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TMI Blog1997 (12) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Gazette (Extra Ordinary) dated 10.5.1993 and another notification published in Madhya Pradesh Government Gazette (Extra Ordinary) dated 17.6.1993; as also the circulars of the School Education Department dated 5.8.1993 and 9.8.1993. By the impugned judgment and order, the Madhya Pradesh Administrative Tribunal struck down the two amendments and the circulars. These related to criteria and procedure for selection of Assistant Teachers in the Madhya Pradesh Education Service under the Operation Black Board Scheme. As a result, selection of around 7000 Assistant Teachers and the ongoing process of selection of such teachers in some districts was set aside at the instance of the applications who were persons not eligible for selection under the impugned amendments. C.A.No.813/95 challenges a subsequent order of the Madhya Pradesh Administrative Tribunal dated 31.10.1994. In the group of applications finally decided on 18.3.1994, the Tribunal had granted on 14.9.1993 an interim stay of the impugned amendments and circulars. On 15.9.1993, the Deputy Director of Education, Hoshangabad issued appointment letters to 86 selected persons. These appointment letters have been set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of 10.5.1993 is as follows:- "Provided that in any specific circumstance the State Government may, in consultation with the general Administration Department prescribe the criteria and procedure for the selection of candidates." By publication in Madhya Pradesh Government Gazette Extra Ordinary dated 7th of June, 1993 a further amendment was made in Schedule III Item at serial No.7 in column 5 of the Recruitment Rules by inserting the following qualification for recruitment of L.D.Ts. (Assistant Teachers): "Basic Training Certificate or B.Ed. Degree". On 21.5.1993 the School Education Department proposed a scheme for selection of Assistant Teachers under the said proviso for the purposes of the Operation Black Board Scheme. It was proposed that selections would be made district-wise by inviting applications from employment exchanges. The selection would be made by selection committees constituted in each district to be presided over by a nominated officer in each district. The administrative department of the Government put up this scheme for approval of the Governor and the Governor approved the proposal on 16.6.1993. On 30.7.1993 the Secretary, School Edu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tially on probation for a period of two years and on successful completion of probationary period their pay would be in accordance with the minimum of the regular scale and admissible allowances. All the original applications before the Tribunal who have challenged the provisions for recruitment of Assistant Teachers under the Operation Black Board Scheme did not possess the requisite qualifications for being selected under the said scheme as Assistant Teachers. Their names do not figure among the lists forwarded by the concerned District Employment Exchanges. Surprisingly, the applications filed by all these persons and/or groups before the Tribunal did not make the selected/appointed candidates who were directly affected by the outcome of their applications, as party respondents. The Tribunal has passed the impugned order without making them parties or issuing notice to any of them. The entire exercise is seriously distorted because of this omission. They have now filed the present appeals after they have been granted leave to file the appeals. In the case of Prabodh Verma & Ors. Vs. State of Uttar Pradesh & Ors. (1984 [4] SCC 251 at page 273), this court observed that in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and procedure for selection in specific circumstances. In the case of Workmen of Meenakshi Mills Ltd. & Ors. Vs. Meenakshi Mills Ltd. Anr. (1993 [3] SCC 336, at page 372), a Constitution Bench of this Court considered a similar question which arose before it and held that when the discretion is given to the Government itself and not to a subordinate officer, it cannot be said that there is excessive and uncontrolled delegation. The provision for consideration before the Court in that case was "the State Government or any authority so specified in this behalf". The validity of this provision was assailed on the ground that it gave unfettered and uncontrolled discretion tot he State Government or to the offices authorised by it. Rejecting this contention, this Court said that the discretion is given in the first place to the State Government itself and not to a very subordinate officer like the licensing officer. The fact that the power of delegation is to be exercised by the State Government itself is a safeguard against the abuse of this power of delegation. In the present case the criteria and procedure have to be prescribed by the State Government itself in exercise o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y prasikshan (Montessory) and Bal Sevika Prasikshan. Minimum qualification for admission is middle school and High School and the period of training in both the courses is one year only. For Diploma T the minim qualification for admission is a Higher Secondary School Education. For B.T.I. the minimum qualification is passing of the Higher Secondary School Examination in the Second Division and the courses are also different. The State Council of Educational Research and Training considered the question of equivalence of B.T.I. and Diploma This recommendation was accepted by the State Government. The State Government has, therefore, submitted that B.T. qualification is superior to the other training qualification and, therefore, they have prescribed only B.T. qualification apart from a B.Ed. Looking to the above reasons set out by the State Government for recognising a B.T. qualification as superior to Diploma T and other qualifications the exclusion of other qualifications cannot be held to be discriminatory or unreasonable. A higher qualification which is prescribed for a particular scheme cannot be considered as violative of Article 14. When candidates with higher qualifications ..... X X X X Extracts X X X X X X X X Extracts X X X X
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