Supreme Court of India
STATE OF HARYANA AND ANOTHERversusSANDEEP SINGH AND OTHERS
- Citation
- 2019 INSC 628
- Decided
- 6 May 2019
- Disposal
- Appeal(s) allowed
- Bench
- D Y CHANDRACHUD
Holding
Conversion of C&V teachers to TGT under Rule 9(5) does not make them members of the TGT cadre; only Masters (treated as TGT) are eligible for promotion to Elementary School Headmaster.
Summary
The petitioners, Classical & Vernacular (C&V) teachers appointed under the 1998 Haryana service rules, were deemed converted to Trained Graduate Teachers (TGT) under Rule 9(5) of the 2012 Rules and claimed promotion to the post of Elementary School Headmaster. The High Court held that the conversion made them members of the TGT cadre, entitling them to promotion under the 85% TGT quota. The State appealed, arguing that the conversion was only to bring the C&V teachers within the ambit of the 2012 Rules and did not upgrade them to the TGT cadre. The Supreme Court examined the language of Rule 9(5) together with Rule 2(h), Rule 7 and Appendix B of the 2012 Rules and concluded that only Masters (who are treated as TGT) are eligible for promotion to Headmaster, not the C&V teachers. Consequently, the Court held that the High Court’s interpretation was erroneous, set aside its order and allowed the appeal. The decision upholds a restrictive reading of the service rules, emphasizing the purpose of the 2012 Rules to ensure primary education is delivered by qualified TGTs.
Issues considered
- Whether C&V teachers converted to TGT under Rule 9(5) of the Haryana School Education (Group C) State Cadre Service Rules, 2012 become members of the TGT cadre for purposes of promotion to Elementary School Headmaster.
- Whether the expression ‘converted to TGT’ in Rule 9(5) upgrades the cadre status of C&V teachers or merely subjects them to the procedural regime of the 2012 Rules.
- Interpretation of Rule 2(h), Rule 7 and Appendix B of the 2012 Rules in relation to eligibility for promotion.
- Whether denial of promotion to the petitioners violates Article 21A of the Constitution.
Legislation cited
- Constitution of Indias. Article 21A
- Haryana School Education (Group C) State Cadre Service Rules, 2012s. Appendix B, s. Rule 11, s. Rule 2(h), s. Rule 7, s. Rule 9(5)
- Haryana State Education School Cadre (Group C) Service Rules, 1998s. Rule 9, s. Rule 9(1)
Subjects
PromotionService RulesCadre InterpretationTrained Graduate TeacherElementary School HeadmasterHaryanaArticle 21AC&V TeachersService Law
Judgment
[2019] 7 S.C.R. 181 181
STATE OF HARYANA AND ANOTHER A
v.
SANDEEP SINGH AND OTHERS
(Civil Appeal No. 4546 of 2019)
B
MAY 6, 2019
[DR. DHANANJAYA Y. CHANDRACHUD AND
HEMANT GUPTA, JJ.]
Service Law: C
Promotion – To the post of Elementary School Headmaster –
Sought by Classical and Vernacular (C&V) Cadre Teachers
appointed under 1998 Rules whose post had been converted to
Trained Graduate Teacher (TGT) under r. 9(5) of 2012 Rules –
Single Judge as well as Division Bench of High Court held that D
once C&V Teachers have been considered as member of TGT Cadre,
they cannot be denied consideration for promotion to the post of
Elementary School Headmaster – Appeal to Supreme Court – Held:
The post of TGT under 2012 Rules was equivalent to the post of
‘Master’ under 1998 Rules – The post of ‘Master’ was promotional
post to the C&V Teachers appointed under 1998 Rules – The E
conversion of C&V Teachers to TGT was so as to avoid anomalous
situation and not for upgrading them as members of TGT Cadre –
The feeder and promotional cadre cannot be treated at par by virtue
of the expression used in r. 9(5) of 2012 Rules – The purpose of the
2012 Rules is better served by ensuring education to the students
F
by TGT rather than C&V Teachers – The interpretation which
subserves the cause of education is to be preferred – The order of
High Court violates the cumulative reading of the 2012 Rules and
defeats the cause of the primary education the State guaranteed by
Art. 21A of the Constitution – Haryana School Education (Group
C) State Cadre Service Rules, 2012 – r. 9(5) – Haryana State G
Education School Cadre (Group C) Service Rules, 1998 – r. 9 –
Constitution of India – Art. 21A.
