percent By Promotion From The Cadres Of Primary School Assistant, And Craft Teachers Grade-I, Music Drawing Teachers, Teachers Cadres In Government High Schools School and Nursery Teachers Cadre in the ratio of 45:2:1:1:1. if Provided sufficient of persons in the cadres of Craft Teachers Grade – 1, Nursery School Teachers, Music Teachers and Drawing Teachers are for not promotion, such number of posts shall be available then that number for direct and Schools (Grade-II) Qualification promotion recruitment: Secondary Assistant cadre: (1) For Assistant Master Arts:- (a) Must be holder of a Bachelor degree in arts the with any following as optionals namely:- History, Geography, Science, Sociology, AND Economics, Political two of subjects (b) Must be holder of a Degree in Education. (2) For Assistant Master Physical Science:- (a) Must be holder of a Bachelors Degree in Science with any two of the Assistant Tamil and Telugu, Mediums of instruction.
3. Master in Biological Science in Kanndada, Urdu, English, Hindi, Marathi, Tamil and Telugu Midiums of instruction.
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4. Language Assistant, in Kanndada, English, Urdu, Hindi, Marathi, Tamil, Telugu and Sanskrit languages. :
14. : by filled by promotion from Primary School Assistant cadre. Provided further that if sufficient number of persons from the Primary School Assistants cadre are not available than such number of posts shall be up filled direct recruitment. By Direct Recruitment:- The Joint Director of Public Instruction in the respective Division or such other officer as the State Government may be order specify in this behalf (hereinafter referred to as the selection authority) after taking into consideration number of vacancies available in each of the educational Districts falling under the jurisdiction of each of the divisions for each of the categories of post specified in (1) to (4) in column (2) shall invite applications from eligible candidates by advertising the vacancies in the Karnataka Gazette and also advertising at least in two leading News Papers having wide circulation in the State. Application shall be filled in the form specified for the following subjects as optionals namely Physics Chemistry, Mathematics, or Physics, Mathematics, Computer Science or Physics, Mathematics, Electronics, Mathematics should be a compulsory optional subject, AND (b) Must be holder of Degree in Education (3) For Assistant Master in Biological Science:- (a) Must be holder of a Bachelor Degree in Science with any two of the following subjects as optionals:- Chemistry, Botany and Zoology. Chemistry should be a compulsory optional subject AND (b) Must be holder of a Degree in Education Provided that in addition to the qualifications specified above for the posts (1) to (3) above they:- (a) Must have studied at degree level the language of the :
15. : by purpose along with such fees as may be specified therein. The Selection Authority shall conduct a combined competitive examination in accordance with the procedure to be specified the Government. The selection Authority shall provide necessary details of in respect competitive examination such as syllabus, the date, time, place etc., at the time of calling for application. The Selection Authority shall prepare the select list on the basis of total of the following:- all in secured (a) Seventy Percent of the the marks combined competitive examination (b) Twenty percent of the marks secured in the B.A. and B.Sc., degree as the case may be; and (c) Ten percent marks secured the B.Ed., in examination. While preparing the select list, Selections Authority shall as far as possible consider the option exercised by the Candidate the medium in which they are supposed to teach. (b) In case of cadidates who have not studied at Degree level, the language of the medium in which they are supposed to teach; Must have studied the respective language as first or second language at SSLC level; or Must have studied in the medium of the respective language either at SSLC level or at degree level: or Must have possessed a Diploma in respective language granted by University recognized by the U.G.C. or Must have passed Kannada Certificate Court Conducted by the Karnataka Secondary Education Examination Board or Kanndada Sahitya Parishat, where the language in which they are supposed to teach is Kannada.
