STATE OF HARYANA AND ANOTHER versus SANDEEP SINGH AND OTHERS

[2019] 7 S.C.R. 181

STATE OF HARYANA AND ANOTHER

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 Teachersappointed under 1998 Rules whose post had been converted toTrained Graduate Teacher (TGT) under r. 9(5) of 2012 Rules –Single Judge as well as Division Bench of High Court held thatonce C&V Teachers have been considered as member of TGT Cadre,they cannot be denied consideration for promotion to the post ofElementary 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 promotionalpost to the C&V Teachers appointed under 1998 Rules – Theconversion of C&V Teachers to TGT was so as to avoid anomaloussituation and not for upgrading them as members of TGT Cadre –The feeder and promotional cadre cannot be treated at par by virtueof the expression used in r. 9(5) of 2012 Rules – The purpose of the2012 Rules is better served by ensuring education to the studentsby TGT rather than C&V Teachers – The interpretation whichsubserves the cause of education is to be preferred – The order ofHigh Court violates the cumulative reading of the 2012 Rules anddefeats the cause of the primary education the State guaranteed byArt. 21A of the Constitution – Haryana School Education (GroupC) State Cadre Service Rules, 2012 – r. 9(5) – Haryana StateEducation School Cadre (Group C) Service Rules, 1998 – r. 9 –Constitution of India – Art. 21A.

182SUPREME COURT REPORTS

AAllowing the appeal, the Court

HELD : 1. The High Court has taken simplistic view onthe bare reading of Rule 9 (5) of Haryana School education (GroupC) State Cadre Service Rules, 2012 to hold that with thecommencement of 2012 Rules, the C&V Teachers become partBof TGT Cadre and as part of the TGT Cadre, they become entitledfor promotion to the post of Elementary School Headmaster fromthe day their juniors were promoted to such post. [Para 15][194-A-B]

2. The appointment of the writ petitioners as C&V TeacherCis prior to the commencement of 2012 Rules. The 1998 Rulescontemplate direct recruitment to the post of Master and tovarious other disciplines, commonly called as C&V Teachers. Infact, the post of Master is promotion post for C&V Teachers interms of Rule 9 of the 1998 Rules. The qualification for the postof Art Master by way of direct recruitment and promotion isDGraduate or Matric/10+2 with 5 years Degree/Diploma. However,for promotion the additional qualification is 3 years’ experienceon the post of JBT and C&V Teachers. [Para 16] [194-D-F]

3. The reading of the entire 2012 Rules shows that theMasters appointed under 1998 Rules alone were holdingEequivalent post to that of the members of the cadre of TGT. It issuch category alone who are entitled to be promoted to the postof Elementary School Headmaster in terms of the qualificationsprescribed in Appendix particularly in view of Rule 2(h) andRule 7 of the 2012 Rules. TGT means Trained Graduate TeacherFin the relevant subject appointed after notification of the 2012Rules and include the Masters appointed before the notificationof these Rules. Therefore, the Masters appointed in terms of1998 Rules are only the Trained Graduate Teachers in terms of2012 Rules. The post of Master under the 1998 Rules or thePost of TGT under the 2012 Rules is in fact promotion post forGthe C&V Teachers. [Para 18] [195-B-D]

4. The reading of the 2012 Rules would show that C&VTeachers are treated to be TGT so as to avoid anomalous situationwhere the C&V Teachers after the commencement of 2012 Ruleswould not be governed by any set of Rules. Therefore, theHexpression that such C&V Teachers stand converted to TGT is

only to facilitate their service conditions to be governed by the2012 Rules rather than to upgrade the C&V Teachers asmembers of TGT Cadre. The feeder and the promotional cadrecannot be treated at par by virtue of the expression used in Rule9(5) of 2012 Rules that the C&V Teachers shall be converted toTGT. Such conversion is only for limited purpose of 2012 Rulesbeing extended to them and that such C&V Teachers do notbecome member of the “cadre” eligible for promotion asElementary School Headmaster. Rule 9(5) of 2012 Rules doesnot use the word “cadre”. Therefore, such teachers cannot betreated to be part of TGT cadre. Such interpretation is furthersupported by the fact that C&V Teacher is dying cadre and nofurther recruitment is to be made in these categories. [Para 20][195-F-H; 196-A-B]

