Case Note & Summary
The appellant, Manilal, applied for the post of Teacher Grade III Level II in the Scheduled Area (TSP) under an advertisement dated 11.09.2017 issued by the State of Rajasthan under the Rajasthan Panchayati Raj Act, 1994 and Rules, 1996. The advertisement required minimum educational qualifications including a graduation degree with at least 50% marks (45% for reserved categories) for those who took admission to B.Ed after 31.08.2009. The appellant, belonging to a reserved category, had secured 44.58% marks in graduation and had taken admission to the B.Ed course on 23.10.2009 by depositing the fee. Despite meeting the cut-off marks, his name did not appear in the provisional selection list, and he was informed that his candidature was rejected because he had less than 45% marks in graduation. Aggrieved, he filed a writ petition before the Rajasthan High Court, which was dismissed by the learned Single Judge on 27.11.2018. His appeal before the Division Bench was also dismissed on 27.04.2022. Meanwhile, the National Council for Teacher Education (NCTE) issued a supplementary notification on 13.11.2019, made retrospective from 29.07.2011, clarifying that the minimum percentage of marks in graduation shall not be applicable to those incumbents who had already taken admission to the B.Ed or equivalent course prior to 29.07.2011. This notification was a sequel to the Supreme Court's judgment in Neeraj Kumar Rai v. State of U.P. (2017). The appellant then approached the Supreme Court. The Supreme Court allowed the appeal, setting aside the High Court's orders. It held that the appellant, having taken admission to B.Ed on 23.10.2009, which is prior to 29.07.2011, is covered by the exemption granted by the NCTE notification. The Court directed the respondent authorities to consider the appellant's candidature for the post of Teacher Grade III Level II in accordance with the NCTE notification and the advertisement, and if found suitable, to offer him appointment within eight weeks. The Court also clarified that the appellant would not be entitled to any back wages or seniority for the period prior to his actual appointment.
Headnote
A) Service Law - Teacher Recruitment - Minimum Educational Qualifications - Rajasthan Panchayati Raj Act, 1994 and Rajasthan Panchayati Raj Rules, 1996 - The appellant applied for Teacher Grade III Level II under advertisement dated 11.09.2017. He had 44.58% marks in graduation and secured admission to B.Ed on 23.10.2009. His candidature was rejected for having less than 45% marks. The NCTE supplementary notification dated 13.11.2019, made retrospective from 29.07.2011, provides that minimum percentage of marks in graduation shall not be applicable to those who had taken admission to B.Ed prior to 29.07.2011. The Supreme Court held that the appellant is covered by this exemption and is entitled to be considered for the post. (Paras 4-14) B) Service Law - Retrospective Amendment - NCTE Notification - National Council for Teacher Education Act, 1993 - The NCTE issued a supplementary notification on 13.11.2019, deemed to have come into force on 29.07.2011, exempting incumbents who took admission to B.Ed prior to 29.07.2011 from the requirement of minimum percentage of marks in graduation. The Court held that the retrospective amendment does not adversely affect others and must be given effect to. (Paras 8-9) C) Service Law - Admission Date - Relation Back - Rajasthan Panchayati Raj Rules, 1996 - The Court accepted that the date of admission to B.Ed course relates back to the date of fee deposit or first counseling, as held in Ankul Singhal. The appellant deposited fee on 23.10.2009, which is prior to 29.07.2011, thus he is covered by the exemption. (Paras 5, 11)
Issue of Consideration
Whether the appellant, who secured admission to B.Ed course on 23.10.2009 with 44.58% marks in graduation, is entitled to be considered for the post of Teacher Grade III Level II despite having less than 45% marks in graduation, in light of the NCTE supplementary notification dated 13.11.2019 which retrospectively exempts minimum percentage of marks in graduation for those who took admission prior to 29 July 2011.
Final Decision
The Supreme Court allowed the appeal, set aside the judgment of the Division Bench dated 27.04.2022 and the order of the learned Single Judge dated 27.11.2018. The Court directed the respondent authorities to consider the appellant's candidature for the post of Teacher Grade III Level II in accordance with the NCTE notification dated 13.11.2019 and the advertisement dated 11.09.2017, and if found suitable, to offer him appointment within eight weeks. The appellant shall not be entitled to any back wages or seniority for the period prior to his actual appointment.
Law Points
- Retrospective application of NCTE notification
- Minimum percentage of marks in graduation not applicable to incumbents who took admission to B.Ed prior to 29 July 2011
- Admission date relates back to fee deposit or first counseling
- No adverse effect on others by retrospective amendment
