A ^ INJHEiliGHCOURT OF^IUDICATl^RE AT^ILASPUR CHHATTISGARH W.P.(S) N0. ^~S>¥/ / 2006 Petitioner .v4f?€ (7^^7> .-^'^^- .cO'"^' IV" o?r-~ --^ Dinesh Kumar Rathore,' S/o. Shri Ramkhilawan Rathore, Aged about 37 years, Asst. Teacher, Govt. Middle School, Dhurkot, Block - Nawagarh, Distt. - Janjgir -Champa (C.G.) VERSUS ResBQndent^ Jl] ^^ State of Chhattisgarh & Others ^ Through- The Secretary, Department of School Education D.K.S. Bhawan, Raipur (C.G.) District Education Officer, ^ Distt. - Janjgir -Champa (C.G.) Block Education Officer,' Block - Nawagarh Distt. - Janjgir -Champa (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF SUITABLE WRIT, WRITS, DIRECTION ETC TO DO JUSTICE IN THE MATTER. -^l^' ^.^ ^> HIGH COURT OF CHHATnSGARH AT BIL^EUR titioaer Respondents Petitkxner Reapondcnts Petitioiier Rcspondents W. P. (sl No. 5862 of2006 Hemant Kumar Vislnrafeanna Versus StateofChhattisgaA & ofhcra W. P. fel No. 5871 of2006 Dincsh Kuanar Rathore Veraus State ofCUhattis^rh & othera W. P. fol No. 5849 of2006 Satish KuanarTiwari Veraus State of CUhattisgaxfa & ofhera tttnde Bench: HonTafc Mr. Justicc Strfteh K. ABiUMitel. Shri. Anil Singh. Rajput, Advocatc for thc Pctitioncr. Shri V. V. S. Moorfhy, Dcpuly Adyocate Gencral •wifh Smt Anju Ahuja, Dcpuly Govt Advocate for the State/respondente. ORDER (Rasacd on this 12dl day of December, 2006) The petitinners are woriang as Asabstant Teachcra in fhc gownunent schools. In fhe couise 6f tfacir semces as A^stant Teachera, the petituiiera have obtained D.Ed. c^rtfficatca on fheir own expenses before 1.3.1999. Lcamed counsel for the petttk>ncrs aubmits fhat thc "Bask: Traming Iiiatitute' (B.T.I.) ccrtificate has hecn renamed by the oider of fhe State Govenuacnt as 'Diptonna in Educadon* (D.Ed.) certificate. The petitionera, who bswe oblained D.Ed. certificate prior to 1.3.1999 aie entifled to the same TeUefas is granted to fhc candidates who had obtained B-T.I./B.Ed. certificates oa fheir own expdtses as per the circulara dated 24.12.1998 and 1.3.1999. Leamed Dcputy Advocate General, appearing for tfae respondents/State, produced a copy of fhe memo dated 12.12.2006 issued by fbe Directcnr, PubBc Instructions, CUhattisgEiili, notfce dated 28.1.1995 issued by the Secretaiy, Boaid of Secoiidaiy Ediication, Bhopal, aad the prospectus of Diploma ia Education Bxamination and submits fhat (he nomcnclature of fhe Basic Ttaming Insttaite ie. B.T.I. baa bcen renamed as Diploma in Ediicatfoa Le. D.Bd. Leamcd Deputy Advocate Gcneral also produced a copy of the circiriar dated 24.12.1998, issucd by the School Bducatkni Departnwnt, Govenuaent of Madhya Pradesh, Bhopal, aDowing two inctcmcnts to 1S teachera who Iiawe obtained B.Ed., M.Bd.,B.T.I. examiDation ccrtificates. The documents are lakcn on record in W. P. No. 5862/2006. Writ Petition (s) No.s 5862/2006, 5871/2006 and 5849/2006 aae bcing disposed ofby this common oider aa the facts and question ofbw invohred in tioth the petittons are comnion. Acconiing to teamed counsel for the pctitfoiicra, the pctitionera are entitled to