H
181
182 SUPREME COURT REPORTS [2019] 7 S.C.R.
A Allowing the appeal, the Court
HELD : 1. The High Court has taken a simplistic view on
the bare reading of Rule 9 (5) of Haryana School education (Group
C) State Cadre Service Rules, 2012 to hold that with the
commencement of 2012 Rules, the C&V Teachers become part
B of TGT Cadre and as part of the TGT Cadre, they become entitled
for promotion to the post of Elementary School Headmaster from
the day their juniors were promoted to such post. [Para 15]
[194-A-B]
2. The appointment of the writ petitioners as C&V Teacher
C is prior to the commencement of 2012 Rules. The 1998 Rules
contemplate direct recruitment to the post of Master and to
various other disciplines, commonly called as C&V Teachers. In
fact, the post of Master is a promotion post for C&V Teachers in
terms of Rule 9 of the 1998 Rules. The qualification for the post
of Art Master by way of direct recruitment and promotion is
D Graduate or Matric/10+2 with 5 years Degree/Diploma. However,
for promotion the additional qualification is 3 years’ experience
on the post of JBT and C&V Teachers. [Para 16] [194-D-F]
3. The reading of the entire 2012 Rules shows that the
Masters appointed under 1998 Rules alone were holding
E equivalent post to that of the members of the cadre of TGT. It is
such category alone who are entitled to be promoted to the post
of Elementary School Headmaster in terms of the qualifications
prescribed in Appendix B particularly in view of Rule 2(h) and
Rule 7 of the 2012 Rules. TGT means a Trained Graduate Teacher
F in the relevant subject appointed after notification of the 2012
Rules and include the Masters appointed before the notification
of these Rules. Therefore, the Masters appointed in terms of
1998 Rules are only the Trained Graduate Teachers in terms of
2012 Rules. The post of Master under the 1998 Rules or the
Post of TGT under the 2012 Rules is in fact promotion post for
G the C&V Teachers. [Para 18] [195-B-D]
4. The reading of the 2012 Rules would show that C&V
Teachers are treated to be TGT so as to avoid anomalous situation
where the C&V Teachers after the commencement of 2012 Rules
would not be governed by any set of Rules. Therefore, the
H expression that such C&V Teachers stand converted to TGT is
STATE OF HARYANA AND ANOTHER v. SANDEEP SINGH 183
AND OTHERS
only to facilitate their service conditions to be governed by the A
2012 Rules rather than to upgrade the C&V Teachers as
members of TGT Cadre. The feeder and the promotional cadre
cannot be treated at par by virtue of the expression used in Rule
9(5) of 2012 Rules that the C&V Teachers shall be converted to
TGT. Such conversion is only for a limited purpose of 2012 Rules
B
being extended to them and that such C&V Teachers do not
become member of the “cadre” eligible for promotion as
Elementary School Headmaster. Rule 9(5) of 2012 Rules does
not use the word “cadre”. Therefore, such teachers cannot be
treated to be part of TGT cadre. Such interpretation is further
supported by the fact that C&V Teacher is a dying cadre and no C
further recruitment is to be made in these categories. [Para 20]
[195-F-H; 196-A-B]
5. The TGTs are engaged to provide elementary education.
The purpose of the Rules is better served by ensuring education
to the students of primary schools in the State by Trained Graduate D
Teachers rather than C&V Teachers who were being engaged
earlier. It is upgradation of qualification of teachers to be engaged
for teaching the students of the primary schools for appointment
as TGTs. Therefore, the interpretation which sub serves cause
of education is to be preferred as against the interpretation
E
leading to anomalous result, more so it is not warranted by the
cumulative reading of the 2012 Rules. [Para 22] [196-D-E]
6. Therefore, the order passed by the High Court that C&V
Teachers become member of the TGT Cadre after the
commencement of 2012 Rules in fact violates the cumulative
F
reading of the 2012 Rules and defeats the cause of the primary
education in the State guaranteed by Article 21A of the
Constitution. [Para 23] [196-E-F]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4546
of 2019.
G
From the Judgment and Order dated 03.12.2014 of the High Court
of Punjab and Haryana at Chandigarh in LPA No. 1992 of 2014 (O&M).