5. The TGTs are engaged to provide elementary education.The purpose of the Rules is better served by ensuring educationto the students of primary schools in the State by Trained GraduateTeachers rather than C&V Teachers who were being engagedearlier. It is upgradation of qualification of teachers to be engagedfor teaching the students of the primary schools for appointmentas TGTs. Therefore, the interpretation which sub serves causeof education is to be preferred as against the interpretationleading to anomalous result, more so it is not warranted by thecumulative reading of the 2012 Rules. [Para 22] [196-D-E]

6. Therefore, the order passed by the High Court that C&VTeachers become member of the TGT Cadre after thecommencement of 2012 Rules in fact violates the cumulativereading of the 2012 Rules and defeats the cause of the primaryeducation in the State guaranteed by Article 21A of theConstitution. [Para 23] [196-E-F]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4546of 2019.

From the Judgment and Order dated 03.12.2014 of the High Courtof Punjab and Haryana at Chandigarh in LPA No. 1992 of 2014 (O&M).

Arun Bhardwaj, AAG, Rameshwar Singh Malik, Sr. Adv., AshishPandey, Vishwa Pal Singh, Harikesh Singh, Ms. Beena, Satish Kumar,Advs. for the appearing parties.

AThe Judgment of the Court was delivered by

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order dated03.12.2014 passed by the Division Bench of High Court of Punjab andHaryana in an intra court appeal under Clause X of the Letters Patent.B

2. The grievance of the respondents (hereinafter referred to as“writ petitioners”) in the writ petition filed under Article 226 of theConstitution is that the post of Drawing Teacher had been converted toTrained Graduate Teacher (TGT) under Rule 9(5) of the Haryana SchoolEducation (Group C) State Cadre Service Rules, 2012[1]. Two juniors toCthe writ petitioners have been promoted as Elementary SchoolHeadmasters, therefore, the writ petitioners are also entitled to getpromoted from the day their juniors were promoted.3. The contention of the writ petitioners is that they possess seniorsecondary qualification with 2 years Diploma in Art & Craft and thatDthey also possess qualification of B.A. and B.Ed. Initially, services ofthe writ petitioners were governed by Haryana State Education SchoolCadre (Group C) Service Rules, 1998[2] which have since been replacedby the 2012 Rules. In terms of Rule 9 (5) of 2012 Rules, the Classical &Vernacular (C&V) Cadre Teachers, such as the writ petitioners, areEdeemed to be converted to TGT in the relevant subject though no furtherrecruitment shall be conducted to these categories of C&V Teachers.The contention of the writ petitioners is that they fulfil the qualificationprescribed for the post of Elementary School Headmaster, therefore,they are entitled to be considered for promotion to the said post basedupon seniority in terms of Rule 11 of 2012 Rules.F

4. The stand of the State is that the writ petitioners are not entitledfor promotion to the post of Elementary School Headmaster as they donot fulfil the requisite qualification for appointment to the post of TGTunder 2012 Rules.

G5. The learned Single Bench relying upon Rule 9(5) of 2012 Rulesheld that the C&V Teachers stand converted to TGT Cadre, therefore,they would be entitled to consideration for promotion to the post ofElementary School Headmaster. It was held as under:

1 2012 RulesH2 1998 Rules

“As per Rule 9 of the 2012 Rules, for promotion to the post ofElementary School Headmaster, 85% posts have been keptreserved for promotion from amongst the TGTs. Since thepetitioners now belong to the TGT Cadre, they would be entitledto consideration for promotion to the post of the Elementary SchoolHeadmaster provided they fulfil the qualifications for the post, forwhich they are claiming promotion. The eligibility for promotionto the post of Elementary School Headmaster is B.A. B.Ed. andsince the petitioners fulfil the requisite qualifications for the saidpost, they are entitled to be considered for promotion to the saidpost according to their seniority, which has to be determined bythe respondents as per Rule 11 of the 2012 Rules.”

