RATHORE, J. - (1.) SINCE all these appeals involve common question of law and facts, therefore, they are being decided by this common judgment. The facts of DB civil special appeal No. 800/2004 are being taken as a leading case.
(2.) THE petitioner-appellant (hereinafter to be referred as the appellant) acquired the qualification of B. P. Ed. During the year 1997-98 from Vasantrav Sharirik Shikshan Mahavidyalaya, Nagpur affiliated to Nagpur University, Nagpur. Nagpur University has been recognised by the University Grant Commission, Delhi. Pursuant to the advertisement dated 9. 8. 1998, the appellant applied for Male Physical Teacher Gr. III. The controversy arise when the appellant's candidature was not considered by the respondents on the ground that certificate produced by the appellant has not been issued by the recognised institution. The writ petition filed by the appellant was dismissed by the learned Single Judge vide order dated 15. 11. 2003 on the basis of reply filed on behalf of the respondents wherein it was stated that the appellant was not having the requisite qualification from the recognised institution. The appellant has assailed the order dated 15. 11. 2003 on the ground that the Division Bench of this Court in case of Goverdhan Lal Kabra Teachers College vs. Union of India & Ors. reported in 2001 (1) WLC 176 = RLW 2001 (1) Raj. 574 has declared Section 17 (4) of the National Council for Teacher Education Act, 1993 as unconstitutional and ultra vires the Constitution of India. It was further observed by the Division Bench that any candidate could not have been denied employment on the ground that he did not possess B. P. Ed. Degree from an institution recognised by National Council for Teacher Education. It is contended that since the specific prayer was that the eligibility criteria of having any degree having recognition from National Council for Teacher Education be declared to be illegal and unconstitutional as the same was not even within the scheme of the Rules of 1971. This point has not been dealt by the learned Single Judge.
(3.) IT is further contended that the State Government itself has granted appointments to so many other persons who were having similar degrees to the appellant. The details of the persons have been given by the appellant in special appeal, one of the appointment order was even annexed with the rejoinder to the writ petition as Annexure-6. We have heard rival submissions of the respective parties and perused the judgments referred before us. In case of State of Rajasthan & Ors. vs. Jabra Ram reported in 2005 (1) WLC 637, the Division Bench has held as under:- " It is clear that the respondent-petitioner has taken the admission in the year 1995-96 and status quo was to be maintained for the academic session 1995-96. The respondent-petitioner completed his course in 1995-96 and till the completion of the course by the respondent-petitioner, regulations were not in force. The regulations framed by the Government of India were published in the Gazette of Government of India on 24. 2. 1996. Thus, the process of recognizing degrees could not be commenced before 24. 2. 1996. The Act of 1993 has come into force w. e. f. 1. 7. 1995 but regulations framed were published on 24. 2. 1996. The process of recognition was started after 17. 8. 1997. The respondent-petitioner has taken admission in the year 1995-96 and passed the course in the year 1995-96. " ;