KAILASH PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the petitions arise out of a common background. The petitioners have challenged validity of the portion of the Rajasthan Educational Service Rules, 1970 insofar as the minimum educational qualification prescribed for the post of lecturer (agriculture) is post graduation in agriculture with B.Ed. The case of the petitioner is that in the State of Rajasthan such candidates are not available in sufficient numbers and as a result large number of posts remain vacant since long. Counsel for the petitioner pointed out that though NCTE has also prescribed the same eligibility criteria, regulations also contain power for relaxation. Our attention was drawn to regulation 5 of the National Council of Teacher Education (Determination of Minimum Qualifications for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges), 2014.

(2.) On the other hand the case of the Government is that State Government has to frame the rules and regulations in consonance with NCTE standards prescribed under the regulations and such standards cannot be diluted. The allegation that sufficient number of candidates are not available was denied.

(3.) Having heard learned advocates for the parties and having perused the documents on record what emerges is that statutory rules framed by the State Government prescribe minimum educational qualifications for holding the post in question are in consonance with the NCTE regulations. As is well settled through series of judgments of Supreme Court, it is not open for the State legislature to dilute the norms set by the NCTE which is put on the pedestal of a central legislation. In view of the undisputed position that NCTE regulations also prescribe the same educational qualifications, the State rules per se are not ultra vires. Regulation 5 of the NCTE regulations envisage relaxation of any of the provisions of the regulations of the NCTE providing such relaxation for limited period subject to the conditions which may be imposed. This is thus an enabling power. It does not create any vested right in the petitioners who do not hold the educational qualifications (they are stated to be B.Sc agriculture) to insist that State Government must apply to the NCTE and NCTE must grant such relaxation. It depends on the fact situation, the Government policy and eventually the consideration of the relevant factors by the NCTE if any such request from the Government is received.