Musharraf Jahan vs State and Others

Alok Singh, J.

Present petition is filed assailing the order dated 22.10.2007, Annexure No. 10 to the writ petition, passed by the Additional District Inspector of Schools (Basic) Dehradun.

Undisputedly, vide Advertisement dated 19.09.2004, applications were invited for the post of Assistant Teacher (Urdu) from those who on 01.07.2001 were in the age group of 18 years to 35 years and were having Graduation Degree or Equivalent thereto alongwith Urdu subject and were also having B.T.C. Certificate and were having Moallim-E-Urdu prior to 11.08.1997, thereafter, vide corrigendum, maximum age was increased from 35 years to 50 years. Petitioner applied within time alongwith all requisite documents and was declared successful and an appointment letter was also issued in favour of the petitioner on 14.12.2004. Petitioner gave her joining in Primary School, Rampur Khurd, Sahaspur, District Dehradun.

Writ Petition No. 1397 of 2004 (S/S) was preferred before this Court by Mohd. Shaleem and others. Writ petition, so filed, was disposed of by the learned Single Judge of this Court vide judgment dated 08.03.2006. Learned Single Judge of this Court vide judgment dated 08.03.2006 was pleased to direct the Secretary, Education, Uttarakhand to hold inquiry into the entire selection process. Pursuant to the judgment dated 08.03.2006, inquiry was held and vide order dated 22.10.2007, appointment of the petitioner as well as four others were cancelled/revoked saying that the selection and appointment of the petitioner and others was in violation of Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 as amended in 1998. Feeling aggrieved, petitioner has approached this Court by way of present petition.

I have heard Mr. Ramji Srivastava, learned counsel appearing for the petitioner and Mr. A.K. Joshi, Addl. C.S.C. appearing for the State/respondents and have carefully perused the record.

Rule 8 of the Rules 1981 as amended in the year 1998, reads as under.

"8. Academic Qualifications:- (1) The essential qualifications of candidates for appointment to a post referred to in clause (a) of Rule 5 shall be as shown below against each:

(2) The essential qualifications of candidates for appointment to a post referred to in sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Science, Mathematics, Craft or any language other than Hindi and Urdu shall be as follows:

(i) A Bachelor''s Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Science, Mathematics, Craft or particular language, as the case may be, as one of the subjects, and

(ii) Training qualification consisting of a Basic Teacher''s Certificate, Hindustani Teacher''s Certificate, Junior Teacher''s Certificate, Certificate of Teaching or any other training course recognized by the Government as equivalent thereto.

(3) The minimum experience of candidates for promotion to a post referred to in clause (b) of Rule 5 shall be as shown below against each.

(4) The essential qualification of candidates for appointment to the posts referred to in clause (a) and sub-clause (iii) and (iv) of clause (b) of Rule 5 for teaching Urdu Language shall be as follows:

(i) A Bachelor''s Degree from a University established by law in India or a Degree recognized by the Government as equivalent thereto with Urdu as one of the subjects.

Note:- A candidate who does not possess the aforesaid qualification in Urdu, shall be eligible for appointment, if he possesses a Master''s Degree in Urdu.

(ii) Basic Teacher''s Certificate from any of the training centers in Lucknow, Agra, Mawana in district Meerut and Sakaldiha in district Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification recognized by the Government as equivalent thereto."

As per sub-Rule (4) of Rule 8 of the Rules of 1981, as amended in 1998, for the post of Assistant Teacher Urdu requisite qualification is:

A bachelor degree from a University established by law in India or a degree recognized by the Government as equivalent thereto with Urdu as one of the subject. If a candidate does not possess the aforesaid qualification in Urdu shall be eligible for the appointment, if he possesses a master degree in Urdu. Rule further provides that candidate must possess Basic Teachers Certificate from any of the training centers in Lucknow, Agra, Mawana in District Meerut and Sakaldiha in District Chandauli established by the Government for imparting training for teaching Urdu or any other training qualification equivalent thereto.

Meaning thereby, a candidate seeking appointment on the post of Assistant Teacher (Urdu) should either have B.A. or equivalent degree with Urdu subject or master degree in Urdu and B.T.C. certificate or equivalent certificate issued by the different centers mentioned therein.

Perusal of Government Order dated 13.09.1994, Annexure No. 11 to the writ petition, would reveal that for the post of Assistant Teacher in Junior/Senior Basic School, Examination Certificate of Adib-E-Mahir issued by Urdu Academy, Aligarh shall be equivalent to Intermediate examination, while Adib-E- Kamil Examination Certificate shall be equivalent to B.A. (Graduation with Urdu subject).

Section 87 and 2(f) of U.P. Re-Organization Act, 2000, are being reproduced herein:--

"87. "Power to adapt laws.-For the purpose of facilitating the application in relation to the State of Uttar Pradesh or Uttaranchal of any law made before the appointed day, the appropriate Government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.

Explanation.- In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law in its application to a State, the State Government."

2(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Uttar Pradesh."

Perusal of Section 87 read with sub-Section (f) of Section 2 of the Act would reveal that any law or notification or Government Order enacted or issued by the State of Uttar Pradesh prior to the appointed day and was in existence as on appointed day shall be deemed having force of law within territory of the State of Uttarakhand even after the appointed day till same is modified or altered or repealed by the State of Uttarakhand.

Mr. A.K. Joshi, learned Addl. C.S.C. appearing for the State does not dispute that Government Order dated 13.09.1994, as referred above, has never been repealed, superseded or recalled.

Perusal of the Annexure No. 3 to the writ petition would reveal that petitioner did High School in 1975 with Urdu as one of the subject, Intermediate in 1978 with Urdu as one of the subject and did Adib-E- Kamil from Jamiyan Urdu Aligarh, thereafter, M.A. from Meerut University in the year 1983 and B.Ed. in 1984. Page No. 29 of the paper book would reveal that petitioner also did Moilim-E- Urdu training from Jamiyan Urdu Aligarh.

It is also not in dispute that at the time of filing the application for the post pursuant to the advertisement, petitioner was within the age group as required by the advertisement and the petitioner was declared successful and was given appointment.

Since, petitioner was having all the requisite qualifications and was declared successful, therefore, petitioner''s appointment seems to have been wrongly revoked on the ground that selection and appointment of the petitioner alongwith others was in violation of Rules of 1981 as amended in 1998.

Consequently, impugned order does not sustain in law and is hereby quashed. Writ petition is allowed. Petitioner is reinstated to its post. Since, petitioner''s appointment was cancelled for no fault of the petitioner and petitioner was made to suffer by an illegal order dated 22.10.2007, therefore, petitioner shall be entitled for all consequential benefits.