6. The intra court appeal preferred by the State was dismissedfor the reason that once C&V Teachers have been considered as themembers of TGT Cadre they cannot be denied the promotion post ofElementary School Headmaster against 85 per cent quota earmarkedfor TGTs.

7. Learned Counsel for the appellant argued that Rule 9(5) of2012 Rules only gives notional designation of TGT to C&V Teachersappointed under 1998 Rules and that the Rule 9(5) of the 2012 Rulescannot be read in isolation. It is contended that under 1998 Rules, therewere C&V Teachers and Masters. The equivalent post of TGT in the1998 Rules is Master, which is promotion post of C&V Teachers suchas the writ petitioners. cumulative reading of various provisions of2012 Rules does not contemplate to treat C&V teachers as TGT, theMaster being promotion post for C&V Teachers.

8. The minimum educational qualification for C&V Teachers interms of 1998 Rules in the subject of Drawing was Matric from HaryanaSchool Education Board or equivalent qualification recognized by theHaryana School Education Board as well as 2 years Diploma in Art andCraft Examination, whereas, for the promotion to the post of Art Master,the minimum qualification is B.A. with Art as one of the Elective Subjectand B.T./B.Ed from recognized University or Matric/10+2 with 5 yearsDegree/Diploma from recognized University.

9. It is contended that TGTs under 2012 Rules are defined tomean the teachers appointed in the relevant subject after framing of

A2012 Rules and also include Masters appointed before the notification ofthese Rules. It is only the Master who falls within the definition of TGTunder the 2012 Rules, whereas, the C&V Teachers are converted toTGT notionally as dying Cadre to avoid anomalous situation of the C&VTeachers without being in any Cadre.

10. The qualification for an appointment of TGT is Graduation;B.Ed and certificate of having qualified Haryana Teachers EligibilityTest(HTET)/ School Teachers Eligibility Test(STET). The writ petitionerscannot be treated to be the members of TGT Cadre under 2012 Rulesas the post of Master is equivalent to the Post of TGT, which is in fact,a promotion post for C&V Teachers under the 1998 Rules.

11. On the other hand, the learned Senior Counsel for the writpetitioners supported the reasoning given by the High Court that oncethe C&V Teachers are converted to TGT, therefore, they have to betreated as the members of TGT Cadre itself and Rule 9(5) of the 2012Rules cannot be given any other meaning as the language of the RulesDleaves no manner of doubt that the C&V Teachers are now to be deemedto be part of TGT cadre.

12. The relevant Rules need to be extracted at this stage toappreciate the respective contention of the parties. The relevant provisionsof the 1998 Rules read as under:E

“6. (1)Appointments to the posts in the Service in case ofMiddle School Headmaster, Social Studies Master, Science Master,Mathematics Master, Agriculture Master, Commerce Master,Demonstrator in Physical Education (P.T. Master), Home ScienceMaster, Art Master and Music Master shall be made by JointFDirector Schools.

(2) Appointments to the posts in the Service in case of SanskritTeacher, Hindi Teacher, Punjabi Teacher, Physical Training,Instructor, Art and Craft Teacher (Drawing Teacher), TailoringTeacher and Tabla Player shall be made by the respective DistrictGEducation Officers of the concerned district.

*********

9. (1) Recruitment in the Service shall be made:-

(a) in the case of Middle School Headmaster,

(i) by promotion from amongst Master; or

*********

(b) in the case of Social Study Masters-

(i) 50% by promotion from amongst J.B.T. and C&V Teachers;and

(ii) 50% by direct recruitment; or

(iii) by transfer of deputation of an official already in serviceof any State Government or the Governmentof India;

(c) in the case of Science Master:-

(i) 20% by promotion from amongst the J.B.T. and C&VTeacher; and

(ii) 80% by direct recruitment; or

(iii) by transfer or deputation of an official already in serviceof any State Government of India;

(d) in the case of Mathematics Master:-

(i) 20% by promotion from amongst J.B.T. an C&V Teachers;

and

(ii) 80% by direct recruitment; or

(iii) by transfer or deputation of an official already in the serviceof any State Government or the Governmentof India;

(e)*********

*********

(o) in the case of Art and Craft Teacher (Drawing Teacher)

(i) by direct recruitment; or

(ii) by transfer or deputation of an official already in the serviceof any State Government or the Government of India;

*** ******

[2019] 7 S.C.R.

