LexSTATE OF UTTRAKHAND & ORS. versus DEEP CHANDRA TEWARI & ANR.
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A B [2013] 17 S.C.R. 1016 STATE OF UTTRAKHAND & ORS. v. DEEP CHANDRA TEWARI & ANR. (Civil Appeal No. 9902 of 2013) NOVEMBER 01, 2013 [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Service Law - Recruitment - Qualification - Post of Assistant Teacher (General) - Rejection of the candidature C of respondents on the groL..1d that they did not hold the decree as per the prescribed rules and notification - Justification - Held: Justified - In the instant case, essential education qualification prescribed in the relevant rules was B.Ed. Degree, whereas the respondents had done B.Ed. D Specialisation in Vocational Education - Action of the Government cannot be faulted with, in rejecting the candidature of the Respondents because they did not have the qualification, as mentioned in the advertisement viz. B.Ed. Degree simplicitor - Assistant Teachers were meaflt to impart E education to students at primary level - For teaching primary students, subjects studied while doing basic B.Ed. Degree would be relevant and appropriate - For teaching such students, B. Ed. with Specialisation in vocational education would be of no use as those students are not imparted F vocational education, which is the thrust in the degree obtained by the Respondents - Uttrakhand Subordinate Education (Training Graduate Grade) Service Rules. The Director, School Education, Uttrakhand, issued advertisement, inviting applications from eligible persons G for appointment as Assistant Teachers (General) by way of direct recruitment. The essential education qualification prescribed in the relevant rules was B.Ed. Degree, whereas the respondents had done B.Ed. H 1016 STATE OF UTTRAKHAND v. DEEP CHANDRA 1017 TEWARI Specialisation in Vocational Education. On the premise A that the Respondents did not hold the decree as per the prescribed rules and notification, applications submitted by them were not considered. Aggrieved, the Respondents filed Writ Petition, which was allowed by the High Court, and therefore the present appeals. B Allowing the appeals, the Court HELD:1. For the post in question i.e. Assistant Teacher (General), the qualification is simply Bachelor degree in any of two subjects, Geography, Economics, C Political Science and History from any university established by law in India, or L.T. Diploma from any training institution/degree college. Respondents had done f 'Cd Specialisation in Vocational Education. If B.Ed. with Specialisation in Vocational Education was the D required qualification, then it would have been specifically mentioned in the notification, which has not been done. Consequently, this Court has to take it that the B.Ed. degree mentioned in the advertisement is B.Ed. degree simplicitor and not B.Ed. with Specialisation in E Vocational Education. The post to be filled up i.e. Assistant Teacher (General) nowhere indicates that for the purpose of appointment to the said post, specialization in vocational education is a necessary requirement. [Paras 9] [1023-C-F] F 2. No doubt, normal rule would be that candidate with higher qualification is d.eemed to fulfill the lower qualification prescribed for a post. But that higher qualification has to be in the same channel. Further, this rule will be subject to an exception. Where the G prescription. of a particular qualification is found to be relevant for discharging the functions of that post and at the same time, the Government is able to demonstrate that for want of said qualification a candidate may not be suitable for the post, even if he possesses "better" H 1018 SUPREME COURT REPORTS [2013] 17 S.C.R. A qualification but that "better" qualification has no relevance with the functions attached with the post. In the present case; the situation falls in this excepted category. The Assistant Teacher is meant to impart education to students at primary level. For teaching primary students, B subjects studied while doing basic B.Ed. Degree would be relevant and appropriate. For teaching such students, B.Ed. with Specialisation in vocational education would be of no use as those students are not imparted vocational education,.wtiich is the thrust in the degree c obtained by the Respondents. In the instanf'case, proficiency in the basic subjects taught at primary level is required and thus vocational training would not serve any purpose. Thus, when in the instant case, essential education qualificati
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