K.S.P Radhakrishnan, J.— Leave granted. The Director, School Education, Uttarakhand, issued an Advertisement dated 7-8-2008, inviting applications from eligible persons for appointment as Assistant Teachers (General) by way of direct recruitment. Para 5 of the advertisement referred to the educational qualifications, operative portion of which reads as follows:
“1. Bachelor's degree in any of two subjects Geography, Economics, Political Science and History from any university established by law in India.
2. LT Diploma from any training institution/degree college.”
2. In response to the aforesaid advertisement, the respondents applied mentioning the qualifications as BEd with specialisation in vocational education. Since the respondents did not hold the decree as per the prescribed rules and notification, the applications submitted by the respondents were not considered. Aggrieved by the same, the respondents filed Writ Petition No. 1035 of 2007 before the High Court of Uttarakhand at Nainital. The learned Single Judge of the High Court vide order dated 1-9-2008 WP (SS) No. 1035 of 2007 allowed the writ petition and set aside the rejection of the candidature of the respondents for the post of Assistant Teacher (LT Grade). Direction was also given to the appellant to process the applications submitted by the respondents.
3. Aggrieved by the said order, the appellants took up the matter in appeal before the Division Bench of the High Court. The Division Bench dismissed the appeal, against which this appeal has been preferred.
4. Ms Rachana Srivastava, learned counsel appearing for the appellants, submitted that there is a marked difference between the BEd degree and the BEd with specialisation in vocational education. The advertisement made mention of only BEd degree and not BEd with specialisation in vocational education. The learned counsel submitted that the High Court has committed a grave error in equating the BEd degree with specialisation in vocational education with BEd degree simpliciter. The learned counsel submitted that the appointment of Assistant Teacher (LT Grade) is made to impart education to students in schools for which a specialisation in vocational education is not warranted.
5. Mr Anil Nag, learned counsel appearing for the respondents, on the other hand submitted that there is no marked difference between BEd simpliciter and the BEd degree with specialisation in vocational education. BEd degree obtained by the respondents, it was submitted, is a composite degree which takes in its curriculum not only general subjects meant for BEd simpliciter, but in addition subjects which are necessary for vocational training as well. Further, it was pointed out that M.J.P Rohilkhand University grants BEd degree in both general as well as BEd degree with specialisation in vocational education. Reference was also made to letter dated 13-7-2007 issued by the University. The learned counsel submitted that the High Court has rightly held that the degree of Bachelor of Education, if passed with vocational education from a recognised university, shall not be, ignored for the purpose of admission in view of the advertisement issued by the State Government.
6. The Government of Uttarakhand, in exercise of powers conferred under the proviso to Article 309 of the Constitution of India, framed the Uttarakhand Subordinate Education (Training Graduate Grade) Service Rules for the purpose of regulating recruitment and conditions of service of persons appointed under the said Rules. The Rules were notified in the Official Gazette on 28-7-2006. The Rules prescribed the qualification for Assistant Teacher in LT Grade as Bachelor degree in the subject concerned with the degree in Bachelor of Education (BEd). The subjects approved under BEd are as under:
(1) Teaching in emerging Indian society.
(2) Development of learner and teaching learning process.
(3) Essential of educational technology and management.
(4) Development of education system in India.
(5) Educational and mental measurement.
(6) Teaching in Hindi.
(7) Teaching of Social Studies.
(8) Practical: Sessions work.
Practical: Teaching skills.
7. The appellants issued an advertisement on 7-8-2006, inviting applications from eligible persons for appointment as Assistant Teachers/Teachers by way of direct recruitment. The advertisement contemplated, inter alia, that the candidates should possess the essential academic qualifications as follows:
(a) The candidate should be graduate from a recognised university in two subjects from amongst Geography, Economics, Political Science and History.
(b) The candidate should have LT diploma from any degree college or educational institution, recognised by the State Government or should be BEd from any recognised university.
(c) It was also provided that the candidate should have obtained necessary educational qualification prior to the date of publication of the advertisement. The educational syllabus should be recognised by NCTE which should be available on the website of NCTE prior to the date of advertisement.
8. The respondents, it is seen, had done BEd specialisation in vocational education. BEd specialisation in vocational education provides the following:
(1) Principle and management in education.
(2) Psychological teaching measurement.
(3) Method of teaching
(a) Business
(b) Hindi
(c) History
(4) Ateraprenol development
(5) Typewriting
(6) Office management and correspondence
(7) Practical: Practice teaching.
Comprehensive.
9. We notice that the appointment of Assistant Teacher LT Grade is made to impart education to the students in schools on the subjects which are being sanctioned in the schools. When the advertisement simply says “BEd degree”, it reveals what the appointing authority meant and what is meant is said, written and shown in the advertisement. If we go through para 5 of the notification in its entirety, we find wherever specialisation is required, it has been specifically mentioned in the advertisement. For example, for appointment to the post of Assistant Teacher Drawing, the requirement is Bachelor degree in BFA from any university established by law in India, for the post of Assistant Teacher Music, it has been stated that the requirement is Bachelor degree in instrumental or vocal in music from any university established by law in India. For the post of Assistant Teacher Home Science, it is stated the requirement is Bachelor degree with Home Arts or Home Science from any University established by law in India and for the post of Assistant Teacher Commerce, the requirement is Bachelor degree in Commerce from any university established by law in India.
10. We notice, however, for the post in question i.e Assistant Teacher (General), the qualification is simply Bachelor's degree in any of two subjects, Geography, Economics, Political Science and History from any university established by law in India, or LT Diploma from any training institution/degree college. If BEd with specialisation in vocational education was the required qualification, then it would have been specifically mentioned in the notification, which has not been done. Consequently, we have to take it that the BEd degree mentioned in the advertisement is BEd degree simpliciter and not BEd with specialisation in 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, specialisation in vocational education is a necessary requirement.
11. We are conscious of the principle that when particular qualifications are prescribed for a post, the candidature of a candidate possessing higher qualification cannot be rejected on that basis. No doubt, normal rule would be that candidate with higher qualification is deemed to fulfil 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 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 the said qualification a candidate may not be suitable for the post, even if he possesses a “better” qualification but that “better” qualification has no relevance with the functions attached with the post.
12. In the present case, we find the situation falling in this excepted category. As pointed out above, the Assistant Teacher is meant to impart education to students at primary level. For teaching primary students, subjects studied while doing basic BEd degree would be relevant and appropriate. For teaching such students, BEd with specialisation in vocational education would be of no use as those students are not imparted vocational education, which is the thrust in the degree obtained by the respondents herein. In the instant case, proficiency in the basic subjects taught at primary level is required and thus vocational training would not serve any purpose. Thus, when we find that in the instant case, essential education qualification is BEd degree which is prescribed in the relevant rules, having statutory flavour, the action of the Government cannot be faulted with, in rejecting the candidature of the respondents because of the reason that they do not have the qualification, as mentioned in the advertisement viz. BEd degree simpliciter.
13. We, therefore, allow these appeals and set aside the judgment WP (SS) No. 1035 of 2007 of the learned Single Judge, which was affirmed by the Division Bench of the High Court. There shall be no order as to costs.