Arun Bhardwaj, AAG, Rameshwar Singh Malik, Sr. Adv., Ashish
Pandey, Vishwa Pal Singh, Harikesh Singh, Ms. Beena, Satish Kumar,
Advs. for the appearing parties. H
184 SUPREME COURT REPORTS [2019] 7 S.C.R.
A The Judgment of the Court was delivered by
HEMANT GUPTA, J.
1. The challenge in the present appeal is to an order dated
03.12.2014 passed by the Division Bench of High Court of Punjab and
Haryana in an intra court appeal under Clause X of the Letters Patent.
B
2. The grievance of the respondents (hereinafter referred to as
“writ petitioners”) in the writ petition filed under Article 226 of the
Constitution is that the post of Drawing Teacher had been converted to
Trained Graduate Teacher (TGT) under Rule 9(5) of the Haryana School
Education (Group C) State Cadre Service Rules, 20121. Two juniors to
C
the writ petitioners have been promoted as Elementary School
Headmasters, therefore, the writ petitioners are also entitled to get
promoted from the day their juniors were promoted.
3. The contention of the writ petitioners is that they possess senior
secondary qualification with 2 years Diploma in Art & Craft and that
D
they also possess qualification of B.A. and B.Ed. Initially, services of
the writ petitioners were governed by Haryana State Education School
Cadre (Group C) Service Rules, 19982 which have since been replaced
by the 2012 Rules. In terms of Rule 9 (5) of 2012 Rules, the Classical &
Vernacular (C&V) Cadre Teachers, such as the writ petitioners, are
E deemed to be converted to TGT in the relevant subject though no further
recruitment shall be conducted to these categories of C&V Teachers.
The contention of the writ petitioners is that they fulfil the qualification
prescribed for the post of Elementary School Headmaster, therefore,
they are entitled to be considered for promotion to the said post based
upon seniority in terms of Rule 11 of 2012 Rules.
F
4. The stand of the State is that the writ petitioners are not entitled
for promotion to the post of Elementary School Headmaster as they do
not fulfil the requisite qualification for appointment to the post of TGT
under 2012 Rules.
G 5. The learned Single Bench relying upon Rule 9(5) of 2012 Rules
held that the C&V Teachers stand converted to TGT Cadre, therefore,
they would be entitled to consideration for promotion to the post of
Elementary School Headmaster. It was held as under:
1
2012 Rules
2
H 1998 Rules
STATE OF HARYANA AND ANOTHER v. SANDEEP SINGH 185
AND OTHERS [HEMANT GUPTA, J.]
“As per Rule 9 of the 2012 Rules, for promotion to the post of A
Elementary School Headmaster, 85% posts have been kept
reserved for promotion from amongst the TGTs. Since the
petitioners now belong to the TGT Cadre, they would be entitled
to consideration for promotion to the post of the Elementary School
Headmaster provided they fulfil the qualifications for the post, for
B
which they are claiming promotion. The eligibility for promotion
to the post of Elementary School Headmaster is B.A. B.Ed. and
since the petitioners fulfil the requisite qualifications for the said
post, they are entitled to be considered for promotion to the said
post according to their seniority, which has to be determined by
the respondents as per Rule 11 of the 2012 Rules.” C
6. The intra court appeal preferred by the State was dismissed
for the reason that once C&V Teachers have been considered as the
members of TGT Cadre they cannot be denied the promotion post of
Elementary School Headmaster against 85 per cent quota earmarked
for TGTs. D
7. Learned Counsel for the appellant argued that Rule 9(5) of
2012 Rules only gives a notional designation of TGT to C&V Teachers
appointed under 1998 Rules and that the Rule 9(5) of the 2012 Rules
cannot be read in isolation. It is contended that under 1998 Rules, there
were C&V Teachers and Masters. The equivalent post of TGT in the E
1998 Rules is Master, which is promotion post of C&V Teachers such
as the writ petitioners. A cumulative reading of various provisions of
2012 Rules does not contemplate to treat C&V teachers as TGT, the
Master being a promotion post for C&V Teachers.
8. The minimum educational qualification for C&V Teachers in F
terms of 1998 Rules in the subject of Drawing was Matric from Haryana
School Education Board or equivalent qualification recognized by the
Haryana School Education Board as well as 2 years Diploma in Art and
Craft Examination, whereas, for the promotion to the post of Art Master,
the minimum qualification is B.A. with Art as one of the Elective Subject
G
and B.T./B.Ed from a recognized University or Matric/10+2 with 5 years
Degree/Diploma from a recognized University.
