IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:28/10/2005
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice S.K. KRISHNAN
Writ Petition No. 34620 of 2002
and W.P.M.P.No. 51609 of 2002
1. The Assistant Commissioner,
Kendriya Vidyalaya Sangathan
IIT Campus, Chennai-600 036.
2. The Administrative Officer,
K.V.S. Region, IIT Campus,
Chennai-36.
.. Petitioners.
-Vs-
1. T.K. Krishna Kumar.
2. The Registrar,
Central Administrative Tribunal,
Chennai.
.. Respondents.
Writ Petition has been filed under Article 226 of
the Constitution of India for issuance a writ of certiorari to call for records pertaining to order dated 06-03-2002 of Cent
Administrative Tribunal, Chennai Bench made in Original Application No. 223/2001, and quash the same.
!Mr. M. Vaidyanathan:- For petitioners.
^Mr. Krishna:- For First Respondent.
:ORDER
(Order of Court was delivered by P. Sathasivam, J.,)
Aggrieved by the order of the Central Administrative Tribunal, Chennai
dated 6-3-2002 passed in O.A.No. 223/2001, Kendriya Vidyalaya Sangathan,
Chennai has filed the above writ petition.
2. According to the petitioners, the first respondent herein, namely, T.S.
Krishna Kumar was appointed as a Primary Teacher on 6-8-88 at K.V. Kalpakkam.
At the time of his appointment, he had stated his qualification to be B.A.,
B.Ed. After serving for 3 years in the said school, he was transferred to
K.V.II Tambaram where he worked for 5 years and later transferred to K.V.II
Sadras. K.V. Sangathan being an autonomous body registered under the
Societies Registration Act, 1860 is financed by the Government of India
through the Ministry of HRD (Department of Education). The staff of Kendriya
Vidyalaya Sangathan are governed by the rules framed by the Board of Governors
in terms of the policies laid down by the Government of India. The Government
of India, Ministry of HRD Department of Education introduced a three tier
system of scales to all the teachers. According to the Scheme, all the
teachers in the K.V. Sangathan who have completed service of 12 years in the
ordinary scale would be eligible for senior scale subject to certain
conditions and assessment by DPC. The standard of assessment for appointment
to the Senior scale is based on the ACRs of the teachers in the Sangathan for
the last 5 years on the basis of “Rejection of Unfit”. The Kendriya Vidyalaya
Sangathan had circulated a list of fake Universities in their letter dated
20-9-96. As per the said letter, the teachers including the first respondent
were directed to produce original certificates, but the first respondent
evaded production of his certificates. The Department on verification of the
first respondent’s service records, found that the first respondent had
obtained his B.Ed., Degree from the self-styled Mythili University, New Delhi.
Though he had completed 12 years of service, his appointment to the senior
scale was not considered and the first respondent’s fitness per se to hold the
post of PRT is also doubtful. The first respondent filed O.A.No.223/2001
before the Central Administrative Tribunal. The Tribunal, by the impugned
order, issued certain directions. Though the Kendriya Vidyalaya Sangathan is
permitted to examine the genuineness of B.Ed., Degree certificate produced,
directed to consider the possibility of granting senior scale from the date
when his immediate junior has been granted the said benefit because the
applicant is also discharging the same duty as has been discharged by his
juniors. Questioning the direction in clause (b), namely, granting senior
scale, the Kendriya Vidyalaya Sangathan has filed the above writ petition.
3. Heard learned counsel for the petitioners as well as first respondent.
4. It is not in dispute that though the first respondent had completed 12
years of service, in view of the questions raised in the Parliament, list of
fake Universities were ascertained and identified and after enquiry, the
petitioners came to know that the first respondent had obtained his B.Ed.,
Degree from self-styled Mythili University which is a fake university and not
recognised by the U.G.C. No doubt, learned counsel for the first respondent
argued that he possessed more than required qualification, hence the Tribunal
is justified in issuing direction for award of senior scale. The said
contention is liable to be rejected for the following reasons.
4. As per the recruitment rules, educational and other qualifications
required for direct recruitment as in Appendix III is as follows:
“15. Recruitment Rules for the Post of Primary
Teacher.
1 to 6. xx xx
7. Educational and Essential:
other qualifications (i)Senior Secondary (Class
required for direct XII) with 50% marks
recruits – JBT-after Senior
Secondary(Class XII) or
B.Ed.or equivalent or
B.E1.Ed.
(ii)Competence to teach
through Hindi and English
media.
Desirable:
Knowledge of Computer Appli-
cation.”
It is clear that the qualification required for the post of Primary Teacher is
Higher Secondary with JBT (2 years) or intermediate with JBT (one year) or
plus Two examination (Senior School Certificate examination) with JBT (one
year). As rightly pointed out, the Tribunal failed to note that JBT or B.Ed.,
from a recognised University is an essential criteria for the post of Primary
Teacher. As rightly pointed out, the first respondent having obtained B.Ed.,
certificate from a fake University cannot per se be eligible to hold even the
post of Primary Teacher, hence the direction of the Tribunal to consider him
for a senior selection scale cannot be sustained. It is also brought to our
notice that the appointment to senior selection scale is not on the basis of
seniority, but on the basis of service rules. The Tribunal has failed to note
that the first respondent has produced B.Ed., certificate from Mythili
University which has been declared by the UGC as fake University and the said
University is included in the list of Universities which have been classified
as unrecognised University by the UGC and the said list has been circulated to
various Newspapers. The Tribunal also committed an error in drawing a
comparison between the first respondent and other immediate juniors, since the
latter hold degrees given by recognised universities. It is to be noted that
training in a proper organised and equipped training Institute is essential
before a candidate becomes qualified to receive teachers training certificate.
It is also relevant to note that in a Educational Institution, teachers play a
pivotal role in moulding the career, character and aptitude of young children
and if the teachers from unrecognised institutes are allowed to teach children
of impressionable age, contrary to the norms prescribed, it will be
detrimental to the interest of the nation.
5. In the light of our discussion, direction in Clause ( a) and Clause (c) in
para 9 of the impugned order of the Tribunal are retained; and direction in
Clause (b) to the Kendriya Vidyalaya Sangathan to consider the possibility of
granting senior scale on par with immediate juniors is set aside. If the
applicant/first respondent completes regular B.Ed., Degree course from a
recognised University within a stipulated time framed, he shall be considered
for grant of senior scale. Writ Petition is allowed in part. No costs.
Connected W.P.M.P., is closed.
Index: Yes
Internet: Yes
To:
The Registrar,
Central Administrative Tribunal,
Chennai.