- (1.)Writ Petition No. 17194 of 2013
1. Heard counsel for the parties.

(2.)The challenge in these petitions is to insertion of serial number 3 in Schedule-II of the Madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005. The amendment is made in exercise of power conferred by sub section (1) of Section 95 read with sub-section (2) of Section 70 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. The same reads, thus:
"3. In Schedule II .

(i) In serial number 1, in column (5) for the existing entry, the following entry shall be substituted, namely :-

"Masters Degree in the relevant subject with Bachelor of Education (B.Ed) or its equivalent;

(ii) In serial number 2, in column (5) for the existing entry, the following entries shall be substituted, namely :-

Bachelor Degree in the relevant subject and 2 years Diploma in Elementary Education or its equivalent.

OR

Bachelor Degree in the relevant subject with at least 50% marks and Bachelor in Education (B.Ed)

OR

Bachelor Degree in the relevant subject with at least 45% marks and Bachelor in Education (B.Ed) in accordance with the NCTE (Recognition Norms and Procedure) Regulations, 2002.

OR

Higher Secondary Certificate Examination with at least 50% marks and Bachelor in Elementary Education (B.El.Ed.).

OR

Higher Secondary Certificate Examination with at least 50% marks and 4 years Bachelor Degree in the relevant subject (B.A. B.Ed./B.Sc. Ed.)

OR

Bachelor Degree in the relevant subject with at least 50% marks and Bachelor in Education (Special Education)";

(iii) In serial number 3 , ---

(a) in column (5) for the existing entry, the following entries shall be substituted namely ---

"Higher Secondary Certificate Examination with at least 50% marks (or its equivalent) and 2 years Diploma in Elementary Education.

OR

Higher Secondary Certificate Examination with at least 45% marks (or its equivalent) and 2 years Diploma in Elementary Education in accordance with the NCTE (Recognition Norms and Procedure)Regulations, 2002.

OR

Higher Secondary Certificate Examination with at least 50% marks (or its equivalent) and 4 years Bachelor in Elementary Education (B.El. Ed.)

OR

Higher Secondary Certificate Examination with at least 50% marks (or its equivalent) and 2 years Diploma in Education (Special Education).";

(b) In column (7), after item 3, the following item shall be added namely :-

"4. The minimum qualification for Samvida Shala Shikshak Grade-3 (Laboratory) shall be Higher Secondary Certificate Examination with at least 50% marks with Science subjects or equivalent";

(iv) Under the heading "Note (a) Qualification",-

(a) Clause (1) shall be omitted;

(b) for clause (4), the following clause shall be substituted namely :-

"(4) The Honorary Teachers appointed for Government schools and part time teacher of Vocational Education shall be given fifteen years relaxation in maximum age limit of 35 years : Provided that part time teacher of Vocational Education whose contract was terminated due to his work being found unsatisfactory will not be entitled for the relaxation."; (c) After clause (8) the following clauses shall be added namely :-

"(9) Widow and Divorcee candidate shall have five years relaxation in maximum age limit in addition to other relaxation.

(10) The State Government shall appoint the persons as Samvida Shala Shikshak possessing minimum qualification as laid down in column (5) of Scheduled II. If trained persons are not available in sufficient number the State Government may appoint untrained persons on the post of Samvida Shala Shikshak as per provision of the rules after due notification of the Central Government under section 23 (2) of the Right of Children to Free and Compulsory Education Act, 2009 (No.35 of 2009).

(11) The candidates who have worked as Guest Teacher in Government School for minimum three educational session, shall be entitled to five years relaxation in maximum age limit;";

(v) under the heading "Note (b) Disqualification", clause (7) shall be omitted.

4. Schedule IV shall be omitted."

(3.)Admittedly, the petitioner possesses one year B.Ed. Degree. He is aspiring to be appointed as Contract Teacher Grade-III, which is, essentially, for primary school and for classes between I to VIII. The qualification prescribed by the amendment of 2011 does not qualify B.Ed. Degree- holder to be appointed on the post of Samvida Shala Shikshak Grade-III for primary school.