Service Law:
Promotion – To the post of Elementary School Headmaster – Sought by Classical and Vernacular (C&V) Cadre Teachers appointed under 1998 Rules whose post had been converted to Trained Graduate Teacher (TGT) under r. 9(5) of 2012 Rules – Single Judge as well as Division Bench of High Court held that once C&V Teachers have been considered as member of TGT Cadre, they cannot be denied consideration for promotion to the post of Elementary School Headmaster – Appeal to Supreme Court – Held: The post of TGT under 2012 Rules was equivalent to the post of ‘Master’ under 1998 Rules – The post of ‘Master’ was promotional post to the C&V Teachers appointed under 1998 Rules – The conversion of C&V Teachers to TGT was so as to avoid anomalous situation and not for upgrading them as members of TGT Cadre – The feeder and promotional cadre cannot be treated at par by virtue of the expression used in r. 9(5) of 2012 Rules – The purpose of the 2012 Rules is better served by ensuring education to the students by TGT rather than C&V Teachers – The interpretation which subserves the cause of education is to be preferred – The order of High Court violates the cumulative reading of the 2012 Rules and defeats the cause of the primary education the State guaranteed by Art. 21A of the Constitution – Haryana School Education (Group C) State Cadre Service Rules, 2012 – r. 9(5) – Haryana State Education School Cadre (Group C) Service Rules, 1998 – r. 9 – Constitution of India – Art. 21A.
Allowing the appeal, the Court
HELD : 1. The High Court has taken a simplistic view on the bare reading of Rule 9 (5) of Haryana School education (Group C) State Cadre Service Rules, 2012 to hold that with the commencement of 2012 Rules, the C&V Teachers become part of TGT Cadre and as part of the TGT Cadre, they become entitled for promotion to the post of Elementary School Headmaster from the day their juniors were promoted to such post. [Para 15] [194-A-B]
2. The appointment of the writ petitioners as C&V Teacher is prior to the commencement of 2012 Rules. The 1998 Rules contemplate direct recruitment to the post of Master and to various other disciplines, commonly called as C&V Teachers. In fact, the post of Master is a promotion post for C&V Teachers in terms of Rule 9 of the 1998 Rules. The qualification for the post of Art Master by way of direct recruitment and promotion is Graduate or Matric/10+2 with 5 years Degree/Diploma. However, for promotion the additional qualification is 3 years’ experience on the post of JBT and C&V Teachers. [Para 16] [194-D-F]
3. The reading of the entire 2012 Rules shows that the Masters appointed under 1998 Rules alone were holding equivalent post to that of the members of the cadre of TGT. It is such category alone who are entitled to be promoted to the post of Elementary School Headmaster in terms of the qualifications prescribed in Appendix B particularly in view of Rule 2(h) and Rule 7 of the 2012 Rules. TGT means a Trained Graduate Teacher in the relevant subject appointed after notification of the 2012 Rules and include the Masters appointed before the notification of these Rules. Therefore, the Masters appointed in terms of 1998 Rules are only the Trained Graduate Teachers in terms of 2012 Rules. The post of Master under the 1998 Rules or the Post of TGT under the 2012 Rules is in fact promotion post for the C&V Teachers. [Para 18] [195-B-D]
4. The reading of the 2012 Rules would show that C&V Teachers are treated to be TGT so as to avoid anomalous situation where the C&V Teachers after the commencement of 2012 Rules would not be governed by any set of Rules. Therefore, the expression that such C&V Teachers stand converted to TGT is only to facilitate their service conditions to be governed by the 2012 Rules rather than to upgrade the C&V Teachers as members of TGT Cadre. The feeder and the promotional cadre cannot be treated at par by virtue of the expression used in Rule 9(5) of 2012 Rules that the C&V Teachers shall be converted to TGT. Such conversion is only for a limited purpose of 2012 Rules being extended to them and that such C&V Teachers do not become member of the “cadre” eligible for promotion as Elementary School Headmaster. Rule 9(5) of 2012 Rules does not use the word “cadre”. Therefore, such teachers cannot be treated to be part of TGT cadre. Such interpretation is further supported by the fact that C&V Teacher is a dying cadre and no further recruitment is to be made in these categories. [Para 20] [195-F-H; 196-A-B]
5. The TGTs are engaged to provide elementary education. The purpose of the Rules is better served by ensuring education to the students of primary schools in the State by Trained Graduate Teachers rather than C&V Teachers who were being engaged earlier. It is upgradation of qualification of teachers to be engaged for teaching the students of the primary schools for appointment as TGTs. Therefore, the interpretation which sub serves cause of education is to be preferred as against the interpretation leading to anomalous result, more so it is not warranted by the cumulative reading of the 2012 Rules. [Para 22] [196-D-E]
6. Therefore, the order passed by the High Court that C&V Teachers become member of the TGT Cadre after the commencement of 2012 Rules in fact violates the cumulative reading of the 2012 Rules and defeats the cause of the primary education in the State guaranteed by Article 21A of the Constitution. [Para 23] [196-E-F]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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