BALIA, J. - (1.) IN all these cases a common question has arisen in the context of recruitment Rules framed by the Governor of Rajasthan under proviso to Article 309 for recruitment to the posts under the Rajasthan Educational Subordinate Service Rules1971 (hereinafter called, `the Rules of 1971' ).
(2.) ONE of the posts encadred under the Rules of 1971 is the Senior Teacher. The requisite qualification prescribed is- "graduate or equivalent examination with atleast two subjects taught in the school with Degree or Diploma in Education or Montessory. " The petitioners in Writ Petitions No. 4309/96, 3343/98, 4307/96, 4308/96 and 4310/96 are all who held B. Ed. Degree from Rajasthan Vidya Peeth Udaipur, a Demand University and were already recruited as Gr. II Teacher in Udaipur Division by the Education Department. They were given a show cause notice stating that the B. Ed. Degree obtained by the said petitioners after completing B. Ed. (Child Development) had undergone a bridge course which is considered equivalent only to STC training but not equivalent to B. Ed. Degree required under the Rules of 1971 and therefore the said petitioners are ineligible to hold post of Senior Teacher in pay scale applicable thereto. Later on, vide orders of different dates, their services have been terminated on account of the ineligibility alleged against each of the petitioners on the ground that the Degree which they were holding was not a degree requisite for the post in question. All the petitioners in the aforesaid petitions are holding a degree from Rajasthan Vidya Peeth which is a demand University. The tenure of the course which results in grant of B. Ed. Degree at the said institution has been that a course is conducted in B. Ed. (in Child Development) as the Diploma, thereafter a bridge course is conducted, for those who have completed the B. Ed. (Child Diploma) course and on completion of both the course the university awarded a degree of B. Ed. Faced with aforesaid situation, the Rajasthan Vidya Peeth itself has filed a writ petition No. 362/97 seeking a declaration that the B. Ed. Degree granted by the petitioner (deemed university, Rajasthan Vidya Peeth) to the candidates after grant of degree in Child Diploma and undergoing successfully three months bridge course, a B. Ed. Degree is a B. Ed. Degree awarded by university and question of equivalence does not arise. A degree awarded by a University established by law or Deemed University in any discipline concerned does not require a declaration by comparing the course of different universities. Such degree fulfils the condition of eligibility qualification under the Rules of 1971 for being appointed as Senior Teacher and above in the Govt. of Rajasthan, under the said Rules. It was further prayed that the respondents be directed not to terminate the services of the candidates appointed with the aforesaid qualification as Gr. II Senior Teachers and above. There is no controversy about the fact that the Rajasthan Vidya Peeth, Udaipur is a Deemed University. The petitioners in all the petitions (except in Writ Petition No. 362/96 which is filed by the Institution) are holding the B. Ed. Degree from the said Deemed University. The courses conducted before awarding the B. Ed. Degree has been in the format as stated above; namely a candidate is initially trained and awarded B. Ed. Child Development Diploma and after undergoing a bridge course devised by the university for that purpose, a B. Ed. Degree is awarded to him.
(3.) THE respondent State and its authorities are denying the said Degree issued by the Rajasthan Vidya Peeth, the status as B. Ed. Degree and has taken the stand that it is only a course of B. Ed. Child Diploma plus a bridge course and those who have passed these two course are to be treated as equivalent to STC, and cannot be considered equivalent to a B. Ed. Degree. In other words, while the petitioners claim that university is awarding a B. Ed. Degree after conduct of a particular course devised by it, the case of the respondents is that it is not a case of awarding of B. Ed. Degree but it is a case of claiming equivalence with B. Ed. Degree. It is in the exercise of considering equivalence of the courses conducted by the Rajasthan Vidya Peeth with B. Ed. Degrees granted by other universities or for the purposes of the Rules of 1971; that the Govt. has taken decision as revealed in Annx. R/1 that the students who have obtained B. Ed. (Child Diploma) course and have thereafter passed bridge course shall be treated equivalent to STC and has further clarified that the B. Ed. course conducted by Rajasthan Vidya Peeth has not been recognised as equivalent to B. Ed. Course. Along with the petitions, as originally filed, only the marksheets of the concerned petitioners have been placed on record showing the marks obtained at the B. Ed. Child Diploma course and the bridge course and consolidated marksheet of the two courses. However, on further enquiry made by the Court that marksheets cannot be equated with the Degree as degree actually awarded by the Rajasthan Vidya Peeth, Udaipur, Annx. 16 to 18, as the copies of the Degrees, actually awarded to 4 of the petitioners have been placed on record as illustrative cases, in proof of awarding of B. Ed. Degrees by the Rajasthan Vidya Peeth; on completion of the aforesaid courses. On principle, it cannot be doubted that laying down the criterion for recruitment including the eligibility criteria and the requisite educational qualification is within the domain of the employer and it was for the State of Rajasthan to have laid down the requisite eligibility conditions for employment for appointment to the post of Senior Teacher (Teacher Gr. II) or other posts under the Rules of 1971 and the eligibility of the candidates thereto had to be judged in the light of that criteria alone. No other embellishment can be imported either by the State or on behalf of the candidates where there is no ambiguity in the Rules. The criteria laid in the rules, as noticed above, makes a candidate eligible to be considered and appointed by direct recruitment if otherwise found suitable to the post of Senior Teacher, as under:- Sl. No. Name of Post Sources of recruitment with percentage Minimum qualification and experience for direct recruitment 8. (a) Senior Teacher 50% by direct Graduate or equivalent Examination with atleast two subjects taught in Schools with Degree or Diploma in Education or Montessory Training. ;