- (1.) BRIEF facts, of the case are that the petitioner having passed his B. Ed. examination from Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar, was appointed as Teacher Grade III by the respondent, District Establishment Committee of the Panchayati Raj Department in Zila Parishad, Nagaur vide the order Annex.1 dated 19.11.1988. Later on, the State Government vide the communication (Annex.2) dated 23.03.1989 informed the Director of the Elementary & Secondary Education, Bikaner that the B. Ed. degree of said Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar, is not a valid degree duly recognized by the State Government. On the apprehension of his termination on this ground, the petitioner approached this Court by way of filing writ petition being SBCWP No.1561/1989, which writ petition came to be disposed of by a learned Single Judge of this Court on 24.02.1998 in the following terms: - "This petition is being directed against the communication made by the Department of Education (Gr. III) Govt. of Rajasthan, Jaipur to the Director, Primary and Secondary Education, Bikaner, whereby it is informed to him that B. Ed. degree of Maithili University is recognised whereas B. Ed. degree of Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar is not recognised. Petitioner's apprehension is that his services shall be terminated on the basis of the fact that he is holding a degree of Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar. If such a action is being taken, which would naturally be after issuing notice to the petitioner, the petitioner may place material before the authority that the degree which he is holding is being recognised in the Rajasthan or by U.G.C. No directions or orders are required to be issued for quashing the more communication. The writ petition stands disposed of. Sd/ - P.P. Naolekar.J."
(2.) THEREAFTER the petitioner was served with a show cause notice vide Annex.4 dated 25.09.1998 to establish and adduce the proof about the validity of the said B. Ed. degree obtained by him. It appears from the record that in the meanwhile, the present petitioner sought permission from the respondent - Department to do a fresh course of B. Ed. in the year 1992 -93 vide his application (Annex.5) dated 20.01.1993 and thereafter vide the mark -sheet (Annex.6) dated 05.09.1997 the petitioner appears to have passed the B. Ed. examination in the month of June, 1997 from Kota Open University, Kota, Rajasthan. However, vide the impugned order (Annex.8) dated 1998, the services of the petitioner were terminated by the Development Officer, Panchayat Samiti Nagaur, with effect from 03.1998. 3. Assailing the said termination order, the petitioner has filed the present writ petition on 08.1998. A coordinate bench of this Court while issuing notices to the respondents stayed the effect and operation of the impugned order (Annex.8) dated 08.1998 vide the interim order dated 12.1998, which ad -interim order came to be confirmed by another coordinate bench of this Court on 07.11.2001 and thus under the interim order of this Court, the petitioner has continued so far in the services of the respondent - Department.
(3.) MR . Mukesh Vyas, learned counsel for the petitioner has urged that the services of the petitioner could not be terminated as the issue relating to validity of the B. Ed. degree of Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar, possessed by the petitioner is pending before the Hon'ble Supreme Court. He referred an order passed by the Division Bench of this Court in the case of Smt. Sumitra Devi Vs. State of Rajasthan & Ors. (DBSAW No.287/2004, decided on 29.03.2012). The relevant and the operative portion of the order of the Division Bench is quoted herein below for ready reference: "At the outset learned counsel appearing for the parties stated that real controversy involved between the parties and which has a direct bearing over the controversy involved in these appeals is pending in Supreme Court in two special leave petitions being SLP (Civil) No.7795/2007 and SLP (Civil) 7259/2007 wherein questions involved in relation to the grant of B. Ed. Degree by the University named B.N. Mandal University, Madhepura to the students of Muslim Minority Ahmadia B. Ed. College, Katihar. It is brought to our notice that this controversy was finally decided by the Patna High Court in several letters patent appeal by a common order passed in LPA No.453/2001 on 5.1.2007 and it is against these orders now this controversy is taken to Supreme Court which as stated above is pending in aforementioned two SLPs. It is also stated that the matters are listed before the Supreme Court on 25.4.2012. In a situation like the one, we are inclined to dispose of these appeals by giving following directions: - "(1) Depending upon the final out come of the two SLPs being S.L.P. No.7795/2007 and 7259/2007, the necessary consequential orders would be passed by the respondents -State of Rajasthan through the concerned authority dealing with these cases in relation to the case of each writ petition (appellant) of this appeal. (2) The consequential order shall be passed within three months from the date of decision of the Supreme Court and the same shall be communicated to each writ petition (appellant). (3) In the meantime and till disposal of the Supreme Court, the appellant shall continue to remain in service on the post held by them." ;