PALSHIKAR, J. - (1.) THIS bunch of writ petitions can be conveniently heard and disposed of together as they involve identical questions of fact and law. The cases decided by this judgment are mentioned in the Schedule attached to this order.
(2.) FACTS giving rise to these petitions stated briefly are that advertisement was issued by various Zila Parishads for recruitment to Grade III Teacher in the Zila Parishads. The advertisement was duly published in the local news paper. It stipulates the number of vacancies, the qualifications, the eligibility conditions etc. and it pertained to recruitment for the year 1998. The educational qualification required by the advertisement was Higher Secondary School Certificate or equiva-lent with subjects of Mathematics, English and Hindi and B. S. T. C. qualification. The advertisement published in vernacular reads thus:- Varnacular Text It will thus be seen that the offer of employment as published by various Zila Parishads stipulated Higher Secondary School Certificate and B. S. T. C. as the basic qualifications making eligible a candidate for consideration for public employment as contemplated by Art. 16 of the Constitution. It would be worthwhile to take note of the law pertaining to recruitment under various Zila Parishads of Panchayat Samities as it existed in the State of Rajasthan in the year 1998. The entire Panchayati Raj Institution including Zila Pari-shads and the Panchayat Samities are governed by the provisions of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994 ). Section 80 of this Act empowers the State Govt. to prescribe the scales of pay and allowances of employees of the Panchayat Institutions. Section 102 empowers the State Govt. to make rules in this behalf including the rule making for the purpose of determining the conditions of service and employment under the Panchayati Raj. The rules as per law are required to be laid before the House for its Legislature and if not approved or if not laid, shall cease to have the force of law. Accordingly, rules have been framed by the State for this purpose and Rule 266 of the Rules provides the academic qualification which a person must possess for recruitment on the post of Primary School Teacher. The rule as it initially stood stipulates that recruit must possess minimum qualification as under:- " Primary School Senior Secondary with Teacher (100% B. S. T. C. course ). " It is pertinent to note that the B. S. T. C. Course has not been defined anywhere in these rules. This rule was thereafter amended on 7. 5. 98 and sub-rule (3) was added to Rule 266 and the qualification of Senior Secondary was defined exhaustively. However, the B. S. T. C. Course was not explained. Thus, according to the latest rules operating in June, 1998 qualification required for Teachers in Panchayati Raj was only certificate of Senior Secondary with the subjects of Mathematics, English and Hindi and B. S. T. C. Course. It is undisputed in these cases that B. S. T. C. Course the basic qualification required for Primary Teachers and the Degree of Bachelor Education or Degree of Bachelor of Physical Education is a higher qualification than B. S. T. C. According to the law, therefore, a person for being eligible for considera-tion to a public employment as Primary Teacher must possess the Secondary School Certificate and the B. S. T. C. Course. The advertisement issued by various Zila Parishads in June, 1998 for the purpose of recruitment conformed with these requirements of law. It will also be necessary for proper adjudication of these petitions to note various enactments made by the Govt. of India in 1993 or thereabout. The Union of India enacted in the year 1993 the National Council for Teacher Education Act, 1993 (hereinafter referred to as `the Act of 1993') to consolidate the provisions in regard to recruitment of Teachers in various educational institutions and to provide for National Council for Teachers Education. The Act was made applicable to the State of Rajasthan w. e. f. 1. 7. 95. Regulations were framed under the Act of 1993 and were published in the Official Gazette of the Govt. of India on 24. 2. 96. These regulations fixed 15. 5. 97 as the last date for making applications for recognition by the institutions imparting institutions in the matter of obtaining a certificate as Teacher such as institutions giving Diploma or Degrees to Teachers like Barkatullah Khan Univer-sity, Bhopal, which confer Degree of Bachelor of Education; Mithila University at Bihar, which confer Degree of Bachelor of Education. The last date was then extended to 18. 8. 97 and the provisions of the Act of 1993 and the regulations framed thereunder to institutions in India duly ceased for grant of certificate or Diploma or Degree etc. to Teachers was 18. 8. 97.
(3.) SECTION 17 of the Act of 1993 provides for consequences in the event of not recognition or denial of recognition by the Council under the provisions of the Act of 1993. One of the consequences of such denial of recognition was failure to obtain recognition is that a person holding any qualification or certificate from such unrecognised institution will not be entitled to employment as a Teacher anywhere after the commencement of the Act of 1993. It is in light of this legal background and factual position that this bunch of petitions will have to be decided. Factually the petitioners can be categorised into four categories as under:- (i) Persons who have not been considered at all as they are holding their qualification from institutions, who have not obtained or have failed to obtain the recognition under the National Council for Teacher Education Act, 1993; (ii) Those persons who hold such qualifications and were considered for recruitment but were not selected on the ground that the qualifications held by them do not conform to the standard required by the National Council for Teachers Education Act, 1993; (iii) Persons considered and selected for appointment but not given appointment on the ground that the educational qualification acquired by them through institutions not recognised under the National Council for Teachers Education Act, 1993; and (iv) Persons who were given appointment on the basis of those qualifications but their certificates are now sought to be terminated because their qualifications are not in conformity with the provisions of the National Council for Teachers Education Act, 1993. It is not disputed that the qualifications claimed to be equivalent or higher to B. S. T. C. as required by the rules in Rajasthan and the only dispute is relating to the recognition of those qualifications as per the provisions of the Act of 1993. It is also not disputed that the educational qualifications have been acquired by these persons after having successfully admitted to the respective course for the academic session for the year 1995-96 and have acquired degree or diploma thereafter. The basic question which arises for consideration in the circumstances narrated above on application of the correct legal position is whether a person who has ac-quired the teaching qualification prior to 15. 5. 97, the last date by which application for recognition was to be made under Act of 1993 could be denied consideration for public employment on the ground that by subsequent action under the Act, the institution from which such qualification was acquired, have not been recognised or have failed to acquire recognition. Putting in other words and the non-recogni-tion under Sec. 17 of the Act of 1993 can have retrospective effect and operation. ;