4. For language Assistants:- (a) Must be the holder of bachelors degree in arts with concerned :
16. : with regard to selections to a particular post and district at time of recruitment: the to Provided that while preparing the above lists a weight age of two percent marks for each completed year of service shall be added the marks secured by a candidate if such candidates, having degree in Education and is/was working in census organization of Govt. of India on Contract Basis or as part time teachers or Honorary Teachers in various Government High Schools Provided further that the select list shall be prepared in accordance with the provisions relating to reservation of posts specified in any law, in KCS (General Recruitment) Rules, 1977 and the Government Orders this behalf from time to time. The Selecting Authority shall prepare Separate list of selected Candidates for the educational each of districts allotting issued in by language as one of the optional subjects namely, Kannada, English, Urdu, Hindi, Marathi, Telugu, Tamil and Sanskrit or 4 years language Pandit course in Kannada, Vidwan in Sanskrit and Urdu Munshi, Examination conducted by the Karnataka Secondary Education Examination Board. AND (b) Must be a holder of degree in Education: Provided that in case of Bachelor Degree holder who has not studied the concerned language as optional subject at the degree level he shall be considered eligible if the concerned candidate- (a) is a holder of post Graduate degree in the concerned language. (b) for the Language Assistant in English, the candidates who holds a post graduate Diploma certificate in :
17. : list candidates through counseling from the main list of selected candidates (Division level). Each of such lists may hereinafter called as “main list of selected candidates” (district level) Selection The Authority shall prepare an additional of candidates not included in the main list not exceeding ten percent of the number of vacancies notified. The lists so prepared shall be published in the Official Gazette and shall cease to be operative from the date of of Notification for subsequent recruitment of secondary school assistants Grade-II these Rules or any other rules specifically made for such recruitment. However, the recruitment be limited to the extent of notified vacancies only. The Deputy Director of Public Instruction or such other officer as the State Government may by order specify (hereinafter referred to as appointing authority) may appoint candidates whose names publication under shall English language from Regional Institute of English, South India shall also be considered eligible for the appointment. (c) In case of Hindi Language Assistant, must be a holder of Bachelor Degree with Hindi as major subject. And Must be holder of degree in Education with the concerned subject or subjects as teaching methods. (d) In case of Language Assistant in English candidates who have not studied English as a teaching method at B.Ed., Degree level but is a holder of post graduate Diploma Certificate in English Language from Regional Institute of English South India shall also be considered eligible for appointment: Provided further :
18. : are included in the merit list of selected candidates (district level) prepared in the manner as indicated above in the vacancies in the order in which the names are found in the list after satisfying itself after such enquiry as may be considered necessary that each of the candidates is suitable in all respects for appointment. that in case of Language Assistants in Hindi, a candidate, (i) who has passed Rashtrabhasha Praveen and Shiksha Snatak (with Hindi and one other language as teaching method) courses conducted by the Dakshina Bharat Hindi Prachar Sabha and Pre-University Course with Kannada or any other regional language as one of the subjects or with Kannada or any other regional language as medium of instruction at P.U.C. level; or (ii) who possesses any other qualification as may be declared equivalent by the State Government; may also be considered for selection. For Promotion: Must have put in not less than 5 years of service in the Cadre mentioned at column 3.Age Limit: As per the provisions of rule 6 of the Karnataka Civil Services (General :
19. : Recruitment) Rules, 1977. Provided that the maximum age limit in case of candidates working as part-time teachers or Honorary Teachers in Government High Schools shall be enhanced by the number of years during which he is or was holding such post, subject to a maximum of ten years: Provided that the maximum age limit shall not be applicable for promotion.
10. NCTE was set up in the year 1993 by a resolution as a National Body to advice the Central Government and State Governments in all matters pertaining to Teacher education. Since it had only an advisory jurisdiction, the NCTE Act, 1993 (Act 73 of 1993) was promulgated. The object of the said Act is to provide for establishment of a National Council with a view to achieve planned and coordinated development of the teacher education system throughout the country, regulation and proper :
20. : maintenance of norms and standards in teacher education system and for matters connected therewith. The educational qualification for teacher is dealt in Chapter-I. The functioning of the NCTE are dealt in Chapter III of the Act. Section 12(d) requires NCTE to lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognised institutions. Thus, it is clear that NCTE is the competent body to prescribe minimum qualification for teachers. By the Regulations 2001, qualification prescribed by NCTE for Secondary/High School Teachers is a graduate degree with B.Ed or its equivalent. Regulation 5 of 2001 Regulations gives power to the NCTE to relax any conditions and it reads as follows:
5. Power to relax: Where the Council is satisfied, on receipt of reference from the concerned Government, that special circumstances exist warranting relaxation of some of the provisions of the regulations for sometime it may grant relaxation of that provision to such extent and subject to such conditions as it may consider necessary in a just and equitable manner.
