- (1.) INSTANT intra -court appeal has been preferred against order of the ld. Single Judge dt. 29/09/2005.
(2.) SINCE the facts are not available in the order of the ld. Single Judge, it can be noticed from the additional affidavit filed by the respondent pursuant to direction of this Court that the appellant is holding qualification of B.Ed. (Child Development) from Rajasthan Vidyapeeth Deemed University, Udaipur and thereafter passed Bridge Course conducted by the said Deemed University which is required for the post of Teacher Gr.II and this been settled after the judgment of the ld. Single Bench of this Court rendered on 18/05/2001 at Principal Seat at Jodhpur in the case of Rajasthan Vidya Peeth v. State and ors. (SB Civil Writ Petition No. 362/1997) and six other similar writ petitions wherein it was finally observed that such of the incumbents, who hold Degree of B.Ed. from Rajasthan Vidhya Peeth, Udaipur, have to be treated as holder of B.Ed. Degree (General) are eligible for the post of Teacher Gr. II and III included in the schedule appended to the Rajasthan Education Subordinate Service Rules, 1971 and it can be further noticed that the matter travelled upto the Hon'ble Apex Court in Civil Appeals No. 8653 -8659/2003, State of Rajasthan and Ors. v. Karan Singh Rathore and ors wherein the question arose whether the B.Ed. (Bal Vikas) from Rajasthan Vidhya Peeth followed by three months' Bridge Course could be considered to be equivalent to B.Ed. Course (General) for the purpose of appointment to the posts of Senior Teacher (Teacher Grade -II) and the Hon'ble Apex Court, took note of the Minutes of the Meeting dt. 04/06/1998 held in the office of Rajasthan Regional Committee, wherein it was inter -alia resolved ad -infra: - - "Looking at the course all members were unanimous that this course fulfills the requirements of both primary and secondary level teacher training. Therefore, the students trained in B.Ed. (Bal Vikas) can work with full competence as that of B.Ed. (General)."
(3.) TAKING note thereof, the appeal preferred by the State of Rajasthan, came to be dismissed by the Hon'ble Apex Court vide judgment dt. 19/07/2006. As such, the question, in respect of the qualification possessed by the present appellant regarding his eligibility for appointment to the post of Teacher Gr.II under the Rules of 1971, is no more res -integra for our consideration. Posts of Teacher Gr.II in (Biology) along with other subjects notified by the respondents vide advertisement dt. 22/11/1996 and the present appellant had participated in the selection process and secured 79.76% marks and indisputably, as per merit list of General Category/ OBC Category, which has now come on record, his name falls at serial No. 14 -A (in between 14 and 15) in General Category and in the list of OBC Category, his name falls at serial No. 4 -A (in between 4 and 5) but his name was not included in the merit list issued by the respondents for the reason that his Degree of B.Ed. (Bal Vikas) with Bridge Course was not considered eligible to hold the post of Teacher Gr. II, keeping in view the Circular issued by the Government dt. 01/06/1996 but that question regarding eligibility of the present appellant, as already observed, does not remain further res integra to be examined keeping in view the judgment of the Hon'ble Apex Court in upholding that degree of the Rajasthan Vidhya Peeth in B.Ed. (Bal Vikas) followed by three months Bridge Course conducted by it is equivalent to B.Ed. Course (General) and indisputably he holds the eligibility for the post of Teacher Gr. II under the Scheme of Rules, 1971.;