9. It is contended that TGTs under 2012 Rules are defined to
mean the teachers appointed in the relevant subject after framing of
H
186 SUPREME COURT REPORTS [2019] 7 S.C.R.
A 2012 Rules and also include Masters appointed before the notification of
these Rules. It is only the Master who falls within the definition of TGT
under the 2012 Rules, whereas, the C&V Teachers are converted to
TGT notionally as dying Cadre to avoid anomalous situation of the C&V
Teachers without being in any Cadre.
B 10. The qualification for an appointment of TGT is Graduation;
B.Ed and certificate of having qualified Haryana Teachers Eligibility
Test(HTET)/ School Teachers Eligibility Test(STET). The writ petitioners
cannot be treated to be the members of TGT Cadre under 2012 Rules
as the post of Master is equivalent to the Post of TGT, which is in fact,
a promotion post for C&V Teachers under the 1998 Rules.
C
11. On the other hand, the learned Senior Counsel for the writ
petitioners supported the reasoning given by the High Court that once
the C&V Teachers are converted to TGT, therefore, they have to be
treated as the members of TGT Cadre itself and Rule 9(5) of the 2012
Rules cannot be given any other meaning as the language of the Rules
D
leaves no manner of doubt that the C&V Teachers are now to be deemed
to be part of TGT cadre.
12. The relevant Rules need to be extracted at this stage to
appreciate the respective contention of the parties. The relevant provisions
of the 1998 Rules read as under:
E
“6. (1) Appointments to the posts in the Service in case of
Middle School Headmaster, Social Studies Master, Science Master,
Mathematics Master, Agriculture Master, Commerce Master,
Demonstrator in Physical Education (P.T. Master), Home Science
Master, Art Master and Music Master shall be made by Joint
F
Director Schools.
(2) Appointments to the posts in the Service in case of Sanskrit
Teacher, Hindi Teacher, Punjabi Teacher, Physical Training,
Instructor, Art and Craft Teacher (Drawing Teacher), Tailoring
Teacher and Tabla Player shall be made by the respective District
G
Education Officers of the concerned district.
*** *** ***
9. (1) Recruitment in the Service shall be made:-
(a) in the case of Middle School Headmaster,
H
STATE OF HARYANA AND ANOTHER v. SANDEEP SINGH 187
AND OTHERS [HEMANT GUPTA, J.]
(i) by promotion from amongst Master; or A
*** *** ***
(b) in the case of Social Study Masters-
(i) 50% by promotion from amongst J.B.T. and C&V Teachers;
and B
(ii) 50% by direct recruitment; or
(iii) by transfer of deputation of an official already in service
of any State Government or the Government of India;
(c) in the case of Science Master:- C
(i) 20% by promotion from amongst the J.B.T. and C&V
Teacher; and
(ii) 80% by direct recruitment; or
(iii) by transfer or deputation of an official already in service D
of any State Government of India;
(d) in the case of Mathematics Master:-
(i) 20% by promotion from amongst J.B.T. an C&V Teachers;
and E
(ii) 80% by direct recruitment; or
(iii) by transfer or deputation of an official already in the service
of any State Government or the Government of India;
(e) *** *** *** F
*** *** ***
(o) in the case of Art and Craft Teacher (Drawing Teacher)
(i) by direct recruitment; or G
(ii) by transfer or deputation of an official already in the service
of any State Government or the Government of India;
*** *** ***
H
188 SUPREME COURT REPORTS [2019] 7 S.C.R.
A APPENDIX
(See Rule-3)
S r. D e s ig n a tio n A c a d e m ic A c a d e m ic
N o . o f P o s ts q u a lific a t io n s q u a l i f i c a t io n s
a n d e x p e rie n c e a n d e x p e r ie n c e
i f a n y f o r d ir e c t if a n y f o r
r e c r u it m e n t a p p o in t m e n t
o th e r th a n b y
B d ire c t
re c ru itm en t
1 - 8 * * * * * * * * *
9 . A rt M a s te r (i) B .A . w i th ( i) B . A w ith A rt
A rt a s o n e o f a s o n e o f th e
th e E le c t iv e E le c tiv e s u b je c t
S u b j ec t a n d a n d B . T ./ B .E d
B .T / B .E d f ro m fro m a
a r e c o g n iz ed re c o g n iz e d
C u n iv e rs ity .
O R
u n iv e r s it y .
