SANYOGITA THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) In this petition, the petitioners who are candidates for appointment to the post of Samvida Shala Shikshak Grade-III and hold B.Ed. degrees inter alia seek a direction to the respondents to permit them to participate in the counselling for the post of Samvida Shala Shikshak Grade-III and to appoint them on the said post. The facts, necessary for adjudication of the controversy involved in the instant petition are that the petitioners qualified the Teacher Eligibility Test held for Samvida Shala Shikhak Grade-III. The petitioners have obtained Bachelor degree in Education. However, when the petitioners appeared in the counselling they were informed by the authorities that they do not have requisite qualification as prescribed under the M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 (in short 'the Rules'). In the aforesaid factual background, the petitioners have approached this Court.

(2.) Learned counsel for the petitioners while inviting the attention of this Court to Schedule-II of the Rules have submitted that initially the qualification prescribed in the Rules for appointment on the post of Samvida Shala Shikshak Grade-III was Higher Secondary Examination or its equivalent. In pursuance of the advertisement issued by the respondents, the petitioners appeared in the Teacher Eligibility Test conducted by the respondents. The petitioners were declared successful in the aforesaid examination. However, subsequently, the Rules were amended w.e.f. 27-6-2011 and the qualification prescribed for the post of Samvida Shala Shikshak Grade-Ill has been altered due to which the petitioners have become ineligible for appointment on the post of Samvida Shala Shikshak Grade-Ill. It is further submitted that initially in the 2005 Rules, there was no condition with regard to passing of D.Ed, examination. It is also urged that once the process of selection has started, the eligibility criteria cannot be altered to disadvantage of the petitioner. It is further contended that the amendment made in the Rules which came into force on 27-6-2011 does not apply to the cases of the petitioners. It is also submitted that the petitioners cannot be held to be disqualified on the ground that they are overqualified and the petitioners who hold the B.Ed. degree are being subjected to discrimination. In support of their submissions, learned counsel for the petitioners have placed reliance on the decision in Madan Mohan Sharma vs. State of Rajasthan and others, 2008 AIR(SCW) 1850

(3.) On the other hand, learned Additional Advocate General submitted that there are two separate sets of Rules framed for rural areas as well as urban areas, namely, Madhya Pradesh Nagreeya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005. The aforesaid Rules came into force with effect from 6-5-2005. The Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the 2009 Act') which came into force w.e.f. 26-8-2009. It is further submitted that in exercise of power under section 23(1) of the 2009 Act, the National Council for Teacher Education by Notification dated 23-8-2010 prescribed the qualification for the post of teachers. Accordingly, the corresponding amendment in the Rules was made by the State Government with effect from 25-6-2011. It is pointed out that the amendment in the Rules was incorporated prior to issuance of the advertisement and the advertisement was issued in accordance with the amended Rules.