YOGESH KUMAR AND ORS. versus GOVERNMENT OF NTC DELHI AND ORS.

Citation: [2003] 2 S.C.R. 662 · Decided: 05-03-2003 · Supreme Court of India · Bench: BRIJESH KUMAR · Disposal: Dismissed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
YOGESH KUMAR AND ORS. 
V. 
GOVERNMENT OF NTC DELHI AND ORS. 
MARCH 5, 2003 
B 
[BRIJESH KUMAR AND D.M. DHARMADHIKARI, JJ. ] 
Service Law: 
Education-Appointment/Selection-Post of Primary Teachers-Requisite 
C qualification 10th pass with 2 years teacher Training Certificate or I 2th pass 
with one year Teacher Training Certificate-8.Ed degree holders seeking 
recruitment-High Court rejecting the same-Justification of-Held, since B.Ed. 
not being the prescribed qualification such candidate cannot be given entry----,-
Specialized training given to teachers for training small children at prima1y 
D level cannot be compared with training given for awarding B.Ed. degree-
Thus, order of High Court justified 
Advertisement was issued for recruitment of primary teachers in 
Municipal Corporation Schools. The required qualification was 10th pass with 
two year teacher training or 12th pass with one year teacher training 
E certificate. Appellants, holders of B.Ed. degree approached Hi1:h Court for 
appointment to these posts. High Court dismissed the same. Hence the present 
appeal. 
Appellants contended that under the terms of the advertisement for 
recruitment, B.Ed. is included in the prescribed qualification and just at the 
F nick of final selection the authorities were not right in declaring them ineligible 
for recruitment; that as one year's Trained Teachers Certificate is not granted 
anywhere by any institution, it should be treated to be to mean B.Ed. degree 
which is a one year Teachers training course after Graduation; that B.Ed. 
qualification should be treated as higher qualification than TTC because 
G primary teachers recruited on TIC qualification can get promotion as teachers 
to teach higher classes and B.Ed. is the prescribed qualification for higher 
classes; and that the long standing practice of considering and appointing 
candidates with B.Ed. degree should be taken as aid to construe the terms of 
the advertisement for recruitment of primary teachers in Municipal 
Corporation Schools. 
H 
662 
, .. 
YOGESH KUMAR v. GOVT. OF NTC DELHI 
663 
Dismissing the appeal, the Court 
HELD: 1.1. The High Court rightly concluded that B.Ed. qualification, 
although a well recognized qualification in the field of teaching and education 
being not prescribed in the advertisement, only some of the B.Ed. candidates 
who took a chance to apply for the post cannot be given entry in the field of 
selection; and that teacher training imparted to teachers for B.Ed. course 
equips them for teaching higher classes. A specialized training given to 
teachers for teaching small children at primary level cannot be compared with 
training given for awarding B.Ed. degree. Merely because primary teachers 
can also earn promotion to the post of teachers to teach higher classes and 
A 
B 
for which B.Ed. is the prescribed qualification, B.Ed. cannot be held to be C 
higher qualification than TTC. Furthermore, looking to the different nature 
of TTC qualification the High Court rigbtly held that it is not comparable 
with B.Ed. degree qualification and the latter cannot be treated as higher 
qualification to the former. 1665-D, E, F) 
1.2. Recruitment to Public Services should be held strictly in accordance D 
with the terms of advertisement and the recruitment rules, if any. Deviation 
from the Rules allows entry to ineligible persons and deprives many others 
who could have competed for the post. Merely because in the past some 
deviation and departure was made in considering the B.Ed. candidates and 
that was so done because of paucity of TTC candidates, a patent illegality E 
cannot be allowed to continue. The recruitment authorities were well aware 
that candidates with qualification of TIC and B.Ed. are available yet they 
chose to restrict entry for appointment only to TTC pass candidates. It is open 
to the recruiting authorities to evolve a policy of recruitment and to decide 
the source from which the recruitment is to be made. (666-B, CJ 
1.3. It is projected that presently more candidates available for 
recruitment to primary school are from B.Ed. category and very few from 
TTC category. Whether for the aforesaid reasons, B.Ed. qualification can also 
F 
be prescribed for primary teachers is a question to be considered by the 
authorities concerned but this Court cannot consider B.Ed. candidates for the 
present vacancies advertised as eligible. Therefore, the High Court was G 
justified in coming to the conclusion tha

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