STATE OF HARYANA AND ANOTHER versus SANDEEP SINGH AND OTHERS

Citation: [2019] 7 S.C.R. 181 · Decided: 06-05-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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STATE OF HARYANA AND ANOTHER
v.
SANDEEP SINGH AND OTHERS
(Civil Appeal No. 4546 of  2019)
MAY 6, 2019
[DR. DHANANJAYA Y. CHANDRACHUD AND
HEMANT GUPTA, JJ.]
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.
   [2019] 7 S.C.R. 181
181
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SUPREME COURT REPORTS
[2019] 7 S.C.R.
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
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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

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