SUBE SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner has passed his Secondary education from the Board of Secondary Education, Rajasthan, Ajmer, in the year 1972. In the certificate issued by the Board his date of birth has been recorded as 24th April, 1953. The petitioner passed his Certificate Course in Physical Education from the Directorate of Sports and Youth Services, Government of Maharashtra, Pune, during the academic session 1979-80. This certificate has been recognised by the Government in the year 1974, for the purpose of appointment as Physical Training Instructor Gr. III. For the year 1981-82, the Distt. Education Officer (Boys Institutions) Alwar, prepared a list of eligible persons for appointment as Physical Training Instructor Gr. III. The petitioner's name was placed at serial No. 143 in the said list. By a letter dated 9.5.83, of the District Education Officer (Boys Institutions), Alwar, petitioner was asked to submit his testimonials before 17.5.83. The petitioner deposited his testimonials in the office of the District Education Officer. These testimonials were returned to the petitioner and he was asked to get a certificate of Physical Education verified from the Directorate of Sports and Youth Services, Pune. The petitioner got a verification done from the said Directorate on 28.9.83. Thereafter, the petitioner was asked to appear for interview at Alwar on 25.9.86. The petitioner appeared in the interview and his testimonials were again checked by the office of the District Education Officer. In the meanwhile, the petitioner has been appointed as Physical Training Instructor Gr.III by an order dated 25.11.83, of the District Education Officer (Boys Institutions) Nagaur. However, before the petitioner could join, the order of his appointment was withdrawn on 5.12.83 on the ground of his having crossed the maximum age prescribed for appointment. By Government Circular dated 8.11.88, the Upper Primary Schools situated in rural areas were transferred under the control of the concerned Zila Parishad on 14.11.88. In the Circular dated 20.9.90, issued by the Director and Special Secretary, Gramin Vikas and Panchayat Raj Department, Rajasthan, Jaipur, it was made clear that the Teachers Gr. III, shall henceforth be appointed by the District Establishment Committee of the concerned Zila Parishad. On the basis of this Circulars, Zila Parishad, Alwar issued advertisement No. 2/89, dated 7.10.89 where by 107 posts of Teacher Gr.III and Physical Training Instructors were advertised. However, the selections could not be made. Another advertisement No. 3/90 was issued for recruitment on the post of teacher Gr. II including the Physical Training Instructor Gr.III. While this process was still on, another Government Circular dated 12.4.91 has been issued by the Government by which Upper Primary Schools have been retransferred under the control of the Education Department, Government of Rajasthan.

(2.) Regarding the list prepared for the year 1981-82, the petitioner has stated that the Education Department of the Government of Rajasthan has, vide its Circular dated 2.5.85 directed that those candidates whose names have been included in the merit list of Gr.III teachers upto 31.12.83 and who were within the age limit on the date of submission of the application, shall be treated as within age limit, even if they have crossed the age limit on the date of actual appointment. Reference has also beenmade to rule-10 of the Rajasthan Education Subordinate Service Rules, 1971 in this circular. By another circular dated 17.10.84 of the Government in Education Department, it has been declared that all the merit lists prepared by the District Education Officer upto 31.12.83 shall be treated as valid and the persons whose names have been included in those lists shall be given preference for appointment as Teacher Gr.III.

(3.) On the basis of these Circulars the petitioner has stated that he has a right to be appointed as Physical Training Instructor Gr.III. The petitioner submitted an application dated 24.7.90 to the District Education Officer (Boys Institutions), Alwar for giving his appointment. When nothing happened, he sent another application dated 12.4.91. On 15.4.91, the District Education Officer (Boys Institutions), Alwar has written letter to the Director, Primary and Secondary Education that the petitioner could not submit his C.P.Ed. Certificate or verification within the prescribed time and, therefore, the certificate of the petitioner could not be sent to the Directorate for verification. On that count, the petitioner could not be given appointment. The District Education Officer, recommended the case of the petitioner for sympathetic and favourable consideration. The petitioner has stated that the statement contained in letter dated 15.4.91 regarding failure of the petitioner to submit the certificates for verification by the Director, Primary and Secondary Education, Rajasthan, Bikaner, is not correct, because, he was never called upon to submit these certificates for verification in the Directorate of Primary and Secondary Education. He has stated that previously when he was called upon by the District Education Officer to get his certificates verified, he had complied with those instructions and only after verification of the certificates he had been given appointment by order dated, 23.11.83, of the District Education Officer (Boys Institutions), Nagaur. The petitioner has alleged that one Shri Lal Singh Yadav, who too passed training course from the same institution from where the petitioner has passed the course, was appointed as P.T.I. Gr.III by order dated 21.3.91 of Zila Parishad, Alwar. His name appears at serial no. 145 in the merit list, prepared for the year 1981-82 by the District Education Officer (Boys Institutions), Alwar, and even though, the petitioner was at a higher merit position (SI. No. 143), he has been denied appointment as Physical Training Instructor Gr.III. It has been stated in Para-15 of the petition that the posts of Physical Training Instructors are lying vacant in different schools under the District Education Officer (Boys Institutions), Alwar. He has also placed on record letters of the Heads of various institutions (Annex. 12 to 15) in support of his assertion that such posts are lying vacant.