O R
M a tric / 1 0 + 2 M a tric/1 0 + 2
w it h 5 ye a rs w it h 5 y e ar s
d e g re e / d ip lo m a d e g re e /d ip lo m a
in a rts f ro m a in a rts fr o m a
r e c o g n iz e d re c o g n iz e d
u n iv e rs ity ; a n d u n iv e r s it y ; a n d
(ii) k n o w le d g e ( ii ) K n o w le d g e
o f H in d i u p to o f H in d i u p to
D M a tric M a tric S ta n d a r d
S ta n d a r d ( ii i ) 3 y ea r s
e x p e r ie n c e on
th e p o s t o f J B T
a n d C & V
T e a c h e r.
1 0 - * * * * * * * * *
1 4
1 5 . A rt a n d (i) M atr ic f ro m ( i) M a t r ic fro m
E C ra f t
T e a c h er
H a ry a n a S c h o o l
E d u c a t io n
H a ry a n a
E d u c a t io n
S ch o o l
B o a r d
( D r a w in g B o ar d o r a n o r a n e q u iv a le n t
T e a c h er ) e q u iv a le n t q u a l i f i c a t io n
q u a lific a t io n re c o g n iz e d b y
r e c o g n iz e d b y th e H a r y a n a
th e H a ry a n a S c h oo l
S c h o o l E d u c a t io n
E d u c a t io n B o a rd ;
B o ar d ; ( ii ) 2 y e ar s
F (ii) 2 ye a rs D ip lo m a in A rt
D ip lo m a in A rt a n d C ra ft
a n d C ra ft E x a m in a t io n
E x a m i n a t io n co n d u c te d b y
c o n d u c te d b y th e H a r y a n a
th e H a ry a n a In d u s tria l
In d u s tria l T r a i n in g
T r a in in g D e p a rtm e n t o r
D e p a r tm e n t o r a n e q u iv a le n t
a n eq u iv a len t q u a l i f i c a t io n
G q u a lific a t io n re c o g n iz e d b y
r e c o g n iz e d b y th e H a r y a n a
th e H a ry a n a S c h oo l
S c h o o l E d u c a t io n
E d u c a t io n B o a rd ;
B o ar d ; ( ii i ) K n o w le d g e
(iii) K n o w le d g e o f H in d i u p to
o f H in d i u p to M a tric S ta n d a r d .
M a tric
H S ta n d a r d .
STATE OF HARYANA AND ANOTHER v. SANDEEP SINGH 189
AND OTHERS [HEMANT GUPTA, J.]
13. The similar qualifications exist for appointment to the other A
categories of C&V Teachers and of promotion to the post of Masters.
14. The 1998 Rules were repealed when the 2012 Rules were
notified on 11th April 2012. The relevant extracts from such Rules are as
under:
“2. In these Rules, unless the context otherwise requires,- B
(a) *** *** ***
(e) “direct recruitment” means an appointment made otherwise
than by promotion from within the Service or by transfer of an
official already in the Service of the Government of India or any C
State Government.
*** *** ***
(h) “TGT” means Trained Graduate Teacher in the relevant subject
appointed after notification of these rules and shall include masters
appointed before notification of these rules; D
(i) “PRT” means Primary Teacher appointed after notification of
these rules and shall include junior basic (JBT) teachers appointed
before notification of these rules.
*** *** ***
E
3. The Service shall comprise of the posts shown in Appendix A
to these rules;
Provided that nothing in these rules shall affect the inherent
right of Government to make additions to or reductions in, the
number of such posts or to create new posts with different F
designations and scales of pay, either permanently or temporarily.
*** *** ***
7. No person shall be appointed to any post in the Service, unless
he is in possession of qualifications and experience specified in
column 3 of Appendix B to these rules in the case of direct G
recruitment on contract basis and those specified in Column 4 of
the aforesaid Appendix in the case of persons appointed other
than by direct recruitment on contractual basis:
H
190 SUPREME COURT REPORTS [2019] 7 S.C.R.
A Provided that in case of on contractual basis direct recruitment,
if the required number of candidates of Scheduled Caste,
Backward Class, other backward classes, Ex-Servicemen and
physically Handicapped having not the required the experience
are not available against the vacancies reserved for them, then
relaxation in experience upto the limit of fifty percent may by
B
order, for reason to be recorded in writing, given at the discretion
of the recruiting agency.