11. Thus, it is clear that the qualification prescribed by NCTE is a mandatory requirement for candidates to be :
21. : considered for recruitment as teachers in educational institutions established, run or aided or recognised by central or state government and other authorities for imparting education. By the impugned Rules of 2002, the respondent/State has unilaterally diluted the qualifications insofar as the teachers to be appointed as Language Assistants. The first column of the impugned notification indicates various cadres of teachers. The next column indicates the method of recruitment and the third column indicates qualification. Presently, we are concerned with Language Assistants for secondary schools. The qualification prescribed for a Language Assistant in column No.4 is as extracted hereinabove. The prescribed qualification for language Assistant is a Bachelor’s degree in Arts with the concerned language as one of the optional subjects. Under the impugned Rules, a candidate who holds a Postgraduate Diploma Certificate in English from RIESI shall also become eligible for consideration. This relaxation provided in the impugned Rules, 2002 runs counter to the minimum academic :
22. : qualification prescribed by the NCTE. If the State Government as the employer desired to dilute qualification prescribed by the NCTE, the same ought to have been done seeking relaxation by taking recourse to Regulation 5 of 2001 Regulations. The notification is silent with regard to relaxation, if any, obtained from the NCTE. No material is placed before this Court by the respondent/State to show that prior approval/relaxation was obtained from the NCTE in this behalf. Therefore, the amendment of Rules with regard to the qualification prescribed for Language Assistant in English are unsustainable in law. The Tribunal, while dealing with this aspect of the matter has misdirected itself by holding that the NCTE regulations which lay down minimum qualification also gives liberty to the State Government to prescribe equivalent qualification and that the impugned amendment does not alter the prescribed qualification under the NCTE Regulations. This finding of the Tribunal, in our considered view is perverse. The minimum qualification for Secondary/High School Teacher is, Graduation with Bachelor’s degree in :
23. : Education (B.Ed.) or its equivalent. In the case on hand, the teachers are sought to be appointed for English language. By the impugned notification, the State Government have unilaterally relaxed the condition to promote a candidate who has not studied the concerned language viz., English in the present case as an optional language at the degree level. It means that a bachelor degree holder who has never studied English language throughout and acquires a diploma from RIESI can be appointed as a Language Assistant to teach English. RIESI in its reply communication dated 21.04.2011 has categorically stated that the PGDE is not equivalent to a degree given by the University. However, by applying the amended rules, a candidate who has a degree in Arts in any discipline will become eligible for consideration to the post of Language Assistant in English with acquisition of a Diploma Certificate in English. If, this logic is extended, then a candidate with a bachelor’s degree in physical education training were to acquire a Diploma Certificate in English, he shall become eligible for consideration for appointment as :
24. : Language Assistant in English language. This is absurd. The purpose of appointing teachers is to ensure impartment of knowledge is fruitful. This can only happen if the candidates who have studied a particular subject at the degree level appointed to teach the very subject. The impugned notification defeats logic. We may usefully refer to a judgment of the Hon’ble Supreme Court in the case of Ranu Hazarika and others Vs. State of Assam and others reported in (2011) 4 Supreme Court Cases 798, wherein the Hon’ble Supreme Court has delineated and recognized the power of NCTE to lay down minimum qualifications for a person to be employed as a teacher by holding thus.
12. Therefore, in our considered view, the 2002 Rules are not sustainable in law. Consequently, the impugned order passed by Tribunal is liable to be set aside. In the result, we pass the following: :
25. : ORDER
(i) (ii) The appeal is allowed. The order dated 03.12.2010 passed by the Tribunal in Applications No.1437 to 1442/2010 is set aside. (iii) The impugned notification No.DPAR59SRE2002 Bangalore, dated 24.06.2003 is quashed. (iv) Respondent/State is directed to redraw the seniority list as expeditiously as possible and at any rate not later than six months from the date of receipt of a copy of this order. Ordered accordingly. No costs. Sd/- JUDGE Sd/- JUDGE Naa