STATE OF RAJASTHAN Vs. KULWANT KAUR

JUDGEMENT

(1.) THE State of Rajasthan enacted Rajasthan Panchayat Samiti and Zila Parishad Act, 1959 ('the Act', for short). THE respondent was appointed as a Grade -III teacher on 25.11.1983 by the Panchayat Samiti, Padampur. THE terms and conditions of her appointment were governed by Rajasthan Panchayat Samitis and Zila Parishad Service Rules, 1959 ('the Rules', for short). THE Schedule appended to the said rules lay down the conditions for appointment, including basic educational qualification, as also the eligibility criteria therefor which read as under: <FRM>JUDGEMENT_253_JT5_2006Html1.htm</FRM>

(2.) THE minimum qualification required for the post of primary school teacher was the matriculation and Basic Short Training Certificate (BSTC) course. THE services of the respondent were terminated in the year 1984 but she was reappointed on a temporary basis. THE Director, Primary and Secondary Education issued a circular directing termination of the services of temporary teachers who possessed only diploma in tailoring. THE services of the respondent pursuant to the said circular had also been terminated, relying on the said circular by the appellant herein, by an order dated 11.5.1987. She filed a writ petition before the Rajasthan High Court wherein an order of stay was passed. She was allowed to continue in service in view of the said order of stay. THE question as to whether, having regard to the fact that the authorities of the State Government themselves had not been sending the assistant teachers for training, some directions were issued by the High Court to the effect that the services of such teachers should not be terminated, but, they should be sent for obtaining the requisite training.

(3.) IN view of the said decision of this Court, the services of all the teachers who did not possess the requisite qualification were directed to be terminated by an order dated 7.4.1994. It is not clear as to whether any order to that effect was served on the respondent. Only on 31.5.1995 an order of termination was served on her. She again filed a writ petition, which was marked as W.P. No.2973/94 before the High Court challenging the said order of termination. An interim order of stay was passed therein. Pursuant to or in furtherance of the said interim order of stay, she continued in service.