* ** *** ***
9. (1) Recruitment in the Service shall be made:-
C (a) In the case of Elementary School Head Master:-
(i) 85% by promotion from amongst TGTs; and
(ii) 7% by promotion from Hindi teachers; and
(iii) 7% by promotion from Sanskrit teacher;and
D
(iv) 1% by promotion from Punjabi teacher; or
(v) by transfer or deputation of an official already in
service of any State Government, Government of India
or from the Haryana State Education School Cadre
(Group C) Service;
E
(b) to (k) *** *** ***
(l) In the case of TGT Art,—
(i) 67% by direct recruitment on contract basis; and
F (ii) 33% by promotion from amongst Primary Teachers
(PRTs)/Classical & Vernacular (C&V) Teachers; or
(iii) by transfer or deputation of an official already in service
of any State Government, Government of India;
*** *** ***
G (5) The present Classical & Vernacular (C&V) Cadre consisting
of the posts of Sanskrit Teachers, Hindi Teachers, Punjabi
Teachers, Physical Training Instructors (PTIs), Art & Craft
Teachers (Drawing Teachers), Tailoring Teachers and Tabla
Players and governed by the Haryana State Education School
H Cadre (Group C) Service Rules, 1998 shall be converted to TGT
STATE OF HARYANA AND ANOTHER v. SANDEEP SINGH 191
AND OTHERS [HEMANT GUPTA, J.]
in relevant subject and no further recruitment shall be made to A
these categories when the present incumbent on the notification
of these rules vacate the post on his promotion, retirement or any
other purpose. (Emphasis Supplied)
*** *** ***
APPENDIX A B
(See Rule 3)
SN Designation of Number of Posts Scale of Pay
Posts
Permanent Temporary Total Pay Band Grade C
Pay
1 Elementary 5207 5207 9300- 4800
School Head 34800
Master
2 TGT Social 5513 3307 8820 9300- 4600
Studies 34800 D
3 TGT Science 3014 1579 4593 9300- 4600
34800
4 TGT 2566 2129 4695 9300- 4600
Mathematics 34800
5 TGT English 9300- 4600
34800 E
6 TGT Hindi 9300- 4600
34800
7 TGT Sanskrit 9300- 4600
34800
8 TGT Punjabi 9300- 4600
34800
F
9 TGT Urdu 1 0 1 9300- 4600
34800
10 TGT Physical 918 179 1097 9300- 4600
Education 34800
11 TGT Home 167 129 296 9300- 4600
Science 34800 G
12 TGT Art 0 1 1 9300- 4600
34800
13 TGT Music 58 33 91 9300- 4600
34800
H
192 SUPREME COURT REPORTS [2019] 7 S.C.R.
A APPENDIX B
(See Rule 7)
B
C
D
E
F
G
H
STATE OF HARYANA AND ANOTHER v. SANDEEP SINGH 193
AND OTHERS [HEMANT GUPTA, J.]
A
B
C
D
E
F
G
H
194 SUPREME COURT REPORTS [2019] 7 S.C.R.
A
B
C
15. We find that the High Court has taken a simplistic view on the
bare reading of Rule 9 (5) of 2012 Rules to hold that with the
commencement of 2012 Rules, the C&V Teachers become part of TGT
Cadre and as part of the TGT Cadre, they become entitled for promotion
D to the post of Elementary School Headmaster from the day their juniors
were promoted to such post.
16. The appointment of the writ petitioners as C&V Teacher is
prior to the commencement of 2012 Rules. The 1998 Rules contemplate
direct recruitment to the post of Master and to various other disciplines,
E commonly called as C&V Teachers. In fact, the post of Master is a
promotion post for C&V Teachers in terms of Rule 9 of the 1998 Rules.
The qualification for the post of Art Master by way of direct recruitment
and promotion is Graduate or Matric/10+2 with 5 years Degree/Diploma.
However, for promotion the additional qualification is 3 years’ experience
on the post of JBT and C&V Teachers.
F
17. The post of TGT is contemplated to be filled up by direct
recruitment and by promotion from amongst primary teachers/C&V
Teachers. Column 3 of the Appendix B of 2012 Rules prescribes the
academic qualifications and experience for direct recruitment on contract
basis whereas, Column 4 prescribes academic qualifications and
G experience for appointment other than by direct recruitment on contract
basis. The qualifications for filling up the post of TGT by way of promotion
are B.F.A/B.A and 2-year Diploma in Elementary Education; or B.F.A/
B.A with at least 50% marks and 1-year Bachelor in Education (B.Ed.);
or B.F.A/B.A with at least 45% marks and 1-year Bachelor in Education
(B.Ed.); in accordance with the NCTE (Recognition Norms and
H
STATE OF HARYANA AND ANOTHER v. SANDEEP SINGH 195
AND OTHERS [HEMANT GUPTA, J.]