AAPPENDIX(See Rule-3)S r .D s i n t i o n m i mi N o .o P o s t s q u l i i t i o n s q u li i t io n s n x p r i n n x p r ie n i n y o r ir t i n y o r r r u it me n t p p o in t m n t Bo t r i r t t n y r r u i t me n t 1 - 8* * * * * * * * * 9 . r t Ma s t r ( i ) . . wi t ( i ) . w i t r t r t s o n o s o n o t t l t i v l t i v s u j t S u j t n n . T . / . . T / . r o mf r o ma r o n i z r o n i z Cu n i v r s i t y . u n i v r s i t y . O RO R M t r i / 1 0 +2 Ma t r i / 1 0 + 2 w i t 5 y r s w i t 5 y r s r / i p l o m r / i p l o ma i n r t s r o ma i n r t s r o m r o n iz r o n i z u n i v r s i t y ; n u n i v r s i t y ; n ( i i ) k n o wle ( ii ) K n o w l o i n i u p t o o i n i u p t o DM t r i Ma t r i S t n r S t n r ( ii i ) 3 y r s x p r i n o n t p o s t o J T n & V T r . 1 0 -* * * * * * * * * 1 4 1 5 . r t n ( i ) Ma t r i r o m( i ) M t r ic r o mEC r t r y n S o o l r y n S o o l T r u t io n u t i o n o r ( r win o r o r n o r n q u i v l n t T r ) q u i v l n t q u li i t io n q u l i i t i o n r o n i z y r o n iz y t r y n t r y n S o o l S o o l u t i o n u t io n o r ; o r ; ( ii ) 2 y r s F( i i ) 2 y r s i p l o m in r t i p l o ma i n r t n r t n r t x mi n t i o n x m i n t io n o n u t y o n u t y t r y n t r y n I n u s t r i l I n u s t r i l T r i n in T r i n i n p r t me n t o r p r t m n t o r n q u i v l n t Ga n q u i v l n t q u li i t io n q u l i i t i o n r o n i z y r o n iz y t r y n t r y n S o o l S o o l u t i o n u t io n o r ; o r ; ( ii i ) K n o w l ( i i i ) K n o w le o i n i u p t o o i n i u p t o Ma t r i S t n r .M t r i HS t n r .

13. The similar qualifications exist for appointment to the othercategories of C&V Teachers and of promotion to the post of Masters.

14. The 1998 Rules were repealed when the 2012 Rules werenotified on 11[th] April 2012. The relevant extracts from such Rules are asunder:

“2. In these Rules, unless the context otherwise requires,-

(a)*********

(e) “direct recruitment” means an appointment made otherwisethan by promotion from within the Service or by transfer of anofficial already in the Service of the Government of India or anyState Government.

*********

(h) “TGT” means Trained Graduate Teacher in the relevant subjectappointed after notification of these rules and shall include mastersappointed before notification of these rules;

(i) “PRT” means Primary Teacher appointed after notification ofthese rules and shall include junior basic (JBT) teachers appointedbefore notification of these rules.

*********

3. The Service shall comprise of the posts shown in Appendix Ato these rules;

Provided that nothing in these rules shall affect the inherentright of Government to make additions to or reductions in, thenumber of such posts or to create new posts with differentdesignations and scales of pay, either permanently or temporarily.

