Law:

Section:

Civil service-------Appointment---Minimum qualification for the post of Primary Teacher was laid down in the relevant rules as Matric with P.T.C. or equivalent--­Said rules subsequently were amended to the effect that even untrained persons would be eligible for appointment as Primary Teacher in case trained teachers were not available---Subsequently amendment was also made in the said rules on 18-5-1994 whereby minimum qualification for the post of Primary Teacher was provided as "Matric 2nd Division with PTC or equivalent "---Said amended rules, however were kept in abeyance from 14-6-1994 onward till further orders---On 1-1-1998 order of abeyance of rules as amended on 18-5-1994 was lifted which was given effect from 1-2-1998---Civil servants in the present case, were appointed as Primary Teachers by Competent Authority through different appointment orders during period when even untrained persons could be appointed as Primary Teachers if trained teachers were not available---Government issued directives vide Notification that all untrained teachers appointed contrary to rules as amended on 18-5-1994 whereby qualification of teacher was fixed Matric 2nd Division with P.T.C., should be removed from their services and posts be filled in afresh according to said amended rules---Validity---Civil servants were competently appointed during period when said Rules were kept in abeyance and during that period all of them were deputed for training by Education Department---Civil servants who were only Matric 2nd Division, but were not in possession of P.T.C. qualification, having been allowed by Authority to appear before Departmental Selection Committee for determination of their merit against vacant posts of Primary Teachers, there must be consistency in policies of Government and Government could not penalize any person for the blunder, if any, committed by it---If any right on the basis of policy of Government had been vested in course of time to civil servants, they could not be deprived of the same later on-Judgment of High Court whereby protection had been given to those civil servants who had completed PTC during abeyance period, was maintained, but its order-…

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