The State Of Haryana vs Sandeep Singh

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4546 OF 2019 (@ SLP(C) NO. 11295 of 2019) (@ DIARY NO. 42671 OF 2018)

STATE OF HARYANA AND ANOTHER …… APPELLANTS

vs.

SANDEEP SINGH AND OTHERS .…..RESPONDENTS

JUDGMENT

Hemant Gupta, J.

The challenge in the present appeal is to an order dated

03.12.2014 passed by the Division Bench of High Court of Punjab and

Haryana in an intra court appeal under Clause X of the Letters Patent.

2. The grievance of the respondents (hereinafter referred to as “writ

petitioners”) in the writ petition filed under Article 226 of the

Constitution is that the post of Drawing Teacher had been converted to Signature Not Verified

Trained Graduate Teacher (TGT) under Rule 9(5) of the Haryana School Digitally signed by SANJAY KUMAR Date: 2019.05.06 14:31:23 IST Reason:

Education (Group C) State Cadre Service Rules, 2012 1. Two juniors to 1 2012 Rules

1 the writ petitioners have been promoted as Elementary School

Headmasters, therefore, the writ petitioners are also entitled to get

promoted from the day their juniors were promoted.

3. The contention of the writ petitioners is that they possess senior

secondary qualification with 2 years Diploma in Art & Craft and that

they also possess qualification of B.A. and B.Ed. Initially, services of

the writ petitioners were governed by Haryana State Education School

Cadre (Group C) Service Rules, 19982 which have since been replaced

by the 2012 Rules. In terms of Rule 9 (5) of 2012 Rules, the Classical &

Vernacular (C&V) Cadre Teachers, such as the writ petitioners, are

deemed to be converted to TGT in the relevant subject though no

further recruitment shall be conducted to these categories of C&V

Teachers. The contention of the writ petitioners is that they fulfil the

qualification prescribed for the post of Elementary School Headmaster,

therefore, they are entitled to be considered for promotion to the said

post based upon seniority in terms of Rule 11 of 2012 Rules.

4. The stand of the State is that the writ petitioners are not entitled

for promotion to the post of Elementary School Headmaster as they do

not fulfil the requisite qualification for appointment to the post of TGT

under 2012 Rules.

5. The learned Single Bench relying upon Rule 9(5) of 2012 Rules

held that the C&V Teachers stand converted to TGT Cadre, therefore,

2 1998 Rules

2 they would be entitled to consideration for promotion to the post of

Elementary School Headmaster. It was held as under:

“As per Rule 9 of the 2012 Rules, for promotion to the post of Elementary School Headmaster, 85% posts have been kept reserved for promotion from amongst the TGTs. Since the petitioners now belong to the TGT Cadre, they would be entitled to consideration for promotion to the post of the Elementary School Headmaster provided they fulfil the qualifications for the post, for which they are claiming promotion. The eligibility for promotion to the post of Elementary School Headmaster is B.A. B.Ed. and since the petitioners fulfil the requisite qualifications for the said post, they are entitled to be considered for promotion to the said post according to their seniority, which has to be determined by the respondents as per Rule 11 of the 2012 Rules.”

6. The intra court appeal preferred by the State was dismissed for

the reason that once C&V Teachers have been considered as the

members of TGT Cadre they cannot be denied the promotion post of

Elementary School Headmaster against 85 per cent quota earmarked

for TGTs.

7. Learned Counsel for the appellant argued that Rule 9(5) of 2012

Rules only gives a notional designation of TGT to C&V Teachers

appointed under 1998 Rules and that the Rule 9(5) of the 2012 Rules

cannot be read in isolation. It is contended that under 1998 Rules,

there were C&V Teachers and Masters. The equivalent post of TGT in

the 1998 Rules is Master, which is promotion post of C&V Teachers

such as the writ petitioners. A cumulative reading of various provisions

of 2012 Rules does not contemplate to treat C&V teachers as TGT, the

Master being a promotion post for C&V Teachers.

3 8. The minimum educational qualification for C&V Teachers in terms

of 1998 Rules in the subject of Drawing was Matric from Haryana

School Education Board or equivalent qualification recognized by the

Haryana School Education Board as well as 2 years Diploma in Art and

Craft Examination, whereas, for the promotion to the post of Art

Master, the minimum qualification is B.A. with Art as one of the

Elective Subject and B.T./B.Ed from a recognized University or

Matric/10+2 with 5 years Degree/Diploma from a recognized University.

