KESHAR LAL KUMAWAT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1994-6-5
HIGH COURT OF RAJASTHAN
Decided on June 01,1994

Keshar Lal Kumawat Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

V.K.SINGHAL,J. - (1.) THIS judgment shall disposed of the writ petitions enumerated in the Schedule 'A'. Since the questions involved are common, all these writ petitions are decided by this Single Order.
(2.) THE dispute relates to the termination of services of the Teacher Grade -III, who have obtained the training certificate from Rajkiya Udyog Prashikshalaya Parasuramdwara, Jaipur (in short Parasuramdwara) and, Vidyabhawan Kala Sansthan Udaipur (in short Vidyabhawan). Few of the teachers have obtained the B.Ed, qualification with permission or without permission of the employer. A circular was issued by the Director -Cum -Special Secretary, Gramin Vikas and Panchayatiraj Vibhag on 7.4.94, in which directions were given that the teachers having National Trade Certificate (N.T.C.) are not capable of teaching in the schools which are run by the Panchayat Samitis, and, therefore the services of such teachers who have been appointed after 6.01.1985 shall be terminated. The copy of the circular is as under: .........[vernacular ommited text]........... At the time of admission of the writ petitions the learned Counsel for the respondent was directed to apprise the Court on the following points: (1) It has been submitted by the learned Counsel for the petitioner that the petitioners are permanent employees and the procedure for termination of services in accordance with the rules has not been followed. The learned Counsel for the respondent shall inform the correct factual position on this point. (2) The learned Counsel for the respondent shall also inform the Syllabus of N.T.C./STC/Craft Teacher, to show that there is a difference between the subjects of STC and Craft TEacher than BSTC. (3) The learned Counsel for the respondent shall also submit as to how the STC Course/Craft Teacher Course is equivalent to NTC, on which the Judgment of the Apex Court and the Full Bench decision of this Court, is based. (4) The learned Counsel for the respondent shall also take appropriate instructions and would call the Deputy Secretary and the Director, as to in what manner the relaxation or other benefits to the present employees can be given, even if they are not eligible for appointment as a IIIrd Grade Teacher. 4. A circular was issued on 24.11.1982 by the Special Officer (Education) Government of Rajasthan addressed to the Director Primary and Secondary Education, to the effect that the Education Department has started special courses for teaching minority language, Sanskrit, 'Udyog (Craft) and pre -primary education from the session of 1982 -83. The copy of the circular is as under: .........[vernacular ommited text]...........
(3.) The teachers who have complete two years service were confirmed and their services were regularised by the Zila Parishad in accordance with Rule -27 -A of the Rajasthan Zila Parishad and Panchyat Samiti Service Rules, 1969.;


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