GARG, J. - (1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents on 18. 11. 98 with a prayer that by an appropriate writ, order or direction, the respondent be directed to consider the petitioner's candidature for appointment on the post of Teacher Grade III in pursuance of advertisement dtd. 24. 4. 97 (Annex. 1) with all consequential benefits.
(2.) THE facts of the case as put forward by the petitioner are as under:- i) That the respondent No. 3 (Dist. Education Officer (Boys), Pali) published and advertisement dtd. 24. 4. 97 (Annex. 1) for certain posts of Teacher Grade III. ii) Further case of the petitioners is that the petitioner belong to Other Backward Class which is evident from the certificate (Annex. 2 and 3 ). iii) That the petitioner No. 1 passed his Secondary School Examination in the year 1998 from the Board of Secondary Education, Rajasthan, Ajmer. A copy of the mark-sheet of Secondary Examination is marked as Annex. 4. THE petitioner No. 1 thereafter passed his Senior Higher Secondary examination in the year 1991 from the Board of Secondary Education. A copy of marksheet of Sr. Higher Secondary Education is marked as Annex. 5. the petitioner No. 1 therefore passed his B. A. examination from the Maharishi Dayanand Saraswati University, Ajmer. A copy of mark-sheet of B. A. examination is marked as Annex. 6. THE petitioner No. 1 thereafter obtained the degree of B. Ed. from Barkatullah Vishwa Vidhyalaya, Bhopal. A copy of mark-sheet of B. Ed. is marked as Annex. 7. iv) THE petitioners No. 2 after passing the Sr. Higher Secondary examination obtained the degree of B. A. from the University of Rajasthan in the year 1987. A copy of mark-sheet of B. A. examination is marked as Annex. 8. THEreafter the petitioner No. 2 passed B. Ed. (Correspondence) examination from Barkatullah Vishwa Vidhyalaya, Bhopal in the year 1995-96. A copy of marksheet of B. Ed. is marked as Annex. 9. vi) Further case of the petitioners is that they submitted their applications forms in pursuance of advertisement dtd. 24. 4. 97 (Annex. 1) to the office of respondent No. 3 (Dist. Education Officer (Boys), Pali) and the petitioners were interviewed for the post of Teacher Grade III on 15. 5. 97. vii) Further case of the petitioners is that the petitioners are possessing the higher qualification than the minimum required. However, the petitioners had completed B. Ed. Correspondence course from Barkatullah Vishwa Vidhyalaya, Bhopal and obtained B. Ed. degree from Barkatullah Vishwa Vidhyalaya, Bhopal. viii) Further case of the petitioners is that no marks were assigned to the interview, but during interview the original testimonials of the candidates were verified, which was done in respect of the petitioners also on 15. 5. 97. ix) Further case of the petitioners is that according to the policy of selection on the post of Teacher Grade III, the petitioner No. 1 was supposed to get 66. 20% marks while the petitioner No. 2 was supposed to get 67. 77% marks for the purpose of selection and appointment on the post of Teacher Grade III. x) Further case of the petitioners is that the last candidate in OBC category who was appointed by the respondents in pursuance of advertisement dtd. 24. 4. 97 (Annex. 1) on the post of Teacher Grade III had only 66. 10% marks. Thus, less meritorious persons than the petitioners had been considered and had been appointed on the post of Teacher Grade III ignoring the petitioners. xi) Further case of the petitioners is that on enquiry, the petitioners were told by the respondents that since they had obtained degree of B. Ed. from Barkuttalla Vishwa Vidhyalaya, Bhopal and recognition of that was under consideration, therefore, appointment was not offered to them. Hence, this writ petition with the abovementioned prayer. In this writ petition the main submission of the learned counsel for the petitioners is that this Court in the Case of Subodh Kumar Verma vs. State of Rajasthan (1), has held that the degree of B. Ed. (Correspondence) obtained from Barkatullah Vishwa Vidhyalaya, Bhopal was recognized and hence the degree of B. Ed. obtained by the petitioners from Barkatullah Vishwa Vidhyalaya is recognized one for the purpose of appointment on the post of Teacher Grade III and denial of appointment on that ground is erroneous and bad in law and the petitioners are entitled to appointment on the post of Teacher Grade III in pursuance of advertisement dtd. 24. 4. 97 (annex. 1) and hence this writ petition should be allowed. Reply to the writ petition was filed by the respondents and their case is that the vacancies advertised vide advertisement dtd. 24. 4. 97 (Annex. 1) lapsed on 1. 4. 98 and on this ground alone the writ petition deserves to be dismissed. On the point of recognition of B. Ed. degree (correspondence) obtained from Barkatullah Vishwa Vidhyalaya, it has been submitted by the respondents that the State Government has not recognized the B. Ed. degree obtained from Barkatullah Vidhwavidhyalaya, Bhopal through Correspondence which is evident from the letter dtd. 18. 2. 92 (Annex. R/1) issued by the Director, Primary and Secondary Education, Bikaner in pursuance of Government order dtd. 6. 2. 92. Hence, writ petition be dismissed. Heard and perused the record. There is no dispute on the point that the petitioners obtained the B. Ed. Degree from Barkatullah Vishwa Vidhyalaya through correspondence.
(3.) THERE is also no dispute on the fact that the writ petition was filed on 18. 11. 98 and the vacancies advertised vide advertisement dtd. 24. 4. 97 (Annex. 1) lapsed on 1. 4. 98. There is also no dispute on the point that this Court in the case of Subodh Kumar Verma (supra) held on 8. 5. 95 that the B. Ed. degree obtained from Barkatullah Vidhwavidhyalaya through correspondence was recognized and thus, the degree of B. Ed. obtained from Barkatullah Vidhwavidhyalaya through correspondence was treated as recognized even before the issuance of advertisement dtd. 24. 4. 97 (Annex. 1. ). In the case of Manish vs. State of Rajasthan (2), decided on 12. 2. 98, this Court again held that the degree of B. Ed. obtained from Barkatullah Vidhwavidhyalaya through correspondence should be treated as recognized and the petitioners in that case were found entitled for consideration for appointment on the post of Teacher Grade III in pursuance of advertisement issued is that case. ;