- (1.) IT is submitted that the session for which the decision was sought has already come to an end. Consequently, appeal as well as writ petition have rendered infructuous.
(2.) COUNSEL appearing on behalf of the appellant has submitted that as the matter has rendered infructuous, the decision rendered by the Single Bench may not come in the way of the appellant in filing fresh application in accordance with law. In State of Rajasthan and Ors. Vs. Lachcha Ram and 14 Ors., 2011(4) CDR 1675(Raj.)(DB), Division Bench of this Court at Principal Seat at Jodhpur has laid down thus: "14. For appointment as Prabodhak, following qualifications are prescribed in the Schedule attached to the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 reproduced hereunder: S. No. Name of post Method of Recruitment with percentage Post from which promotion is to be made Qualification and Experience for promotion Qualification and Experience for Direct Recruitment Remarks 1 2 3 4 5 6 7 1 Sr. Prabodhak (5000-8000) .... .... ... - - 2 Prabodhak (4500-7000) 100% by direct recruitment - - Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years OR Bachelor of Elementary Education(B.El.Ed.) OR Graduation with Bachelor of Education(B.Ed.) or its equivalent AND Must have at least 5 years continuous teaching experience without any break in any recognized educational institution/educational project. The first part of the qualification prescribed for the post of Prabodhak is that one must possess Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two year. It is not in dispute that the respondent-petitioners are possessing the qualification of BSTC course of two years. Dispute is only that whether the respondent-petitioners who after passing Secondary Examination have undertaken BAP course from Kota Open University can be treated as having qualification equivalent to Senior Secondary Examination. The Director, Elementary Education Rajasthan, Bikaner has issued a circular dated 09.05.2002 on the basis of order of State Government dated 3.5.2002, wherein it is clearly provided in para 3 that the para teachers who have passed 10th class examination and thereafter have passed BAP course from Kota Open University are eligible for BSTC training course of two years' duration. The respondent's petitioners have not only undertaken BAP course which is a preparatory course for admission to graduation course, but also have completed graduation from Kota Open University. It is apparent from the aforesaid decision of the appellants that they have treated the candidates 10th pass and undertaken BAP course from Kota Open University eligible for admission to BSTC course, meaning thereby the State Government has treated BAP course from Kota Open University equivalent to Senior Secondary Examination certificate for the purpose of admission to BSTC course. It is admitted that the Director of Elementary Education Rajasthan, Bikaner has issued instructions vide circular dated 09.05.2002 in terms of the State Government's order dated 03.05.2002 and admittedly the said circular dated 09.05.2002 has not been withdrawn by the State Government. Hence, the State Government is bound by the aforesaid decision. Thus, in our considered opinion, it was not open to the State Government to contend that such incumbent, who have completed BSTC course after passing 10th class and BAP course from Kota Open University and are graduate also, are not eligible for appointment to the post of Prabodhak. We also find that for admission to graduation course in Kota Open University, Senior Secondary is eligibility criteria and the students who have passed 10th class examination and have undertaken BAP course are treated as eligible for admission to graduation course. It is apparent that Kota Open University is treating BAP course as equivalent to Senior Secondary and that is why admissions are given to graduation course certificate to the contrary is of no avail to the State. It is not in dispute that at the relevant time, admission to graduation course in Kota Open Univeristy could not have been given to a person without possessing Senior Secondary Examination certificate or its equivalent, thus, for all purposes, the incumbents who have been given admission to graduation course after passing BAP course were treated as having qualification equivalent to Senior Secondary or intermediate. The same is also reflected in the State Government circular dated 03.05.2002/09.05.2002. Thus, in our considered opinion, there is no infirmity in the view taken by Hon'ble Prakash Tatia, J. in the orders which have been impugned by the State. We according affirm the same and set aside the view of the Single Bench based on the decision in the case of Suja Ram(supra), Jamant Singh(supra) and Civil Writ Petition No. 5951/2008(Smt. Priti Dixit Vs. State of Rajasthan and Ors.) inasmuch as dealing with aforesaid question as rest of the questions are not before us for adjudication in these appeals and hold that the view taken in Suja Ram's case and in other orders based thereupon, does not lay down correct law as sufficient material to form correct opinion was not placed before the Single Bench deciding Suja Ram's case, which has been simplicitor followed in other cases. The respondent-petitioners are having the qualification of graduation and BSTC course after passing 10th class and BAP course, thus, they are having much higher qualification than Senior Secondary Examination, thus, they cannot be treated as ineligible for appointment to the post of Prabodhak." No relief can be given at this stage in the case. However, suffice is to observe that in case any application is filed in future by the appellants, the same shall be considered by the respondents duly taking into consideration the verdict of this Court in the case of State of Rajasthan and Ors. Vs. Lachcha Ram and 14 Ors.(supra). It is also made clear that impugned order passed by the Single Bench shall not be taken into consideration, as there is no adjudication of appeal on merits and the same shall not come in the way of the appellant.
(3.) ACCORDINGLY, appeal is disposed of.;