M.N.Bhandari, J. - (1.) THE bunch of writ petitions involve common question of law thus are decided by this judgment. For convenience, facts of S.B. Civil Writ Petition No. 7477/2013 are taken.
(2.) THE respondents issued an advertisement on 14.12.2011 for the post of Physical Training Instructor (in short "PTI") Gr. II & III. All the petitioners submitted application forms but rendered ineligible on the ground that qualification of "B.P.E." obtained by the petitioners is not recognized by the State Government. Learned counsel for petitioners submits that in Para 7 of the advertisement, required qualification has been provided. For the post of PTI Gr. II, required qualification is Bachelor of Physical Education. (B.P.Ed.) recognized by the NCTE and working knowledge of Hindi written in Devnagri Script and knowledge of Rajasthani Culture. For PTI Gr.III, required qualification is Bachelor of Physical Education (B.P.Ed.) or Certificate in Physical Education (C.P.Ed.) or Diploma in Physical Education (D.P.Ed.) recognized by NCTE and working knowledge of Hindi written in Devnagri Script and knowledge of Rajasthani Culture. The petitioners are having three years Degree of Bachelor of Education yet rendered ineligible. Similar controversy came up before this Court in the case of State of Rajasthan & Ors. vs. Hari Ram & 16 Ors., reported in : 2001 (1) WLC (Raj.) 124. Therein, candidates holding qualification of Bachelor's degree in Physical Education from Nagpur were held eligible for the post of PTI Gr. II, thereby degree in Bachelor of Education from Nagpur was held to be good. The judgment therein was upheld by Hon'ble Apex Court thus respondents should not be allowed to take a different view than what has already been decided by the Court. It is more so when action of the respondents is even discriminatory in nature. They have treated certain candidates to be eligible, though they are possessing only Diploma in Physical Education. It is only one year's course. In the background aforesaid, the better qualified candidates have been treated to be ineligible.
(3.) FOR the post of Teacher Gr. III, it is submitted that as per National Council for Teacher Education (Determination of Qualification for Recruitment of Teachers) Regulations 2001 (in short "Regulations, 2001"), required qualification is only of Senior Secondary School Certificate or Intermediate or its equivalent with C.P.Ed., of a duration of not less than two years. The petitioners are in possession of course of three years yet rendered ineligible even for the post of Teacher Gr. III, whereas a candidate having higher qualification than required, should not have been made ineligible.;