9. It is contended that TGTs under 2012 Rules are defined to mean

the teachers appointed in the relevant subject after framing of 2012

Rules and also include Masters appointed before the notification of

these Rules. It is only the Master who falls within the definition of TGT

under the 2012 Rules, whereas, the C&V Teachers are converted to TGT

notionally as dying Cadre to avoid anomalous situation of the C&V

Teachers without being in any Cadre.

10. The qualification for an appointment of TGT is Graduation; B.Ed

and certificate of having qualified Haryana Teachers Eligibility

Test(HTET)/ School Teachers Eligibility Test(STET). The writ petitioners

cannot be treated to be the members of TGT Cadre under 2012 Rules

as the post of Master is equivalent to the Post of TGT, which is in fact, a

promotion post for C&V Teachers under the 1998 Rules.

11. On the other hand, the learned Senior Counsel for the writ

petitioners supported the reasoning given by the High Court that once

the C&V Teachers are converted to TGT, therefore, they have to be

4 treated as the members of TGT Cadre itself and Rule 9(5) of the 2012

Rules cannot be given any other meaning as the language of the Rules

leaves no manner of doubt that the C&V Teachers are now to be

deemed to be part of TGT cadre.

12. The relevant Rules need to be extracted at this stage to

appreciate the respective contention of the parties. The relevant

provisions of the 1998 Rules read as under:

“6. (1) Appointments to the posts in the Service in case of Middle School Headmaster, Social Studies Master, Science Master, Mathematics Master, Agriculture Master, Commerce Master, Demonstrator in Physical Education (P.T. Master), Home Science Master, Art Master and Music Master shall be made by Joint Director Schools.

(2) Appointments to the posts in the Service in case of Sanskrit Teacher, Hindi Teacher, Punjabi Teacher, Physical Training, Instructor, Art and Craft Teacher (Drawing Teacher), Tailoring Teacher and Tabla Player shall be made by the respective District Education Officers of the concerned district.

*** *** ***

9. (1) Recruitment in the Service shall be made:-

(a) in the case of Middle School Headmaster,

(i) by promotion from amongst Master; or

*** *** ***

(b) in the case of Social Study Masters-

(i) 50% by promotion from amongst J.B.T. and C&V Teachers; and

(ii) 50% by direct recruitment; or

(iii) by transfer of deputation of an official already in service of any State Government or the Government of India;

(c) in the case of Science Master:-

(i) 20% by promotion from amongst the J.B.T. and C&V Teacher; and

(ii) 80% by direct recruitment; or

(iii) by transfer or deputation of an official already in service of any State Government of India;

5 (d) in the case of Mathematics Master:-

(i) 20% by promotion from amongst J.B.T. an C&V Teachers; and

(ii) 80% by direct recruitment; or

(iii) by transfer or deputation of an official already in the service of any State Government or the Government of India;

(e) *** *** ***

*** *** ***

(o) in the case of Art and Craft Teacher (Drawing Teacher)

(i) by direct recruitment; or

(ii) by transfer or deputation of an official already in the service of any State Government or the Government of India;

*** *** ***

APPENDIX -B (See Rule-3) Sr. Designation Academic Academic No. of Posts qualifications qualifications and experience and experience if any for direct if any for recruitment appointment other than by direct recruitment 1-8 *** *** *** 9. Art Master (i) B.A. with Art (i) B.A with Art as one of the as one of the Elective Elective subject Subject and and B.T./B.Ed B.T/B.Ed from a from a recognized recognized university. university. OR OR Matric/10+2 Matric/10+2 with 5 years with 5 years degree/diploma degree/diploma in arts from a in arts from a recognized recognized university; and university; and (ii) knowledge (ii) Knowledge of Hindi upto of Hindi upto Matric Matric Standard Standard (iii) 3 years experience on the post of JBT and C&V Teacher.

6 10- *** *** *** 14 15. Art and (i) Matric from (i) Matric from Craft Haryana School Haryana School Teacher Education Education Board (Drawing Board or an or an equivalent Teacher) equivalent qualification qualification recognized by recognized by the Haryana the Haryana School School Education Education Board; Board; (ii) 2 years (ii) 2 years Diploma in Art Diploma in Art and Craft and Craft Examination Examination conducted by conducted by the Haryana the Haryana Industrial Industrial Training Training Department or Department or an equivalent an equivalent qualification qualification recognized by recognized by the Haryana the Haryana School School Education Education Board; Board; (iii) Knowledge (iii) Knowledge of Hindi upto of Hindi upto Matric Standard. Matric Standard. “

13. The similar qualifications exist for appointment to the other

categories of C&V Teachers and of promotion to the post of Masters.

