MOINUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the writ petitions mentioned at Schedule -I are disposed of by this common order because the point involved is the same in nature.

(2.) THE petitioners were appointed as general teachers. Two years Teachers Training Diploma of Vidhya Bhawan Kala Sansthan Udaipur was obtained by them. The aforesaid diploma was recognised by the Government of Rajasthan as equivalent to B.S.T.C. vide G.A.D. (Gr. III) Dept. No. 9(63) Sa/Fra/Sa/71 dated 8.2.1973. Similarly, two years' Diploma of Teachers Training of the Govt. Teachers Training School Parsuramdwara was recognised by the Government equivalent to B.S.T.C. vide circular Gramin Vikash and Panchayat Department dated 10.9.1987. It is on the basis of these certificates obtained that the appointment to the teachers were given as general teacher in Panchayat Samiti. The appointment was made on probation. An order dated 30th October, 1992 was issued withdrawing the recognition of the teachers training diploma and the diploma holders who were employed as teachers temporarily, their services were sought to be terminated. In pursuance of the order of the Govt. the Zila Parishad also issued an order dt. 12.11.1992 directing all the Vikas Adhikaries of Panchayat Samitis to terminate the services of such diploma holders. The grievance of the petitioner is that the withdrawal of the recognition by the Special Secretary Cum Director Gramin Vikas and Panchayati Raj Department is without jurisdiction as in accordance with the rules of business of the Sate under Article 166 of the Constitution of India, the Special Secretary to the Government and Director Gramin Vikas and Panchayat Raj Deptt. has no such jurisdiction to withdraw the government order which was issued by the GAD. It is also submitted that the eligibility has to be examined as at the time of initial appointment and if there is any change of policy then it will not effect the right of those persons who have already obtained the diploma certificate and have been given the appointment. The retrospective withdrawal of the recognition has been alleged to be violative of the fundamental rights of the petitioners. It has also been submitted that the posts are still existing and, therefore, there would be no justification in terminating the services of the petitioner.

(3.) THE letter dated 10th August, 1987 issued by the Deputy Director Primary Education Rajasthan mentions that the teachers who have obtained the diploma certificate from Govt. Industrial Training Institute Parsuramdwara Jaipur and Vidhya Bhawan Kala Sansthan Udaipur will be considered equivalent to B.S.T.C. for giving the appointment as general teacher. The appointment of the petitioner was given for a period of two years on probation. A circular was issued by the Director and Special Secretary Gramin Vikas and Panchayat Raj Department in which the recognition which was given on 6.4.1984 was completely withdrawn on the ground that in the primary schools the education has to be given for Hindi, Maths and general science and general knowledge whereas in respect of Art, Music, Physical education and craft no subjects are being taught. The circular dated 28.1.1985 of Jharparkar Training College Bombay was also withdrawn. The circular dt. 7.1.1985 by which the ITI certificates were considered not entitling for appointment as a teacher and circular dated 6.12.1985 by which the National Trade Certificates holders teachers' services were directed to be terminated was held effective. The Circular dated 10.8.1987 in which the recognition was given to the government Industrial Training Institute Parsuramdwara Jaipur and Vidhya Bhawan Kala Sansthan Udaipur which was considered equivalent to B.S.T.C. has been withdrawn and such teachers are not competent to teach the general subjects. It was further clarified that any circular or order issued by which the holders AIC/STC or From Vidhya Bhawan Kala Sansthan Udaipur/Govt. Industrial Training Institute Parasramdwara Jaipur having the certificates and the certificates issued by any other institution by which the craft, music, physical training, Arts training were recognised for the appointment as teacher in Panchayat Samiti equivalent to B.S.T.C. are not eligible for appointment as teacher. The services of those teachers who are temporary have to be terminated after giving them notice.