GARG, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 21. 2. 1992 with a prayer that the impugned order dated 22. 8. 1991 (Anex. 15) be quashed and the respondents may be restrained from making any recovery from the petitioner etc.
(2.) IT arises in the following circumstances:- i) The petitioner passed his High School examination (Metric) in the year 1967 from the Board of High School and Intermediate Education, Uttar Pradesh. A photo copy of certificate of High Court is Annex. 1. The petitioner thereafter passed Adhyapak Basic Prakashan Examination (B. T. C.) in the year 1975 from the Education Department, Government of Uttar Pradesh. The marksheet and certificate of BTC are marked as Annex. 2 and 3 respectively. ii) The petitioner was selected by Zila Karamchari Vargh Samiti, Dungarpur for the post of Primary School Teacher Grade II (Metric trained) vide order dated 23/25. 2. 80 (Annex. 4 ). The name of the petitioner is shown at serial No. 72 in this order. iii) As per order dated 23/25. 2. 80 (Annex. 4), the petitioner was appointed vide order dated 27. 2. 80 (Annex. 5) issued by respondent No. 3 till the end of Session i. e. 16. 5. 80 or till the selected candidates are available on temporary basis. iv) The petitioner joined his service on 28. 2. 80 as Metric Trained Primary School Teacher, Grade III. A copy of joining report is marked as Annex. 6 v) The petitioner remained on this post till the end of session i. e. 16. 5. 80 and thereafter vide order dated 28. 6. 80, the petitioner was again appointed on the same post vide order dated 28. 6. 80 for six months or till the selected candidates are available. vi) The petitioner submitted his joining report on 1. 7. 80 through Annex. 7 and the petitioner worked upto end of the session i. e. 16. 5. 81 and vide order dated 27. 6. 81 (Annex. 9), the petitioner was reemployed on temporary and adhoc basis and submitted joining report on 1. 7. 81 (Annex. 10 ). vii) Thereafter the petitioner was regularized on the post of Primary School Teacher Grade III (Metric Trained) vide order dated 1. 8. 81 (Annex. 10a ). viii) All of a sudden order dated 22. 8. 91 (Annex. 15) was issued by the respondent NO. 3 stating that as per audit report dated 3. 7. 91, the appointment of the petitioner was treated irregular and order for recovery of Rs. 54228/- was issued on the ground that the recognition dated 21. 1. 69 of BTC Degree of Uttar Pradesh was withdrawn by the State Government on 5. 4. 80 and, therefore, he cannot be treated as trained teacher with effect from 1. 7. 80 and recovery for the period from 1. 7. 80 to 1990-91 was ordered. Hence this writ petition. The main contention of the petitioner is that order dated 22. 8. 91 Annex. 15 would not affect the right of the petitioner as BTC degree which was recognized by the Government of Rajasthan on 21. 1. 69 was derecognized vide order dated 5. 4. 80, but the petitioner has joined his duties on 27. 2. 80 before the BTC Degree of Uttar Pradesh was derecognized, therefore, the said order dated 22. 8. 91 (Annex. 15) would not affect the rights of the petitioner and it should be treated as quashed. The reply has not been filed by the respondents. The main contention of the respondent is that since degree was derecognized with effect from 5. 4. 80 and the petitioner would have joined the service earlier to that, but after that the petitioner will have no right hence the impugned order dated 22. 8. 91 (Annex. 15) cannot be treated as illegal and without jurisdiction. I have heard both and perused the record. There is no dispute on the point that BTC degree of Uttar Pradesh was first recognized by the Government of Rajasthan with effect from 21. 1. 69. There is also no dispute on the point that through order dated 5. 4. 80 that degree was derecognized. There is also no dispute that initial appointment of the petitioner as primary school Teacher Grade III (Metric Trained) was made by order dated 23/25. 2. 80 (Annex. 4) meaning thereby before the degree of BTC was derecognized by the Government of Rajasthan the petitioner had already joined his service on 28. 2. 80 and since then, with some intervals, he was working as Primary School Teacher Grade III.
(3.) THE Hon'ble Supreme Court in the case of Suresh Pal and Ors. vs. State of Haryana (2), has held that if students joined the course before derecognition and after joining the course, that course was derecognized, it would not affect the career of those students. THErefore, the Hon'ble Supreme Court directed the State Government to recognize the certificates issued to those students who joined the course before its derecognition. THE Hon'ble Supreme Court further made it clear that the students joining the course after derecognition would not be entitled to the benefit of that order. Thus, since in the present case, the petitioner joined his services before derecognition of BTC degree of Uttar Pradesh, therefore, subsequent derecognition with effect from 5. 4. 80 would not affect the career of the petitioner. Thus, the case of the petitioner is squarely covered by the case of Suresh Pal (supra ). For the reasons mentioned above, the present writ petition is allowed and order dated 22. 8. 91 Annex. 15 is quashed and it is declared that the order dated 22. 8. 91 (Annex. 15) would not affect the case of the petitioner. Cost made easy. .;