JOGENDER SHARMA Vs. DELHI ADMINISTRATION

JUDGEMENT

(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 and percentage of the vacancies to be filled by various methods

(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 Comrnittee 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 16.3.2004, 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.