Sunil Ambwani, Actg. C.J. - (1.)WE have heard Shri Manoj Kumar Verma, the appellant, appearing in person. Shri Ashok Kumar, OIC, UDC, represents the respondent No. 1 -RPSC.
(2.)THIS special appeal is directed against the judgment of the learned Single Judge dated 16.12.2013, by which he has dismissed the writ petition, filed by the petitioner, and other connected petitions on the ground that the petitioner does not possess the qualification prescribed for appointment as a Physical Training Instructor (in short, 'PTI'), Grade -II & III, by the Regulations made under the National Council for Teacher Education (in short 'the NCTE'). The learned Single Judge has, after dismissing the writ petition, has given directions to the respondents to amend the Rajasthan Educational Subordinate Service Rules, 1971 (in short, 'the Rules of 1971'), for appointment on the post of Teacher (PTI), to make it in consonance with the National Council for Teacher Education (Determination of Qualification for Recruitment of Teachers) Regulations, 2001 (in short, 'NCTE Regulations, 2001').
The appellant, after completing High School and Intermediate, joined and completed the graduation course of Bachelor of Physical Education (B.P.E.) from Maharishi Dayanand Saraswati University, Ajmer. He challenged the advertisement issued by the Rajasthan Public Service Commission (in short 'the RPSC) for recruitment on the post of PTI Grade -II and PTI Grade -III, on the ground that the required qualification for PTI Grade -II and PTI Grade -III, does not include three years degree course of Bachelor of Education, pursued by the appellant. The advertisement provided the qualification for PTI Grade -II as 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 Grade -III, the qualification advertised was 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 the NCTE and working knowledge of Hindi written in Devnagri Script and knowledge of Rajasthani Culture.

(3.)THE appellant/petitioner relied upon the judgment of this Court in State of Rajasthan & Ors. Vs. Hari Ram & 16 Ors., : 2001(1) WLC(Raj.) 124, in which the candidates holding Bachelor's Degree in Physical Education from Nagpur, were held eligible for the post of PTI Grade -II. The judgment was affirmed by the Apex Court.