*********

7. No person shall be appointed to any post in the Service, unlesshe is in possession of qualifications and experience specified incolumn 3 of Appendix to these rules in the case of directrecruitment on contract basis and those specified in Column 4 ofthe aforesaid Appendix in the case of persons appointed otherthan by direct recruitment on contractual basis:

AProvided that in case of on contractual basis direct recruitment,if the required number of candidates of Scheduled Caste,Backward Class, other backward classes, Ex-Servicemen andphysically Handicapped having not the required the experienceare not available against the vacancies reserved for them, thenrelaxation in experience upto the limit of fifty percent may byBorder, for reason to be recorded in writing, given at the discretionof the recruiting agency.

* ********

9. (1) Recruitment in the Service shall be made:-

(a) In the case of Elementary School Head Master:-

(i) 85% by promotion from amongst TGTs; and

(ii) 7% by promotion from Hindi teachers; and

(iii) 7% by promotion from Sanskrit teacher;and

(iv) 1% by promotion from Punjabi teacher; or

(v) by transfer or deputation of an officialalready inservice of any State Government, Government of Indiaor from the Haryana State Education School Cadre(Group C) Service;

(b) to (k)*********

(l) In the case of TGT Art,—

(i) 67% by direct recruitment on contract basis; and

(ii) 33% by promotion from amongst Primary Teachers(PRTs)/Classical & Vernacular (C&V) Teachers; or

(iii) by transfer or deputation of an official already in serviceof any State Government, Government of India;

*********

(5) The present Classical & Vernacular (C&V) Cadre consistingof the posts of Sanskrit Teachers, Hindi Teachers, PunjabiTeachers, Physical Training Instructors (PTIs), Art & CraftTeachers (Drawing Teachers), Tailoring Teachers and TablaPlayers and governed by the Haryana State Education SchoolCadre (Group C) Service Rules, 1998shall be converted to TGT

in relevant subject and no further recruitment shall be made tothese categories when the present incumbent on the notificationof these rules vacate the post on his promotion, retirement or anyother purpose. (Emphasis Supplied)

*********

APPENDIX A(See Rule 3)

SN Designation of Number of PostsScale of PayPosts Permanent Temporary Total Pay Band Grade CPay1 Elementary 5207 5207 9300-4800 School Head 34800 Master2 TGT Social 5513 3307 8820 9300-4600 Studies 34800 D3 TGT Science 3014 1579 4593 9300-4600 348004 TGT 2566 2129 4695 9300-4600 Mathematics34800 5 TGT English 9300-4600 34800E6 TGT Hindi 9300-4600 34800 7 TGT Sanskrit 9300-4600 348008 TGT Punjabi 9300-4600 34800 F9 TGT Urdu 1 0 1 9300-4600 3480010TGT Physical 918 179 1097 9300-4600 Education 34800 11TGT Home 167 129 296 9300-4600 Science34800G12TGT Art 0 1 1 9300-4600 34800 13TGT Music 58 33 91 9300-4600 34800

AAPPENDIX

(See Rule 7)BCDEFGH

15. We find that the High Court has taken simplistic view on thebare reading of Rule 9 (5) of 2012 Rules to hold that with thecommencement of 2012 Rules, the C&V Teachers become part of TGTCadre and as part of the TGT Cadre, they become entitled for promotionDto the post of Elementary School Headmaster from the day their juniorswere promoted to such post.

16. The appointment of the writ petitioners as C&V Teacher isprior to the commencement of 2012 Rules. The 1998 Rules contemplatedirect recruitment to the post of Master and to various other disciplines,commonly called as C&V Teachers. In fact, the post of Master is aEpromotion 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 recruitmentand promotion is Graduate or Matric/10+2 with 5 years Degree/Diploma.However, for promotion the additional qualification is 3 years’ experienceon the post of JBT and C&V Teachers.

17. The post of TGT is contemplated to be filled up by directrecruitment and by promotion from amongst primary teachers/C&VTeachers. Column 3 of the Appendix of 2012 Rules prescribes theacademic qualifications and experience for direct recruitment on contractbasis whereas, Column 4 prescribes academic qualifications andGexperience for appointment other than by direct recruitment on contractbasis. The qualifications for filling up the post of TGT by way of promotionare B.F.A/B.A and 2-year Diploma in Elementary Education; or B.F.A/B.A with at least 50% marks and 1-year Bachelor in Education (B.Ed.);or B.F.A/B.A with at least 45% marks and 1-year Bachelor in Education(B.Ed.); in accordance with the NCTE (Recognition Norms and

Procedure) Regulations issued from time to time in this regard; or SeniorSecondary (or its equivalent) with at least 50% marks and 4 year B.A.Ed. Etc. and 3 years’ experience as Primary Teacher (PRT)/Classical& Vernacular (C&V) Teacher. Thus, the post of TGT is promotionpost for C&V Teachers as well.

