STATE OF RAJASTHAN AND ORS. ETC. ETC. versus SHRI SHYAM LAL JOSHI AND ORS. ETC. ETC.

Citation: [1993] SUPP. 3 S.C.R. 682 · Decided: 16-11-1993 · Supreme Court of India · Bench: M.N. VENKATACHALIAH, S.C. AGRAWAL, A.S. ANAND · Disposal: Disposed off

Judgment (excerpt)

A 
STATB OF RAJASTHAN AND ORS. ETC. ETC. 
v. 
SHRI SHYAM LAL JOSHI AND ORS. ETC. ETC. 
NOVEMBER 16, 1993 
B 
[M.N. VENlµTACHALIAH, CJ, S.C. AGRAWAL AND 
.. DR. A.S. ANAND, JJ.) 
Service. Law--Rajasthan Education Subordinate Services Rules, 1971: 
C 
Primary School Teachers-Qualifications prescribed-Secondary with 
Basic School Training Certificates (BSTC) or equivalenHSTC Training in 
general subjects with crafts as one of the subject-National Training Certifi-
cate (NTC) training only in crafts-National Trade Certificate recognised as 
equivalent-Derecognition of NTC on the ground of difference in the subject 
taught-NTC trainees-Whether could be appointed only as crafts teacher and 
D not as general teacher. 
· 
The respondents Oled a writ petition before the High Court coun-
tendiq that they had taken admission ... the NTC Course OD the basis or. 
tbe drcular dated August 6, 1984 Issued by the appellant State recognising 
B tbe Na~onal Trade Certiftcate (NTC) as equivalent to B.S.T.C., but insplte 
of their having obtained the NTC they were not being appointed on the 
post of teachers In the Panchayat Samltles. They prayed for a direction to 
be Issued to the State Government to treat the NTC obtained by the 
petitioners as equivalent to B.S.T.C. for the purpose of appointment to the 
'. post or teachers In the .primary schools run by the Panchayat Samities In 
F tbe appellant-State 'and for quashing orders dated January 7, 1985 and 
November 6, 1985 which stated that the candidates holding National Trade 
Certiftcates were not eligible for appointment to the posts of teachers in 
Panchayat Samitles and that service or the temporary teachers holding 
National Trade Certlftcates be terminated with immediate effect. 
G 
The ~t petition was allowed by a Single Judge who held that since 
recognition had been granted to the NTC Course as equivalent to the 
B.S.T.C. Course and persons acting upon that recognition had taken 
admission in NTC Course prior to the date of its derecognitlon, they could 
not be deprive~ from services and that the Government was estopped on 
· H the basis of the prindple or promissory estoppel to withdraw the recognl·"' 
682 
,. , 
STATEv. S.L.JOSHI 
683 
tlon of the NTC and directed the appellant-State to treat the NTC obtained A 
by the petitioners as equivalent to the B.S.T.C. for the purpose of appoint· 
ment on the post of Teachers in the Primary Schools run by the Panchayat 
Samities in Rajasthan. 
The Division Bench dismissed the Special appeal filed by the State. 
Hence the appeal by the State. 
Jn the writ petitions filed before this Court, the petitioners sought 
to claim the same relief as had been granted by the High Court. Some of 
B 
the writ petitioners did not have NTC or any other training qualification C 
while some possessed B.Ed. qualifications. 
11ie appellant-State contended that the BSTC was a two years' 
training course, covering various subjects whereas the N.T.C. was issued 
after training in a particular craft, namely, the wood work, tailoring, 
leather work and spinning and weaving; that NTC had been recognised as D 
equivalent to B.S.T.C. for the purpose of appointment of teachers in 
subjects relating to the craft for which the said certificate was issued; that 
the training imparted for the said certificate was limited to the particular 
craft and did not cover other fields; and that holder of NTC did not 
poss.ess the requisite equipment to teach other subjects and, therefore, he E 
could only be appointed as craft teacher and could not appointed as a 
general teacher. 
· 
Disposing of the appeal and the Writ Petitions, this Court 
HELD : 1. A di~tinction ha~ to be dr3wn between a general teacher F 
who has received complete training and is in a position to teach all the 
subjects and a teacher who has received training in a particular craft and 
can, therefore, properly teach • that particular craft only. Under the 
relevant Rules for appointment on the post of Primary School Teacher it 
is necessary to have B.S.T.C. or a training qualification recognised as 
equivalent to B.S.T.C. or a training qualification recognised as equivalent G 
to B.S.T.C. by the State Government. The B.S.T.C. course is a two years 
training course wherein the training is given in various subjects. The NTC 
is granted by the ITI after a course of training in a particular craft. By 
order dated November 8, 1979, the State Government recognised the NTC 
pen by ITI for teaching vocational

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