1 S.B.CIVIL WRIT PETITION NO.1301/2007 Praveen Singh Vs. State of Rajasthan & Ors. Date of Order :: 17.10.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Shambhoo Singh, for the petitioner. None present for the respondents. ... The petitioners are having Bachelors Degree in Physical Education and they were selected for the purpose of appointment to the post of Para Teachers under an order dated 11.6.2001 and were sent for necessary training under order dated 16.6.2001 issued by Senior Deputy District Education Officer cum Block Elementary Education Officer, Panchayat Samiti, Bichhiwara. After completion of requisite training posting was not accorded to the petitioners by treating the qualification possessed by them not in accordance with the eligibility prescribed to hold the post of Para Teacher. Being aggrieved by the same petitioners preferred a petition for writ (SBCivil Writ Petition NO.1706/2003) and that came to be decided on 14.7.2004 in following terms: “Heard. The petitioners will represent to the State Government and they will consider the case of the petitioner in the light of the facts obtaining in the representation as far as possible in four weeks from the date of representation. With these directions, the writ petition is disposed of.” 2 In pursuant to the order aforesaid all the petitioners submitted representations to the respondents and the Deputy Secretary to the Government of Rajasthan, Elementary Education (Planning) under a communication dated 4.1.2005 sought necessary information regarding availability of the vacancies of Para Teachers in Panchayat Samiti – Bichhiwara. The District Education Officer, (Elementary Education), Dungarpur by a communication dated 9.1.2005 informed to the Director, Elementary Education, Bikaner regarding availability of vacancies at the places appointments were given to the petitioners. The District Education Officer also made a recommendation for giving appointment to the petitioners as Para Teachers in view of the order dated 27.3.2002 issued by the Government of Rajasthan. By the order aforesaid the Bachelors Degree in Physical Education was treated as a requisite qualification to be appointed as Para Teacher. Despite availability of the vacancies and declaration by the Government of Rajasthan that the persons having Bachelors Degree in Physical Education are eligible to be appointed as Para Teacher no decision was taken by the respondents with regard to the representation submitted by the petitioners in pursuant to the order passed by this Court on 14.7.2004 The petitioners in such circumstances submitted an application before this Court for initiating proceedings under Contempt of Courts Act, 1971 against the officers alleging willful compliance of the directions given on 14.7.2004. In the Contempt Petition (SBCivil Contempt Petition No.36/2006) this 3 Court issued notices to the competent officers of the respondents on 10.2.2006 and after service of the notices so issued an order dated 8.6.2006 was passed rejecting claim of the petitioners for appointment as Para Teachers on the count that the qualification of Bachelors Degree in Physical Education was declared as a requisite qualification for appointment to the post of Para Teacher on 27.3.2002, therefore, prior to that the petitioners were not eligible to be considered for appointment as Para Teacher hence, non grant of posting/appointment to them despite their selection as Para Teacher was just and proper. To challenge the order dated 8.6.2002 this petition for writ is preferred with contention that Bachelors Degree in Physical Education is a qualification relating to the teachers training, and therefore, from the date first the petitioners were eligible to be considered for appointment as Para Teacher. It is also stated that the Government of Rajasthan on 27.3.2002 in specific terms declared the qualification of Bachelors Degree in Physical Education as a requisite qualification to be considered for appointment as Para Teacher, therefore, at least from 27.3.2002 appointments could have been granted to the petitioners against the existing vacancies. It is also pointed out by learned counsel for the petitioners that as a matter of fact the respondents were considering cases of the petitioners for appointment as Para Teachers after disposal of the first writ petition filed by the petitioners, however, 4 only because of filing a contempt petition (SBCivil Contempt Petition No.36/2006) the respondents negatived their claim. Per contra as per the reply filed on behalf of the respondents the candidature of the petitioners was required to be examined on the day they faced process of selection and on that day the petitioners were not possessing requisite qualification to be considered for appointment as Para Teacher. As per the respondents eligibility for the purpose of appointment as Para Teacher was amended under an order dated 27.3.2002 by declaring the Bachelors Degree in Physical Education also as a qualification requisite to be considered for appointment as Para Teacher. The petitioners being not having the requisite qualification on the day their candidature was considered, were rightly not given appointment as Para Teachers. Heard counsel for the petitioner and perused the record. From perusal of the documents annexed with the writ petition and from perusal of the contents of the reply filed on behalf of the respondents it is clear that the vacancies pertaining to the post of Para Teachers in Panchayat Samiti- Bichhiwara were kept vacant and those are still available. The petitioners faced process of selection for appointment as Para Teachers and they were selected by a competent 5 committee. The petitioners also acquired requisite training relating to the post of Para Teacher. The respondents denied posting to the petitioners on the count that they were having Bachelors Degree in Physical Education and not the qualification of Basic School Training Certificate or Bachelors Degree in Education. It is not in dispute that on 27.3.2002 the respondent - State declared that the persons having the qualification of Bachelors Degree in Physical Education shall also be eligible to be considered for appointment as Para Teachers. The District Education Officer, Elementary Education, Dungarpur and the Senior Deputy District Education Officer, Panchayat Samiti – Bichhiwara made requests to the Government to give appointments to the petitioners in view of the Circular issued on 27.3.2002. From perusal of the record it is apparent that after disposal of the first writ petition preferred by the petitioners the respondents were actively considering case of the petitioners for their appointment as Para Teachers and during currency of that process the petitioners filed a contempt petition before this Court wherein notices were issued. It appears that the claim of the petitioners was negatived after getting the notices of contempt petition served, otherwise the respondents were actively considering candidature of the petitioners for appointment as Para Teachers. It is not in dispute that whatever qualification possessed by the petitioners is sufficient to hold the post of Para Teacher after 27.3.2002. The respondents are also having vacancies available on the post concerned. 6 In totality of the facts and in peculiar circumstances of the case I consider it appropriate to accept this petition for writ by directing the respondents to employ the petitioners as Para Teachers w.e.f. 27.3.2002, the date on which the Government decided that the persons having Bachelors Degree in Physical Education shall be eligible to be considered for appointment as Para Teachers. Accordingly, this petition for writ is allowed. The respondents are directed to employ the petitioners as Para Teachers in Panchayat Samiti – Bichhiwara, District- Dungarpur w.e.f. 27.3.2002 with the Gram Panchayat wherein the petitioners were selected. However, the petitioners shall not be entitled for any back-wages in view of the fact that they have not actually worked as Para Teacher during the period concerned. No order to cost. (GOVIND MATHUR), J. Jgoyal '