Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Amendment quoted (supra) in fact was in conformity with the recruitment qualifications for Teachers
in educational institution mentioned in S.2 of NCTE Regulations, 2001. After amendment was made
(supra), State Government issued advertisement dt. 30.10.06 for holding selections for primary and
upper Primary Teachers through PSC, in which petitioners herein appeared in written examination but
the PSC has finally rejected their candidature on the premise that as they have not passed out their
Senior Secondary (Vo.) with Bridge Course; as such are not eligible for the post of primary & Upper
Primary School Teacher in pursuance to advertisement dt. 30.10.06, giving rise to instant petitions.
Counsel for petitioner submits that after the amendment made in Cl.(3) of R.266 or Rules, 1996,
no distinction has been made between Senior Secondary whether academic or vocational; and despite
judgement of this Court rendered while examining amendment in recruitment qualifications dt. 07.05.98
and clarification made vide Circular dt. 19.08.98 issued by State Government, if at all, Rules making
authority intended to eliminate those holding Senior Secondary (Voc.) for appointment as Primary/
Upper Primary School Teacher, certainly it could have been taken note of while making amendment in
Cl.(3) of R.266 of Rules, 1996 while issuing notification dt. 28.06.06; as such decision taken by the
PSC rejecting their candidature out rightly without there being any directives from State Government
or from NCTE, which regulates recruitment qualification for appointment as Teachers in educational
institutions as mentioned in S.2 of its Regulations, 2001; is uncalled for and violative of Art.14 of the
Constitution.
Counsel further submits that those who are holders of Sr. Secondary School Certificate irrespective
of stream whether academic or vocational, both are eligible to undertake diploma or certificate in
Basic School Teacher Training or elementary Teachers Training, which is under control & regulated by
the State Government having no such pre-condition that Sr. Secondary (Academic) alone will be
considered to be eligible; and that apart, there is no distinction between academic or vocational for
holding higher qualification viz., Under-graduate/Bachelor degree of Education from a recognized
University.
Rajasthan PSC
Counsel further submits that most of petitioners herein did their under graduate degree course from
University established by law and did their B.Ed., and in such circumstances, how far Senior Secondary
(Voc.) can still be considered as disqualification under existing scheme of Rules, 1996 holding them
ineligible in terms of amendment made vide notification dt. 28.06.06 particularly when there are no
directives/Circular/guidelines issued from NCTE more so, when amendment has been made U/r 266(3)
of Rules, 1996 in consonance with NCTE Regulations, 2001.
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