Procedure) Regulations issued from time to time in this regard; or Senior A
Secondary (or its equivalent) with at least 50% marks and 4 year B.A.
Ed. Etc. and 3 years’ experience as Primary Teacher (PRT)/Classical
& Vernacular (C&V) Teacher. Thus, the post of TGT is a promotion
post for C&V Teachers as well.
18. Therefore, the reading of the entire 2012 Rules shows that B
the Masters appointed under 1998 Rules alone were holding equivalent
post to that of the members of the cadre of TGT. It is such category
alone who are entitled to be promoted to the post of Elementary School
Headmaster in terms of the qualifications prescribed in Appendix B
particularly in view of Rule 2(h) and Rule 7 of the 2012 Rules. TGT
means a Trained Graduate Teacher in the relevant subject appointed C
after notification of the 2012 Rules and include the Masters appointed
before the notification of these Rules. Therefore, the Masters appointed
in terms of 1998 Rules are only the Trained Graduate Teachers in terms
of 2012 Rules. The post of Master under the 1998 Rules or the Post of
TGT under the 2012 Rules is in fact promotion post for the C&V D
Teachers.
19. The entire argument of the appellants is based upon the
expression used that C&V Teachers governed by 1998 Rules shall be
“converted to TGT in relevant subject”. The question is whether
such C&V Teachers stand upgraded to the post of TGT though, their E
promotion channel under 1998 Rules was to the post of Master which
alone has been treated as TGT as defined in Rule 2(h) of the 2012 Rules
and in view of express language of Rule 7 which mandates that the
appointment shall be made to the post of TGT only in accordance with
the qualifications prescribed in 2012 Rules.
F
20. The reading of the Rules would show that C&V Teachers are
treated to be TGT so as to avoid anomalous situation where the C&V
Teachers after the commencement of 2012 Rules would not be governed
by any set of Rules. Therefore, the expression that such C&V Teachers
stand converted to TGT is only to facilitate their service conditions to be
governed by the 2012 Rules rather than to upgrade the C&V Teachers G
as members of TGT Cadre. The feeder and the promotional cadre
cannot be treated at par by virtue of the expression used in Rule 9(5) of
2012 Rules that the C&V Teachers shall be converted to TGT. Such
conversion is only for a limited purpose of 2012 Rules being extended to
them and that such C&V Teachers do not become member of the H
196 SUPREME COURT REPORTS [2019] 7 S.C.R.
A “cadre” eligible for promotion as Elementary School Headmaster. Rule
9(5) of 2012 Rules does not use the word “cadre”. Therefore, such
teachers cannot be treated to be part of TGT cadre. Such interpretation
is further supported by the fact that C&V Teacher is a dying cadre and
no further recruitment is to be made in these categories.
B 21. Such C&V Teachers, if eligible, can seek appointment by
way of a direct recruitment or other than by direct recruitment in terms
of the academic qualifications and experience contained in Appendix B
of 2012 Rules but they cannot be treated en masse as members of TGT
Cadre. The State may consider to provide opportunity to such teachers
for appointment as TGTs.
C
22. The TGTs are engaged to provide elementary education. The
purpose of the Rules is better served by ensuring education to the students
of primary schools in the State by Trained Graduate Teachers rather
than C&V Teachers who were being engaged earlier. It is upgradation
of qualification of teachers to be engaged for teaching the students of
D the primary schools for appointment as TGTs. Therefore, the interpretation
which sub serves cause of education is to be preferred as against the
interpretation leading to anomalous result, more so it is not warranted by
the cumulative reading of the 2012 Rules.
23. In view of the above, we find that the order passed by the
E High Court that C&V Teachers become member of the TGT Cadre
after the commencement of 2012 Rules in fact violates the cumulative
reading of the 2012 Rules and defeats the cause of the primary education
in the State guaranteed by Article 21A of the Constitution.
24. Consequently, the appeal is allowed and the order passed by
F the High Court is set aside.
Kalpana K. Tripathy Appeal allowed.
G
H
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