Jogender Sharma vs Delhi Administration And Ors.
2005 Latest Caselaw 70 Del

JUDGMENT

Vikramajit Sen, J.

1. The petitioner is working as a Laboratory Assistant in Ramjas School, Anand Parvat, New Delhi. This School is unaided. It had published an advertisement on 16.03.2004 inviting "Application to the post of TGT (Mathematics)" specifying therein the requisite qualification to be M.A.(Maths)/B.A. Hons.(Maths), B.Ed. The Petitioner does not possess this qualification and his aspiration to this post is predictably being canvassed on the lower/minimum qualification laid down by the Directorate. The petitioner has filed, as Annexure P/2, "Promotion of Assistant Teachers/Laboratory Assistant working in the Directorate of Education to the post of TGT/LT", but the Annexure itself indicates that these Rules are with reference to persons working in Government Schools only. This is also the submission of learned counsel for the contesting Respondent/Ramjas School. The Directorate of Education, however, supports the Petitioner although the effect of the higher qualifications is likely to improve the quality of education. They have filed as Annexure "A" the "Recruitment Rules for the Post of Trained Graduate Teacher (TGT)". Clause 11 thereof reads as follows:-

"Method of recruitment whether by direct rectt. or by promotion or by deputation/transfer & percentage of the vacancies to be filled by various methods:-

1.By promotion from Assistant Teacher of MCD and Dte. of Edn. having a minimum of five years regular service as Asstt. Teacher in proportion to the actual strength of both the cadres as on the 31st March of the year in which recruitment is made failing which by direct recruitment- 70%.

2. By promotion from Laboratory Assistant of the Directorate of Education having a minimum of 5 years regular service as Laboratory Assistant failing which by direct recruitment - 05%.

3. By direct recruitment - 25%.

Note:- The eligibility of personnel of feeder, cadre will be determined with reference to qualifications possessed by them as on 1st January of the year in which selection is made.

Counsel for the Directorate states that these Rules apply to all recognized schools, i.e. regardless of whether they are unaided or minority Schools, but this does not appear to be what the Delhi School Education Act and Rules, 1973 envisage or prescribe.

2. The case of Ramjas School, however, is that it is fully empowered and entitled to specify qualifications which are higher than the minimum set down by the Directorate. Counsel states on instructions received from Mr. R.N. Goel, Administrative Officer of the School, that the decision of the Managing Committee to require the aspirant for appointment as TGT (Mathmatics) to possess a Post Graduate Degree in Mathematics or Bachelors/Honours degree in Mathematics along with a B.Ed. would apply in the future to recruitment of all teachers to TGT (Mathematics) (Regular Vacancies). The Court accepts this submission and thus, logically, this higher qualification would apply across the board to all other TGT vacancies in the Respondent School.

3. Rule 100 of The Delhi School Education Rules, 1973 (hereinafter referred to `as the DSE Rules') empowers the specifying of of minimum qualifications for appointment of teachers. Sub-clause (a) clarifies that recognized unaided schools are set apart from other schools and the minimum qualifications can be specified by the Affiliating Board. The Second Proviso to Rule 100 of the DSE Rules vests the power in the Managing Committee of a Recognized Unaided Schools to specify qualifications higher than those or in addition to those specified by the Affiliating Board or the Appropriate Authority, as the case may be, whilst clarifying that no such higher additional qualifications shall be insisted upon in relation to a teacher who is already serving the school. It reads thus-

Provided further that the managing committee of such school may specify qualifications higher than those or in addition to those, specified by the Affiliating Board or the appropriate authority, as the case may be, but no such higher or additional qualification shall be specified in relation to a teacher who is already serving the school;

(b) in an unaided school, shall be those as have been specified by the Administrator for appointment to corresponding posts in Government schools;

(c) where a post (other than that of a teacher) in a school, whether aided or not, corresponds to any post in the Government Schools, the minimum qualifications for recruitment to such post shall be such as has been specified for such corresponding post in the Government school.

It is the underlined phrase in the Rules which is relied upon by the Petitioner to contend that since the qualifications have been raised to M.A.(Maths)/B.A.(Hons.)(Maths)/B.Ed. as recently as on 16.03.2004, these should not apply to the Petitioner since he is already in the service of the School at the relevant time. It is also stated that a perusal of the extracted Clause 11 will disclose that recruitment to the post of TGT shall be by promotion from Assistant Teacher of MCD or Laboratory Assistant or Directorate of Education and failing these two by direct recruitment.

4. Assuming for the present that the Recruitment Rules of which Clause 11 is a part, applies even to recognized unaided schools, I am of the view that the third eventuality envisaged in Clause 11 viz. entry by direct recruitment, would apply in the present case. It should be the endeavor of every educational institution to enhance educational standards and this cannot conceivably be achieved without making a concerted effort to raise the qualifications of the teacher. Better qualified Teachers would result in better teaching and consequently to better students. Otherwise, further education may in a number of cases become mindless and worthless, and a method only to pass the time awaiting employment. The phrase "a teacher who has already serving the school", must be read to mean a teacher who is already serving the school in the post in question, which in the present instance is Trained Graduate Teacher. Had the Petitioner already been working as a TGT, the Rule would work to his protection, insulating him from being removed or dismissed or reverted by the School on the ground that it has prescribed higher educational qualifications for the post.

5. Learned counsel for the Petitioner states that the minimum qualifications, which the Petitioner does not possess at present, has been raised after the filing of the present petition, but that should not make any substantial difference. It is for this reason that I had inquired from the learned counsel for the School whether the decision to raise the minimum qualifications has been brought into effect for this selection only or for the future. If it were not to operate ubiquitously for all similar posts and for the future, the advertisement could be construed by the Court as a stratagem to defeat the rights of the Petitioner for his consideration to the post of TGT by promotion. I would then have unhesitatingly held in favor of the Petitioner.

6. In view of the statement made by learned counsel for the School, on instructions from the Administrative Officer who is present throughout the hearing, if the minimum educational qualifications are subsequently lowered for this very post, the Petitioner must be considered first.

7. The reliance placed by learned counsel for the Petitioner on Jaswant Rai Gupta v. Delhi Administration, 1980 LAB. I.C. 284 is of little assistance for the reason that the Petitioner was already appointed as Officiating Principal of the School and had been discharging duties of the Principal. It was, at that time, that the qualifications were sought to be changed which would be directly hit by the proviso of Rule 100 of the DSE Rules.

8. For these reasons, I do not find merit in the with petition, which is dismissed.