14. The 1998 Rules were repealed when the 2012 Rules were notified

on 11th April 2012. The relevant extracts from such Rules are as under:

“2. In these Rules, unless the context otherwise requires,-

(a) *** *** ***

7

(e) “direct recruitment” means an appointment made otherwise than by promotion from within the Service or by transfer of an official already in the Service of the Government of India or any State Government.

*** *** ***

(h) “TGT” means Trained Graduate Teacher in the relevant subject appointed after notification of these rules and shall include masters appointed before notification of these rules;

(i) “PRT” means Primary Teacher appointed after notification of these rules and shall include junior basic (JBT) teachers appointed before notification of these rules.

*** *** ***

3. The Service shall comprise of the posts shown in Appendix A to these rules;

Provided that nothing in these rules shall affect the inherent right of Government to make additions to or reductions in, the number of such posts or to create new posts with different designations and scales of pay, either permanently or temporarily.

*** *** ***

7. No person shall be appointed to any post in the Service, unless he is in possession of qualifications and experience specified in column 3 of Appendix B to these rules in the case of direct recruitment on contract basis and those specified in Column 4 of the aforesaid Appendix in the case of persons appointed other than by direct recruitment on contractual basis:

Provided that in case of on contractual basis direct recruitment, if the required number of candidates of Scheduled Caste, Backward Class, other backward classes, Ex-Servicemen and physically Handicapped having not the required the experience are not available against the vacancies reserved for them, then relaxation in experience upto the limit of fifty percent may by order, for reason to be recorded in writing, given at the discretion of the recruiting agency.

* ** *** ***

9. (1) Recruitment in the Service shall be made:-

(a) In the case of Elementary School Head Master:-

(i) 85% by promotion from amongst TGTs;

and

(ii) 7% by promotion from Hindi teachers;

and

(iii) 7% by promotion from Sanskrit teacher; and

8

(iv) 1% by promotion from Punjabi teacher; or

(v) by transfer or deputation of an official already in service of any State Government, Government of India or from the Haryana State Education School Cadre (Group C) Service;

(b) to (k) *** *** ***

(l) In the case of TGT Art,--

(i) 67% by direct recruitment on contract basis; and

(ii) 33% by promotion from amongst Primary Teachers (PRTs)/Classical & Vernacular (C&V) Teachers; or

(iii) by transfer or deputation of an official already in service of any State Government, Government of India;

*** *** ***

(5) The present Classical & Vernacular (C&V) Cadre consisting of the posts of Sanskrit Teachers, Hindi Teachers, Punjabi Teachers, Physical Training Instructors (PTIs), Art & Craft Teachers (Drawing Teachers), Tailoring Teachers and Tabla Players and governed by the Haryana State Education School Cadre (Group C) Service Rules, 1998 shall be converted to TGT in relevant subject and no further recruitment shall be made to these categories when the present incumbent on the notification of these rules vacate the post on his promotion, retirement or any other purpose. (Emphasis Supplied)

*** *** ***

APPENDIX A (See Rule 3) S Designation Number of Posts Scale of Pay N of Posts Permanent Temporary Total Pay Grade Band Pay 1 Elementary 5207 5207 9300- 4800 School 34800 Head Master 2 TGT Social 5513 3307 8820 9300- 4600 Studies 34800 3 TGT 3014 1579 4593 9300- 4600 Science 34800 4 TGT 2566 2129 4695 9300- 4600 Mathematics 34800 5 TGT English 9300- 4600 34800

9 6 TGT Hindi 9300- 4600 34800 7 TGT 9300- 4600 Sanskrit 34800 8 TGT Punjabi 9300- 4600 34800 9 TGT Urdu 1 0 1 9300- 4600 34800 10 TGT 918 179 1097 9300- 4600 Physical 34800 Education 11 TGT Home 167 129 296 9300- 4600 Science 34800 12 TGT Art 0 1 1 9300- 4600 34800 13 TGT Music 58 33 91 9300- 4600 34800

APPENDIX B (See Rule 7) SN Designation of Academic Academic qualifications and Posts qualifications experience, if any, for and appointments other than by experience, if direct recruitment on any, for direct contract basis recruitment on contract basis

1. Elementary - By Promotion:-

School Head (i) B.A./B.Sc. and 2-year Master Diploma in Elementary Education; OR B.A./B.Sc. with at least 50% marks and 1-year Bachelor in Education (B.Ed.); OR B.A./B.Sc. with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard;

OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor in Elementary Education (B. El.