tnro advance mcremcnts ia view of the dccision of fhis Court ia ihe case of Yashwant K-uiaar Bha «h"ni Vs. Municipal Corporation. Duiy aad aaofher {2006 (II) MPJR-CO 96}. This Court in the <3ase of Y^hwant Kumar Bhacadwq Vs. ] unicqial Cotporation, Diug and anofher (Supra), came to fhc conclusion tfaat fhe teachers, who had obtamed B. Ed. /B.T.I. Ccrdficate on fhcir own expexises, are covcred by tfae ciroular dated 24.12.98 (Annexure P/7) issued by the State Govenunent of Madhya Pradesh. Further in tfae matter of Smt MapDiama Shiiraatava Vs. State of M.P. and othcrs { 2000 (l) M.P.L.S.R. 136 } fhe Madhya Pradesh State Administrative Tribimal, GwaKor Etench, white consideriag fhe circular datcd 1.3.1999 whcrein, it is ptovidcd tfaat fhc Assistant Teaehers, who have acquiicd B.Ed. dcgree at fheir owu cost between 23.10.1964 and 7.5.1973 shaU be entifled to Iwo advaace inciemcnts, relied on dccision in fhe case of Rakassh Kumar Shnyaatacva. Vs. Ststte of M.P. & otfaera passed ia O.A.No. 1632/99, decided oa 12.10.1999 wherem it is observed that the circular dated 1.3.1999 cannot be made appUcable retrospe<rti»ely. Thus, a teaclier, may be Aasistant Teacher, who has obtamed B.Ed. degree before 1.3.1999 is entifted to two advance merements. - ^> 7. It is pointed out by lcained counael ^ppcanng fi»rfhe petiticuiera that fhc flten State of Madhya Piadcsh had fited a Special teave Pfetitwn against (he oriera passed by fhe Tribimal aul thc Hon1>lc Suprexne Court disnussed Special Leavc Petition No. 1999/2000 fifed agninst fhe order of ffae TribunaL Thercfore, flic dnection to fhe effect fliat flie ciroular dated 1.3.1999 caiunot be made appBcaible retrospectively, passed by fhe Tribunal, bccomes final and the same shaH be appMcaible to all fhe Assistant Teachera who haveobteined B.Ed./B.T.I. certificate before 1.3.1999. Itisfurfhcr subslantiated by a ciroiilar dafed 17.10.2003 issued by the prcscnt Stote of Madhya Pradesh whcrcm fhe circular ctearty states about Ihe dectekm (rffhe Supreme Court. 8. Leamed counsel for tbc petitfoaera ftirfher submits that the fiicts and queation of law involvcd in thc preaent case are squarefy covercd by decision of this Court in the case of Yashwant Kumar Bharadwq Vs. Munkapal Corporatton, Dmg and anoflier (Siqii'e^, to whfch teamcd counsel appeaiing for flie respondents fearfy concedes and agnees wifh fhc avennent made by teamed counsd appearing for the petitioners. 9. Acconlingty, in Ifae cvent D.Ed. ccrtificate hohlers are cqiial to B.T.I./B.Ed. ccrtificate holdcrs, fhey are entifled to tit»aamc reUef ia terms of fhe orders passed m the caae of Ysahwant Kumar Bhai'adwaj Vs. Munfcipal Coiporatfon, Diu^ and anofher (Supn^, subject to verificatton ofthe fect as to whefher the petittonera haws acqiiircd D.Ed. Certificate oa. their own expenses as per the ciroulara dated24.12.l998 & 1.3.1999 and lurfhcr whefher ttiey have been paid two advance mcreiucnts or not No orier as to costs. 10. A copy offhjs order be placed on record in coimected nuattBr. Tbakur Sd/- SatishK.Agnihofri Judge