BABU LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these writ petitions involve a common question as to whether qualification of B.Ed. (Shiksha Visharad) issued by Hindi Sahitya Sammelan, Allahabad is equivalent to B.Ed. course for the purpose of appointment on the post of Teacher Grade-III or not and as such they are being decided by this common order:

(2.) Broad facts of these cases, as taken from the writ petition of Babu Lal Meena and Ors. (8752/07), are that the petitioners had applied on the post of Teacher Grade-Ill as advertised by Rajasthan Public Service Commission. They had appeared in the examination and were declared successful. Thereupon, the Commission informed the petitioners that the qualification of B.Ed. (Shiksha Visharad) is not from a recognised University. It is to be noted that applications invited by the respondent-Commission and the qualification prescribed for the post of Teacher Grade-Ill was B.Ed., BSTC or equivalent. Therefore, the petitioners feeling aggrieved by the order dated 26.9.2007, by which they have been treated ineligible for the post of Teacher Grade-Ill, filed these writ petitions with the prayer that the impugned order be set aside and they be appointed on the said post in accordance to their merit position.

(3.) The respondent-State has contested the petitions and has stated in the reply that as per the Rules of Rajasthan Panchayati Raj Rules, 1996 and Rules of National Council for Teachers Education, the minimum academic qualification required for appointment on the post of Teacher Grade-III in Primary School Teacher is Senior Secondary with two years BSTC Course or its equivalent and for appointment to the post of Teacher of Upper Primary School is Senior Secondary, Graduate with B.Ed. or its equivalent from the recognised University. They have stated that in the present case, the petitioners were having the degree of Shiksha Visharad which had not been obtained from a recognised University. It is also stated in the reply that provisional admission cards were issued to the petitioners with the specific endorsement that they are admitted provisionally, subject to their eligibility. The case of the respondents is that petitioners having failed to fulfill the required eligibility, therefore, they had not been given appointment on the post of Teacher Grade-Ill. It has also been stated that degree of Shiksha Visarad from Hindi Sahitya Sammelan, Allahabad is not from a recognised University as per the National Council for Teachers Education and therefore on account of want of minimum qualification, the petitioners are not entitled to be appointed on the post of Teacher Grade III.