Ed.); OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year B.A. Ed.; OR B.A/B.Sc. with at least 50% marks and 1-year B.Ed. (Special

10 Education);

(ii) 5 year experience in regular capacity as Hindi/Sanskrit/Punjabi Teacher/TGT.

(iii) At least 3 weeks in-service training in administrative and accounts module.

2- *** *** *** 11 12. TGT Art (i) B.F.A/B.A By Promotion:- and 2-year (i) B.F.A/B.A and 2-year Diploma in Diploma in Elementary Elementary Education; OR Education; OR B.F.A/B.A with at least 50% B.F.A/B.A with marks and 1-year Bachelor in at least 50% Education (B.Ed.); OR marks and 1- B.F.A/B.A with at least 45% year Bachelor in marks and 1-year Bachelor in Education Education (B.Ed.), in (B.Ed.); OR accordance with the NCTE B.F.A/B.A with (Recognition Norms and at least 45% Procedure) Regulations issued marks and 1- from time to time in this regard; year Bachelor in OR Education Senior Secondary (or its (B.Ed.); in equivalent) with at least 50% accordance with marks and 4 year Bachelor in the NCTE Elementary Education (B. El. (Recognition Ed.); OR Norms and Senior Secondary (or its Procedure) equivalent) with at least 50% Regulations marks and 4 year B.A. Ed.; OR issued from time B.F.A/B.A with at least 50% to time in this marks and 1-year B.Ed.(Special regard; OR Education); Senior AND Secondary (or its equivalent) (ii) In case of B.A. Arts, at least with at least 50% marks in Fine Art as an 50% marks and Elective subject, 4 year Bachelor (iii) In case of B.Ed., Fine Art in Elementary as a teaching subject from a Education (B.El. recognized University; Ed.);OR (iv) 3 year experience as Senior Primary Teacher (PRT)/Classical Secondary(or its & Vernacular (C&V) Teacher. equivalent) with (v) Certificate of having at least 50% qualified Haryana Teacher marks and 4 Eligibility Test (HTET)/School year BA. Ed ; Teachers Eligibility Test OR (STET). B.F.A/B.A with at least 50%

11 marks and 1- year B.Ed. (Special Education); AND (ii) in case of B.A. Arts, at least 50% marks in Fine Art as an Elective subject, (iii) In case of B.Ed., Fine Art as a teaching subject from a recognized University; (iv) Certificate of having qualified Haryana Teacher Eligibility Test (HTET)/ School Teachers Eligibility Test (STET). (v) Matric with Hindi/Sanskrit or 10+2/B.A./M.A. with Hindi as one of the subject. ”

15. We find that the High Court has taken a simplistic view on the

bare reading of Rule 9 (5) of 2012 Rules to hold that with the

commencement of 2012 Rules, the C&V Teachers become part of TGT

Cadre and as part of the TGT Cadre, they become entitled for

promotion to the post of Elementary School Headmaster from the day

their juniors were promoted to such post.

16. The appointment of the writ petitioners as C&V Teacher is prior to

the commencement of 2012 Rules. The 1998 Rules contemplate direct

recruitment to the post of Master and to various other disciplines,

commonly called as C&V Teachers. In fact, the post of Master is a

12 promotion post for C&V Teachers in terms of Rule 9 of the 1998 Rules.

The qualification for the post of Art Master by way of direct recruitment

and promotion is Graduate or Matric/10+2 with 5 years

Degree/Diploma. However, for promotion the additional qualification is

3 years’ experience on the post of JBT and C&V Teachers.