18. Therefore, the reading of the entire 2012 Rules shows thatthe Masters appointed under 1998 Rules alone were holding equivalentpost to that of the members of the cadre of TGT. It is such categoryalone who are entitled to be promoted to the post of Elementary SchoolHeadmaster in terms of the qualifications prescribed in Appendix Bparticularly in view of Rule 2(h) and Rule 7 of the 2012 Rules. TGTmeans Trained Graduate Teacher in the relevant subject appointedafter notification of the 2012 Rules and include the Masters appointedbefore the notification of these Rules. Therefore, the Masters appointedin terms of 1998 Rules are only the Trained Graduate Teachers in termsof 2012 Rules. The post of Master under the 1998 Rules or the Post ofTGT under the 2012 Rules is in fact promotion post for the C&VTeachers.19. The entire argument of the appellants is based upon theexpression used that C&V Teachers governed by 1998 Rules shall be“converted to TGT in relevant subject”. The question is whethersuch C&V Teachers stand upgraded to the post of TGT though, theirpromotion channel under 1998 Rules was to the post of Master whichalone has been treated as TGT as defined in Rule 2(h) of the 2012 Rulesand in view of express language of Rule 7 which mandates that theappointment shall be made to the post of TGT only in accordance withthe qualifications prescribed in 2012 Rules.

20. The reading of the Rules would show that C&V Teachers aretreated to be TGT so as to avoid anomalous situation where the C&VTeachers after the commencement of 2012 Rules would not be governedby any set of Rules. Therefore, the expression that such C&V Teachersstand converted to TGT is only to facilitate their service conditions to begoverned by the 2012 Rules rather than to upgrade the C&V Teachersas members of TGT Cadre. The feeder and the promotional cadrecannot be treated at par by virtue of the expression used in Rule 9(5) of2012 Rules that the C&V Teachers shall be converted to TGT. Suchconversion is only for limited purpose of 2012 Rules being extended tothem and that such C&V Teachers do not become member of the

A“cadre” eligible for promotion as Elementary School Headmaster. Rule9(5) of 2012 Rules does not use the word “cadre”. Therefore, suchteachers cannot be treated to be part of TGT cadre. Such interpretationis further supported by the fact that C&V Teacher is dying cadre andno further recruitment is to be made in these categories.

B21. Such C&V Teachers, if eligible, can seek appointment byway of direct recruitment or other than by direct recruitment in termsof the academic qualifications and experience contained in Appendix Bof 2012 Rules but they cannot be treated en masse as members of TGTCadre. The State may consider to provide opportunity to such teachersfor appointment as TGTs.C

22. The TGTs are engaged to provide elementary education. Thepurpose of the Rules is better served by ensuring education to the studentsof primary schools in the State by Trained Graduate Teachers ratherthan C&V Teachers who were being engaged earlier. It is upgradationof qualification of teachers to be engaged for teaching the students ofDthe primary schools for appointment as TGTs. Therefore, the interpretationwhich sub serves cause of education is to be preferred as against theinterpretation leading to anomalous result, more so it is not warranted bythe cumulative reading of the 2012 Rules.

23. In view of the above, we find that the order passed by theEHigh Court that C&V Teachers become member of the TGT Cadreafter the commencement of 2012 Rules in fact violates the cumulativereading of the 2012 Rules and defeats the cause of the primary educationin the State guaranteed by Article 21A of the Constitution.

24. Consequently, the appeal is allowed and the order passed byFthe High Court is set aside.

Kalpana K. Tripathy

Appeal allowed.