V. Chandra Sekhar vs Director, National Cadet Corps., Andhra Pradesh and Another

Chennakesav Reddy

This writ petition raises the question as to the true scope and ambit of Rule 16 (d) of the National Cadet Corps Rules, 1948 framed by the Central Government in Exercise of the powers conferred by Section 13 of the National Cadet Corps Act, 1948. The relevant facts giving rise to the question are short and simple: The Petitioner is a Physical Education Teacher in the Government Boys'' High School, B.Camp. Kurnool since 1976. A vacancy of Part-time Junior Division N.C.C. officer arose in the school due to the retirement of one B. Sundar Raj in September. 1978. Applications were called for by the Director, National Cadet Corps, the first respondent herein through the Andhra Medical Company, N.C.C. Kurnool for filling up the said vacancy. The Petitioner applied through the proper channel, that is the Headmaster. Government Boys'' School B. Camp., Kurnool offering himself as a candidate to be considered for the appointment in the said vacancy. His application was recommended and forwarded by the Headmaster, of the School to the Andhra Medical Company, N.C.C., Kurnool. On 10-1-1979 he received a communication from the Andhra Medical Company. N.C.C., Kurnool informing him that his application has not been recommended to the first respondent for selection as Junior Division N.C.C. Officer as he was not eligible for the post since he was only a physical Education Teacher. He received the said communication on 16-1-1979. The petitioner when filed this writ petition claiming that he is a member of the teaching staff of the school and is qualified to hold the post of part-time N.C.C., Officer under Rule 16 (d) of the National Cadet Corps Rules and that the exclusion of his name for consideration on the ground that he was not eligible to hold the post was illegal.

In the counter affidavit filed by the Director of N.C.C. of Andhra Pradesh, it is stated that the petitioner cannot be considered for selection as N.C.C. Officer in view of the revised policy laid down by the Director General N.C.C. in his letter No. 2394/78/DG NCC-PERS (1) dated 30th of October, 1978 that Physical Training Instructors, demonstrators and librarians are not eligible for selection as part-time N.C.C. officers. It is also stated that the Director of Physical Education clarified that teachers and physical training instructors are only different in name and their duties and functions are one and the same. It is also further stated that the petitioner is not eligible to seek selection as part-time N.C.C. Officer under Rule 16(d) of the Rules as contended by the petitioner. On the basis of the rival contentions referred to above, the only question that arises is whether the petitioner who is physical education teacher is qualified to hold the post of Junior N.C.C. Officer under Rule 16 (d) of the Rules. Rule 16 (d) reads as follows:

Rule 16. Qualifications for appointment:--(d) No person offering himself for appointment as an officer shall be appointed as such officer unless he is a permanent member of the teaching staff of the College or school providing the unit or part thereof the senior or the Junior Division, as the case may be.

The words ''teaching staff'' are no where defined either in the National Cadet Corps Act or in the rules framed thereunder. The word ''teacher'' is however defined in section 2(17) of the Intermediate Education Act, 1971 as follows;

"Teachers" mean the lecturers, junior lecturers, teachers, tutors, demonstrators and such other persons giving instruction in a junior or college on other affiliated college as may be declared by the regulations to be teachers.

Physical Training Instructors or Physical Education Teachers are not thus specifically included in the definition of teachers. The learned counsel for the petitioner relying upon para 6 (B) of Rule 74 of the Andhra Pradesh Educational Rules-submitted that a physical education teacher is a member of the teaching staff of the school. Rule 74 merely lays down the qualifications for Headmasters and Teachers in High and Middle schools. Para 6 (B) prescribes qualifications for physical education teachers. This rule which merely lays down qualifications for the several posts does not support the contention of the petitioner that a Physical Education Teacher is member of the teaching staff. Staff of a school undoubtedly consists of the teaching staff and non-teaching staff. Teachers that teach in the classes during the working hours of the school can normally be called members of the teaching staff Physical Training Instructor or Physical Education Teacher imparts instructions only after the school hours. Physical Education Teachers or Instructors are responsible for organising sports and cultural activities after the teaching hours. N.C.C. parades are also held after the teaching hours of students. The duties of the physical Education Teachers are therefore such that they clash with the performance of the duties of a Junior N.C.C. Officer, and they will not be able to devote their full attention to the N.C.C. work Apparently it is based on such practical knowledge that Rule 16 (d) is framed making only members of the teaching staff of the college or school eligible for the teaching appointment as Junior Division N.C.C. Officer. It must therefore be held that a Physical Training Instructor or staff within the meaning of Rule 16 (d) and is therefore not qualified to hold the post of Junior Division N.C.C. Officer. The application of the petitioner was therefore rightly not recommended for the post. The Writ Petition must therefore fail. It is accordingly dismissed.