G. Joseph And Another vs State Of Telangana

,,,,,

The writ appeals are filed assailing the order dated 07.04.2021 passed by the learned Single Judge in WP.No.19040 0f 2019 and batch including,,,,,

WP.No.19653 of 2019 and WP.No.19873 of 2019.,,,,,

WP.No.19653 of 2019 was filed by the petitioner, being aggrieved by the action of the respondent No.2 of rejecting his candidature for the post of",,,,,

Principal (School) in various REIS under Notification No.29/2107 dated 02.06.2017 by declining to consider his ‘administrative experience prior to,,,,,

acquiring B.Ed. in 2007’ as a Head Master, as illegal, arbitrary and unconstitutional and for setting aside the Web Note dated 28.08.2019 issued by",,,,,

the respondent No.2 for general recruitment and consequently, direct the respondents to allow the petitioner to participate in the interview for selection",,,,,

to the post of Principal, by considering his administrative experience acquired before doing the B.Ed. course.",,,,,

WP.No.19873 of 2019 was filed by the petitioner for not considering the teaching experience of 5 years and 4 years of administrative experience as,,,,,

a Principal for the post of Principal (School) in various REIS under Notification No.29/2017 dated 02.06.2017 issued by the respondent No.2 and for,,,,,

setting aside the rejection Memo. No.500/Principal REIS/2016 dated 18.07.2019 issued by the respondent No.2 and also setting aside the Web Note,,,,,

dated 28.08.2019 issued by the respondent No.2 for general recruitment and consequently, directing the respondents to allow the petitioner to",,,,,

participate in the interview and select him for the post of Principal.,,,,,

Notification No.29 of 2017 dated 02.06.2017 was issued by the respondents inviting online applications from qualified candidates for filling up 304,,,,,

posts of ‘Principal (School) in Residential Educational Institutions Societies’. As per the said notification, the candidate must possess a Second",,,,,

Class Master’s Degree or its equivalent from an institution recognized by the UGC, in the relevant school subjects for which the Post Graduate",,,,,

Teachers (PGT) are eligible with not less than 50% of marks in aggregate or its equivalent or must possess a B.Ed. or equivalent degree from an,,,,,

institution recognized by the NCTE with the Teaching Methodology in the concerned subject. In addition to the above educational qualifications, a",,,,,

candidate must also possess a total teaching experience of not less than 8 years including not less than 5 years as PGT/Junior Lecturer in any,,,,,

Government/Aided/Government recognized High School/Junior College and 3 years of administrative experience as Head Master/Principal of,,,,,

Government/ Aided/Government recognized High School/Junior College. It was further prescribed that knowledge of computer applications is also,,,,,

desirable.,,,,,

The recruitment process comprised of two stages i.e. Preliminary (screening test) and Mains examination (both, objective type), followed by",,,,,

interview. All the petitioners appeared for the test conducted by the respondents pursuant to the above notification. The petitioners were short listed,,,,,

for further process of selection. But at the time of verification of their documents i.e. prior to the stage of conducting the interview, the candidature of",,,,,

the petitioners were rejected citing the reason, ‘administrative experience prior to acquiring B.Ed’ and ‘teaching experience not",,,,,

considered’ respectively.,,,,,

The petitioner in WP.No.19653 of 2019 pleaded that pursuant to the notification No.29/2017 dated 02.06.2017, he had applied for the post of",,,,,

Principal and his name was placed in the rejected list at Sl.No.7 and the reason shown for his rejection was ‘administrative experience prior to,,,,,

acquiring B.Ed. in 2007’. It is the case of the petitioner that he fulfills the educational qualifications, having completed B.Sc. (B.Zc.) in April, 1996",,,,,

and M.Sc. (Marine Bio Technology) in July 1999 and B.Ed, with concerned methodology in Biological Sciences in April 2007. He completed M.Sc.",,,,,

(Botany) in November 2011. He acquired B.Ed. degree from Osmania University in April 2007. He had been working as a Contract Junior Lecturer,,,,,

(Botany), Government Junior College, Vangoor, Nagarkurnool District from 30.07.2008 till date and earlier to that, he had worked as a Head Master",,,,,

in Government Recognized Sri Sharada Vidya Nilayam, Kondamallepally, Nalgonda District from 18.01.2001 to 24.04.2005. Further, it is his case that",,,,,

a reading of Condition No.4(b) of the notification gives an understating that the a candidate should have the educational qualification as shown in,,,,,

Condition No.4(a) and teaching experience as mentioned in Condition No.4(b). No where has it been specifically stated in Condition No.4(b) that,,,,,

administrative experience must be coupled with B.Ed. As such, rejection of the petitioner’s case on the ground of lack of administrative",,,,,

experience before acquiring B.Ed., is not tenable.",,,,,

The petitioner in WP.No.19873 of 2019 has pleaded that he had worked in Pudemi Primary School as a Principal from 24.05.2007 to 23. 04.2009;,,,,,

worked as an English Teacher for Class VI to XI from 24.04.2009 to 22.04.2010; worked as a Degree College Lecturer from 24.04.2010 to,,,,,

11.06.2012 and worked as a Vice Principal from 12. 06.2012 to 30.11.2016 in Brilliant Grammar High School. It is his case that pursuant to,,,,,

