Mohammad Rafiq, J. - (1.) THE petitioner has filed this writ petition with the prayer that the respondents be directed to consider him for appointment on the post of Physical Teacher Gr. III (for short "P.T.I.") with all consequential benefits from the date persons lower in merit than him were so appointed.
(2.) FACTUAL matrix of the case is that petitioner who possesses the degree of B.P.Ed. from Nagpur University applied for appointment on the post of Physical Teacher Gr. III advertised by the District Education Officer (Secondary) I, Bhilwara in the year 1998 -99. In the merit list prepared pursuant to the said selection process, his name appeared at serial No. 3. According to the petitioner, when he was illegally denied the appointment, he along with other three candidates filed a joint writ petition before this Court being S.B.C. Writ petition No. 979/99 which was disposed of on 13.12.2000 by a consent order that the controversy raised therein was covered by the decision of this Court reported in 1999 Vol.2 R.L.R. p.131 and the said petition was accordingly disposed of in terms of the directions contained therein. All the four petitioners therefore submitted their applications for appointment. The respondents however sought information in regard to the status of the university from which they had passed degree of B.P.Ed. In so far as the other three candidates are concerned, the National Council for Teacher Education (for short "N.C.T.E.") by their letter dt. 24.06.2002 immediately responded. According to this letter, as the N.C.T.E. started working in the year 1995 itself, it was essential for institutions imparting education after 1996 -97 to obtain its permission. On that basis, appointment was given to those three persons. According to the petitioner, even though the said letter also covers the case of the petitioner inasmuch as he had also completed three years B.P.Ed. course in summer of 1997. Since his admission to that course was in the academic session commencing from 1994 -95, his case also should have been considered similarly. The N.C.T.E. itself has sent clarification to the D.E.O. (Secondary). In the said letter, it was stated that the constitution of the N.C.T.E. was made on 17.08.1995 and its western regional committee started granting recognition to the teachers training institution from the academic session 1996 -97 onwards and further that the concerned universities should approach the said committee for recognition of three years degree course of B.P.Ed. from the academic session 1996 -97 onwards. The present petition has been filed against the backdrop of these facts. The respondents have contested the writ petition and have submitted in their reply that although in the temporary merit list name of the petitioner appeared at serial No. 3 but when the final list was prepared, his name did not appear at all. It was therefore wrong to contend that the name of the petitioner had appeared at serial No. 3 in the merit list. Although it was admitted that appointments were given to other three candidates but it was denied that those appointments were made on the basis of the letter of N.C.T.E. dt. 24.06.2002. According to the respondents, the letter of the N.C.T.E. dt. 08.10.2002 clarifies the position that its western regional committee has started giving recognition to the teachers training institution from the academic session 1996 -97 onwards. The petitioners himself passed/completed the course of B.P.Ed. in the year 1996 -97 from the Nagpur University whereas the name of Nagpur University for B.P.Ed. has not been mentioned in the list of recognised universities/institutions issued by the Council in the year 1998. Since the petitioner has obtained three years B.P.Ed. degree from Nagpur University, the same is not approved for appointment as per the advertisement of the year 1998 -99. The government also vide its letter dt. 22.02.1999, has clarified that the N.C.T.E. Act, 1995 has come into force on 01.07.1995 therefore, the council has issued list of recognised Institutions in 1998 wherein neither the Nagpur, University nor the college of Narayan Rao Patil Vadade Physical Teacher University, Chandrapur wherefrom the petitioner obtained degree was not mentioned. Since the petitioner was not found eligible, his candidature was rightly not considered.
(3.) A Division Bench of this Court in State of Rajasthan v. Jabra Ram, 2005(1) W.L.C. (Raj) 637 noted that though the Act had come into force on 01.09.1995 but the regulations under which the steps were to be taken for recognition of the institutions could not be immediately framed and were later published by the Government of India in Gazette on 24.02.1996. Thus, the process of recognition of degrees could not commence before 24.02.1996. The petitioner in that case having taken admission in the year 1995 -96 and passed the B.Ed. Course in the year 1995 -96, was held not to have been affected by the requirement of recognition of degree.;