GARG, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 22. 10. 99 with a prayer that the respondents No. 1 (Secretary, Gramin Vikas and Panchayati Raj Department, Jaipur) and 2 (Chief Executive Officer, Zila Parishad, Barmer) be directed to give appointment to the petitioner on the post of Teacher Grade III from the date the respondent No. 3 (Rajesh Kumar Sharma) and other like persons were appointed with all consequential benefits.
(2.) THE facts of the case as put forward by the petitioner are as under : (i) That the petitioner passed his Secondary examination from the Board of Secondary Examination in the year 1987 and secured 42. 125% marks. In the year 1988, the petitioner passed higher Secondary examinations with 44. 5% marks. (ii) That the petitioner passed B. A. examination in the year 1991-92 from the Board of External Examination, Osmania University which was recognized degree by the Government of Rajasthan at that time. (iii) That thereafter the petitioner obtained B. Ed. degree from Kota Open University, Rajasthan in the year 1996. (iv) That the respondent No. 2 (Chief Executive Officer, Zila Parishad, Barmer) issued a notification dtd. 15. 6. 98 (Annex. 5) inviting application for recruitment to the post of Teacher Grade III in the various schools of Panchayat Samitis of Barmer District. As per the notification dtd. 15. 6. 98 (Annex. 5), following qualification were necessary for recruitment to the post of Teacher Grade III. 1. Having passed from the Board of Secondary Education, Rajasthan, Ajmer Higher Secondary as per old Scheme or Senior Secondary as per new Scheme of 10+2. 2. B. S. T. C. Course. (v) That in pursuance of notification dtd. 15. 6. 98 (Annex. 5), the petitioner applied for recruitment to the post of Teacher Grade III. (vi) That the respondents prepared a merit list of 544 candidates (Annex. 6) in which the petitioner stood at serial No. 512 as he secured 72. 163% marks. Out of this merit list (Annex. 6) initially 469 candidates were given appointment on the post of Teacher Grade III and the candidates who stood in the merit from serial No. 470 to 544 were kept in waiting list. (vii) That further case of the petitioner is that the respondent No. 2 (Chief Executive Officer, Zila Parishad, Barmer) gave appointment to all the candidates who stood in the merit, but denied appointment to the petitioner. A copy of appointment order dtd. 13. 9. 99 is marked as Annex. 7. (viii) Further case of the petitioner is that no reasons have been assigned for not giving appointment to the petitioner despite the fact that the candidate below him in the merit list i. e. the respondent No. 3 (Rajesh Kumar Sharma) who stood at serial No. 513 was given appointment. Hence, this writ petition with the abovementioned prayer. Reply to the writ petition was filed by the respondents and their main case is that the petitioner had passed degree examination of B. A. in the year 1992 from the Board of External Examinations, Osmania University through marksheet (Annex. 3) which is now not a recognized University by the Government of Rajasthan as per letter dtd. 27. 10. 99 (Annex. R/1 ). Further case of the respondents is that the petitioner qualified B. A. degree in one year though degree of B. A. was to be completed in three years and from this point of view also, the degree obtained by the petitioner cannot be said to be a recognized degree. Hence, the writ petition be dismissed. Heard and perused the record. There is no dispute on the point that the petitioner stood in merit at serial No. 512 and persons junior to him have been given appointment in pursuance of notification dtd. 15. 6. 98 (Annex. 5), but the petitioner had been denied appointment on the ground that the B. A. degree obtained by the petitioner from the Board of external examination, Osmania University in the year 1992 was derecognized by the Government of Rajasthan through letter dtd. 27. 10. 99 (Annex. R/1 ). There is also no dispute on the point that in the notification dtd. 15. 6. 98 (Annex. R/1), the requisite qualification for appointment on the post of Teacher grade III is B. S. T. C. Course. There is also no dispute on the point that the degree of B. Ed. obtained by the petitioner from Kota Open University is equivalent to B. S. T. Course. Thus, the petitioner had requisite qualification for appointment on the post of Teacher grade III as he had passed Higher Secondary Examination from the Board of Secondary Education, Rajasthan and he had B. Ed. degree which is equivalent to B. S. T. C. Course.
(3.) THERE is also no dispute on the point that the petitioner obtained B. A. degree from Osmania University through Annex. 3 in the year 1992 in one year. There is also no dispute on the point that on the basis of B. A. degree (Annex. 3), the petitioner was given admission in B. Ed. degree course in Kota Open University. There is also no dispute on the point that the recognition of Osmania University was cancelled by the Government of Rajasthan through letter dtd. 27. 10. 99 (Annex. R/1), meaning, thereby that when the advertisement dtd. 15. 6. 98 (Annex. 5) was issued, the degree of B. A. (Annex. 3) obtained by the petitioner from Osmania University was recognised degree. In my opinion, derecognition of any degree could be prospective only and not retrospective. From this point of view, on the date when the petitioner applied for appointment on the post of Teacher Grade III in pursuance of notification dtd. 15. 6. 98 (Annex. 5), he was qualified otherwise as in the year 1992, the B. A. degree obtained by the petitioner from Osmania University was recognized one by the State of Rajasthan. This is one of the aspects of the matter. ;