M.R. Calla, J. - (1.) These three Writ Petitions raise a common question of law as to whether the qualification of Vocational Trade Certificate (VTC) is sufficient for the purpose of appointment as Teacher Gr.III in the schools under Panchayat Samities in Rajasthan or not ?
(2.) Petitioner Narain Lal Jat had applied for recruitment as Teacher Gr.III in response to the advertisement No. 59/83. The recruitment was held by the Rajasthan Panchayat Subordinate Service Commission, Jaipur and on the basis of this recruitment the appointments were to be given in the Panchayat Samities. Before the recruitment could be held in pursuance of the aforesaid invited applications, the petitioner was appointed vide order dated 1st March, 1983, as a Teacher Grill in the pay scale of 490-840, by the Vikash Adhikari, Panchayat Samiti, Sambhar Lake. The petitioner was allowed to continue in service upto 18th May, 1985, but he was not allowed to join duty on 1st July, 1985. Hence, the petitioner filed this writ petition on 11th July, 1985. Petitioner's case is that he holds the National Trade Certificate issued by the National Council for Training in Vocational Trades, Ministry of Labour, Government of India and he passed the aforesaid certificate course on the basis of training and examination in cutting and tailoring held in April, 1982 and was, therefore, eligible to be appointed as a Teacher Gr. III. He has also stated that he was informed by a communication dated 9th January, 1985 (Annx. 1) that his application which he has filed for regular recruitment in response to the advertisement No. 59/1983 was rejected on the ground of his being untrained and, thus, the qualification of National Trade Certificate held by the petitioner was found to be insufficient and, he was wrongly held to be ineligible for continuing on the post of Teacher Grill as well as for regular recruitment in response to the advertisement 59/1983. The petitioner is aggrieved against his discontinuance as well as rejection of his application for regular recruitment.
(3.) Braham Prakash, petitioner in S.B. Civil Writ Petition No. 1446/1985 had also applied in response to the advertisement 59/1983 for the post of Teacher Grill, and his application was also rejected by the Commission on 7th January, 1985, vide Annexure/1 submitted with the Writ Petition. The petitioner has also stated that before the regular recruitment could take place, he was appointed as Teacher Gr. III vide order dated 1st March, 1984 by the Vikash Adhikari, Panchayat Samiti, Sambhar Lake on urgent temporary basis. This appointment came to an end on 16th April, 1984 with the end of the session and in the next session of 1984-85, the petitioner was again appointed as Teacher Grill vide order dated 6th July, 1985. The petitioner remained in service upto 18th May, 1985 and, thereafter he was not allowed to continue in service, although, no formal order with regard to his termination was passed. The petitioner submits that he had also passed the National Certificate Course in cutting and tailoring on the basis of the training and examination held in July, 1982 by the National Council for Training in Vocational Trades, Ministry of Labour, Government of India, while being a student of Gandhi Prashikshan Sansthan, Kishangarh Renewal and, accordingly, he was also eligible for regular recruitment and should not have been discontinued in July 1985.;