MANOJ KUMAR PANDYA Vs. STATE OF M P

JUDGEMENT

(1.) IN the writ petitions the constitutional validity of explanation 5 Rule 9 (b) and Rule 9 (c) of M. P. Panchayat samvida Shala Shikshak (Employment and Condition of contract Rules), 2005 (hereinafter to be referred to as 'the rules') and corresponding pari materia Rules called M. P. Nagriya Nikay Samvida Shala Shikshak (Employment and Condition of Contract Rules), 2005 (hereinafter referred to as rules) has been assailed.

(2.) FACTS are being referred to from W. P. No. 10200/2006. The petitioners applied for appointment as contract teacher grade III pursuant to the advertisement published in Rojgar and Nirman dated 8. 5. 2006 having qualification of B. A. and b. Ed. The grievance of the petitioners is that rule 9 (c) of the rules provide 20 marks to be awarded to the candidates of : "samvida Shala Shikshak Grade I for B. Ed. /b. Ed. (Special Education)" samvida Shala Shikshak Grade II for B. Ed/b. Ed. (Special Education)/b. T. C. /d. Ed. /d. S. E. " samvida Shala Shikshak Grade III for D. Ed. /b. T. C. /d. S. E. 20 marks of experience of educational qualification are not to be awarded to the B. Ed. incumbent, when he submits an application for contract teacher Grade III to teach at primary level. It has also been submitted that under explanation 5 to sub rule (b) of rule 9 of the aforesaid rules, the teaching experience of Class 9 to 12, 6 to 10 and 1 to 8 shall be accepted for contract teacher grade I, grade II and grade III respectively. Maximum of 15 marks shall be awarded for teaching experience in any school. For experience of one year, two years and three years, 05, 10 and 15 marks shall be awarded respectively, as provided in rule 9 (b ). The teachers who have teaching experience of class 9 to 12, are not entitled for award of marks of experience for class 1 to 8. It is submitted that qualification of B. Ed. is superior qualification and ought to have been accepted for grant of 20 marks. Even for contract teacher grade iii, the qualification for which marks are to be awarded is d. Ed. /b. T. C. /d. S. E. , B. Ed. has been excluded, there is no rationale behind it. It is further submitted that petitioner has experience of teaching class 9 and 10 but he has not been awarded the experience marks on the basis of class 9 and 10 for the post of contract teacher grade III, supposed to teach at primary level, thus the action is violative of Article 14 of the constitution of India. The benefit is being given to the diploma holders, there is per-se discrimination, thus the aforesaid rules be struck down.

(3.) IN the return filed by the respondents it is submitted that the aforesaid rules have been framed with the objective to provide efficient teachers to impart education at primary and secondary level. The provisions are neither discriminatory nor arbitrary. Considering the qualification required for a particular post and the expertise, the aforesaid qualification has been prescribed. Contract teacher grade III is recruited to impart education at primary level, considering the skill required for primary level, the aforesaid criteria has been laid down. Reliance has also been placed on the directives issued by National Council of Teacher Education as per notification (R-2) issued on 3. 9. 2001.