Notification No.29/2017 dated 02.06.2017, he was selected in the Prelims. Later, the respondents released the admitted list for Interview and his name",,,,,

was shown in the rejected list at Sl.No.754 citing that he possesses only one year of teaching experience, his Degree College experience has not been",,,,,

included in the teaching experience and his administrative experience as Vice Principal and Primary School experience have also not been considered.,,,,,

It is his further case that he has a total teaching experience of 5 years and administrative experience of 4 years in a Government recognized High,,,,,

School and he fulfills the criteria of experience in teaching. Condition No.4(b) of the notification does not specifically lay down that teaching,,,,,

experience should only be from High School or Junior College. The condition does not indicate that one, who has teaching experience in a Degree",,,,,

College, is not qualified because Degree College teachers are more qualified than a High School or Junior College teachers. He further stated that he",,,,,

has administrative experience as he worked as a Vice-Principal for more than three years. Thus, the petitioner has stated that rejection of his",,,,,

candidature on the ground of having only one year teaching experience and degree college experience is untenable.,,,,,

In the common counter filed by the respondent, the following averments were made opposing the respective claims of the petitioners regarding their",,,,,

teaching experience and administrative experience:,,,,,

“32. It is respectfully submitted that, the petitioner Sri Maheshwar Gurram, with Hall Ticket No.172900009, who filed WP.No.19653 of",,,,,

2019 has acquired the qualification M.Sc. Marine Bio-Tech, A.U., 1999, First Class, M.Sc., Botany, DR. BRAOU, 2011 and B.Ed-Bio-",,,,,

Science, Telugu, OU, 2007, submitted Teaching Experience-2008 to 2017 & Administrative Experience â€" 2001 to 2005.",,,,,

I respectfully submit that, the petitioner has acquired B.Ed qualification during the year 2007 and therefore the Administrative experience",,,,,

for the period 2001 to 2005 gained by the petitioner earlier to B.Ed is not considered. Hence the petitioner has not fulfilled the conditions,,,,,

stipulated in the Notification, even though having sufficient Teaching experience.â€​",,,,,

It appears that a separate counter was not filed in WP.No.19873 of 2019 and no counter, is a part of the Court record. However, it is not disputed",,,,,

that the petitioner in the said writ petition does not possess qualification for satisfying the eligibility criteria laid down in Condition No.4(b) of the,,,,,

notification, as, admittedly, he has teaching experience as Degree College lecturer but no teaching experience as a PGT lecturer.",,,,,

It was asserted by the respondents that the candidates who do not possess 5 years teaching experience after acquiring Post Graduation i.e. as,,,,,

PGT in the High School, are not entitled to hold the post of a Principal (Schools) in REIS. Since the petitioner does not possess sufficient teaching",,,,,

experience after Post Graduation, he is not entitled to hold the post of a Principal.",,,,,

Post code,Name of the Post,Educational Qualifications & Experience,,,

1.,"Principal (School) in

Telangana

Residential Educational

Institutions Society","A. Academic Qualifications:

i) A second class Master’s Degree

(M.A./M.Sc/M.Com) or its equivalent from an institution

recognized by the UGC, in the relevant (Annexure-A)

school subjects for which the Post Graduate Teachers

(PGT) are eligible with not less than 50% of marks in

aggregate or its equivalent.

ii) In case of SC/ST/BC/Differently abled candidates, the

minimum marks shall be 45%.

iii) A B.Ed or equivalent degree from an institution

recognized by the NCTE with the Teaching Methodology

in the concerned subject.

B. Experience:

iv) A total teaching experience of not less than (8) years

including not less than (5) years as PGT/JL in any

Government/Aided/ Government recognized High School/

Junior College and (3) years of administrative experience

as Head Master/ principal of Government/Aided/

Government recognized High School/ Junior college

C. Desirable

Knowledge of Computer Applications.",,,

2.,"Principal (School) in

Telangana Social Welfare

Residential Educational

Institutions Society.",,,,

3.,"Principal (School) in

Mahatama Jothiba Phule

Telangana Backward

Classes Welfare Residential

Educational Institutions

Society.",,,,

4.,"Principal (School) in

Telangana Minorities

Welfare Residential

Educational Institutions

Society",,,,

5.,"Principal (School) in

Telangana Tribal Welfare

Residential Educational

Institutions Society.",,,,

,,,,,

,,,,,

1,19873/19,G. Joseph,"M.A., B.Ed.,","Principal from

24.05.2007 to

23.04.2009, Teacher

from 24.04.2009 to

22.04.2010, Lecturer

from 24.04.2010 to

11.06.2012, Vice

Principal from

12.06.2012 to 30.11.2016","Teaching experience

as Degree Lecturer

is not considered.

Teaching experience

with P.G. only be

considered i.e., as

Vice-Principal and

Principal of Primary

School not

considered.

2,19653/19,G. Maheshwar,"M.Sc. (Marine

Biology);

M.Sc.

(Biology) ;

B.Ed.,","Head Master from 2001-

05 in School, as Contract

Lecturer from 2008 to till

date","Administrative

Experience prior to

acquiring B.Ed. and

contract service

cannot be

considered.