M.M. Kumar, J. - (1.) IN this petition filed under Article 226 of the Constitution, the short prayer made is that Note (ii) in Appendix 'B' of the Haryana Primary Education (Group -C) District Cadre Service Rules, 1994 (for brevity, 'the Rules') may be declared ultra vires of Articles Hand 16 of the Constitution because it permits the candidate with higher qualification such as B.A., B.Sc. and B.Ed., to be considered for appointment to the post of Junior Basic Trained Teachers. A consequential prayer has also been made for quashing advertisement dated 22.12.1994 (P -3), which stipulate in accordance with Note (ii) that if adequate number of candidates possessing the qualification of J.B.T. Teachers were not available then the posts could be filled CWP No. 1046 of 1995 (O & M) up from those who have qualification of B.A., B.Ed. or B.Sc., B.Ed. The aforesaid clause reads as under: - 2) x x x Note: - (i) x x x (ii) In case of non -availability of Junior Basic Trained Teachers the candidates having higher qualifications such as B.A. B.Ed., or B.Sc. B.Ed. or its equivalent may be considered for the posts of Junior Basic Trained teachers but on selection such persons shall have no right to claim the benefit of any higher pay scales or salary other than the pay scales of Junior Basic Trained Teachers as the Government may fix from time to time simply on the basis of higher qualification. In case any Basic Trained Teacher acquired higher qualification including B.A. B.Ed. or B.Sc. B.Ed. or its equivalent after selection or joining the service he or she shall not be allowed any higher pay scales or salary simply on the basis of acquisition of such qualification. The letter No. 5056 -F.R. -II/57/5600, dated 23rd July, 1957 issued by the Finance Department of composite State of Punjab shall have no effect whatsoever. Brief facts of the case are that the petitioners joined the course of Diploma in Education (Two -Year Course), which is popularly known as J.B.T. Course, in the Government run institutes. At the time of filing of the writ petition in the year 1995, the petitioners passed the Part -I examination of the said course and were pursuing their final year of J.B.T. course, which was to be completed by the end of May 1995.
(2.) THE petitioners have claimed that earlier the conditions of service of Junior Basic Trained Teachers in the Education Department, Haryana were governed by the rules known as 'the Punjab Education Service Class -Ill (School Cadre) Rules, 1955. Under the said rules, the prescribed qualification for the post of Junior Basic Trained Teachers was as under: (i) Matric (Full) with English as one of the subjects. (ii) Pass in two years J.B.T/Diploma in Education Training Course from the Haryana Education Department or equivalent qualification recognised by the Haryana Education Department. The petitioners have further claimed that by the end of 1994 Session of J.B.T. course, there were about 1200 J.B.T. trained candidates available whereas there were more than 3900 posts of Junior Basic Trained Teachers were lying vacant. The petitioners further anticipated that after completion of their course, approximately 1700 more J.B.T. trained candidates were to be available.
(3.) ON 16.9.1994, the State of Haryana under proviso to Article 309 of the Constitution framed 'the Rules'. Rule 7 of 'the Rules' prescribes that no person would be appointed to any post in Service unless he is in possession of qualifications and experience specified in column 3 of Appendix B of the Rules in the case of direct recruitment and those specified in column 4 of the said Appendix in the case of appointment other than by direct recruitment. The relevant entry of Appendix -B reads thus: APPENDIX -B JUDGEMENT_707_ILR(P&H)1_2012.htm Note - (i) Preference will be given to candidates who possess knowledge of Urdu up to Middle Standard for such posts of Junior Basic Trained Teachers who may be required to teach Urdu or in Urdu. (ii) In case of non -availability of Junior Basic Trained Teachers the candidates having higher qualifications such as B.A. or B.Sc. B.Ed., may be considered for the posts of Junior Basic Trained Teachers but on selection such persons shall have no right to claim the benefit of any higher pay scales or salary other than the pay scales of Junior Basic Trained Teachers as the Government may fix from time to time simply on the basis of higher qualifications. In case any basic Trained Teacher requires higher qualification including B.A. or B.Sc. B.Ed. after selection or joining the service, he or she shall not be allowed any higher pay scales or salary simply on the basis of acquisition of such qualifications. The letter No. 5056 -FR -II/57/5600, dated 23rd July, 1957, issued by the Finance Department of composite State of Punjab shall have no effect whatsoever. Note: Professional Training Diploma Certificate awarded by any State Board or University other than Haryana Education Department will be recognised only if these Diploma or Certificates have been recognised by the Haryana Government.;