M.M. Kumar, J. - (1.) The petitioners who have been working as Guest Faculty Teachers have approached this Court by filing the instant petition under Article 226 of the Constitution with a prayer for quashing notifications dated 30.8.2010 (P.5) and 17.9.2010 (P.6). The respondent has clarified by the impugned notifications that the Guest Teachers possessing the qualification of B.A./B.Ed were not to report for verification of documents and interview for appointment to the post of JBT teachers because they were not eligible. It is appropriate to mention that the Haryana Staff Selection Commission issued an advertisement No. 4 of 2009 on 13.8.2009 for filling up 9647 posts of JBT Teachers. The petitioners being B.A./B.Ed applied for the post. The qualifications prescribed for appointment to the post of JBT teachers is: (a) Graduate with English as one of the optional/elective subjects; (b) Diploma in Education Training Course (two years duration) (c) Certificate of having qualified School "Teacher's Eligibility Test (STET) (d) Hindi/Sanskrit upto matric level.
(2.) There are statutory rules governing the service conditions of JBT Teachers known as Haryana Primary Education (Group C) District Cadre Service Rules, 1994. According to the written statement the qualifications prior to 10.2.2010 for the post of JBT teachers were : (a) Graduate with English as one of the optional/elective subjects. However, the individuals who have already done JBT after 10+2 have been made eligible for a period of two years and they were required to pass graduation within a period of five years; (b) should have passed two years Junior Basic Training Course of Diploma-in Education Training course from Haryana Education Department or its equivalent as recognised by the Haryana Government with special training in child psychology and behavior of child upto the age of 12 years; and (c) knowledge of Hindi upto matric standard. It was further made clear in the rules that preference was to be given to candidates who possess knowledge of URDU upto Middle Standard for posts of Junior Basic Trained Teachers for Mewat area and if such candidates are selected they they were to serve only in Mewat area. The qualification of graduation with English has been amended to 10+2 vide notification dated 10.2.2010 and the requirement now is 10+2.
(3.) The respondents have placed reliance on Note (i) of the Regulation 6 of the National Council of Teachers Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001. According to the respondents Basic Teachers Training Course of two years duration is required for appointment of teachers for primary classes and that B.Ed is not a substitute for Basic Teachers Training. It is not disputed that petitioners do not possess the qualification of JBT or Diploma in Education. Accordingly they lack basic qualification for the post. It may be true that they posses qualification of B.A/B.Ed and M.A./M.Ed. The emphasis laid down by the respondents is that lack of study of training in child psychology and behavior of child upto the age of 12 years would make the petitioners ineligible because the aforesaid qualification is so essential that children cannot be placed in the hands of any person who is not aware how to tackle the children upto the age of 12 years.;