17. The post of TGT is contemplated to be filled up by direct

recruitment and by promotion from amongst primary teachers/C&V

Teachers. Column 3 of the Appendix B of 2012 Rules prescribes the

academic qualifications and experience for direct recruitment on

contract basis whereas, Column 4 prescribes academic qualifications

and experience for appointment other than by direct recruitment on

contract basis. The qualifications for filling up the post of TGT by way

of promotion are B.F.A/B.A and 2-year Diploma in Elementary

Education; or B.F.A/B.A with at least 50% marks and 1-year Bachelor in

Education (B.Ed.); or B.F.A/B.A with at least 45% marks and 1-year

Bachelor in Education (B.Ed.); in accordance with the NCTE

(Recognition Norms and Procedure) Regulations issued from time to

time in this regard; or Senior Secondary (or its equivalent) with at least

50% marks and 4 year B.A. Ed. Etc. and 3 years’ experience as Primary

Teacher (PRT)/Classical & Vernacular (C&V) Teacher. Thus, the post of

TGT is a promotion post for C&V Teachers as well.

18. Therefore, the reading of the entire 2012 Rules shows that the

Masters appointed under 1998 Rules alone were holding equivalent

13 post to that of the members of the cadre of TGT. It is such category

alone who are entitled to be promoted to the post of Elementary

School Headmaster in terms of the qualifications prescribed in

Appendix B particularly in view of Rule 2(h) and Rule 7 of the 2012

Rules. TGT means a Trained Graduate Teacher in the relevant subject

appointed after notification of the 2012 Rules and include the Masters

appointed before the notification of these Rules. Therefore, the

Masters appointed in terms of 1998 Rules are only the Trained

Graduate Teachers in terms of 2012 Rules. The post of Master under

the 1998 Rules or the Post of TGT under the 2012 Rules is in fact

promotion post for the C&V Teachers.

19. The entire argument of the appellants is based upon the

expression used that C&V Teachers governed by 1998 Rules shall be

“converted to TGT in relevant subject”. The question is whether such

C&V Teachers stand upgraded to the post of TGT though, their

promotion channel under 1998 Rules was to the post of Master which

alone has been treated as TGT as defined in Rule 2(h) of the 2012

Rules and in view of express language of Rule 7 which mandates that

the appointment shall be made to the post of TGT only in accordance

with the qualifications prescribed in 2012 Rules.

20. The reading of the Rules would show that C&V Teachers are

treated to be TGT so as to avoid anomalous situation where the C&V

Teachers after the commencement of 2012 Rules would not be

governed by any set of Rules. Therefore, the expression that such C&V

14 Teachers stand converted to TGT is only to facilitate their service

conditions to be governed by the 2012 Rules rather than to upgrade

the C&V Teachers as members of TGT Cadre. The feeder and the

promotional cadre cannot be treated at par by virtue of the expression

used in Rule 9(5) of 2012 Rules that the C&V Teachers shall be

converted to TGT. Such conversion is only for a limited purpose of

2012 Rules being extended to them and that such C&V Teachers do not

become member of the “cadre” eligible for promotion as Elementary

School Headmaster. Rule 9(5) of 2012 Rules does not use the word

“cadre”. Therefore, such teachers cannot be treated to be part of TGT

cadre. Such interpretation is further supported by the fact that C&V

Teacher is a dying cadre and no further recruitment is to be made in

these categories.

21. Such C&V Teachers, if eligible, can seek appointment by way of a

direct recruitment or other than by direct recruitment in terms of the

academic qualifications and experience contained in Appendix B of

2012 Rules but they cannot be treated en masse as members of TGT

Cadre. The State may consider to provide opportunity to such teachers

for appointment as TGTs.

22. The TGTs are engaged to provide elementary education. The

purpose of the Rules is better served by ensuring education to the

students of primary schools in the State by Trained Graduate Teachers

rather than C&V Teachers who were being engaged earlier. It is

15 upgradation of qualification of teachers to be engaged for teaching the

students of the primary schools for appointment as TGTs. Therefore,

the interpretation which sub serves cause of education is to be

preferred as against the interpretation leading to anomalous result,

more so it is not warranted by the cumulative reading of the 2012

Rules.

23. In view of the above, we find that the order passed by the High

Court that C&V Teachers become member of the TGT Cadre after the

commencement of 2012 Rules in fact violates the cumulative reading

of the 2012 Rules and defeats the cause of the primary education in

the State guaranteed by Article 21A of the Constitution.

24. Consequently, the appeal is allowed and the order passed by the

High Court is set aside.

……………………...……………………………..J. (Dr. Dhananjaya Y. Chandrachud)

…………………..………………..……………….J. (Hemant Gupta)

New Delhi May 6, 2019

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