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2003 DIGILAW 1663 (RAJ)

Lokesh Kumar Sharma and etc. v. State of Rajasthan

2003-12-15

ASHOK PARIHAR

body2003
JUDGMENT 1. - Since on similar set of facts same relief has been claimed by the petitioners on joint request of the parties, all the writ petitions have been heard together and are being decided by this common order. 2. The petitioners have applied for the post of Head Master in pursuance to the advertisement issued by the respondent commission on 7-3-2002. The candidature was rejected mainly on the ground that the degree of B.Ed. possessed by them was not recognised by the State of Rajasthan at the relevant time. 3. There is no dispute that the petitioners were having the degree of B.Ed. from the M.D. University, Rohtak. The above degree was recognised by the Govt. of Rajasthan when the petitioners obtained the degree from the M.D. University, Rohtak. It was only in the year 1999 a circular was issued by the Govt. of Rajasthan that in view of establishment of National Council for Teachers' Education (for short 'NCTE') under the National Council for Teachers' Education Act, 1993 w.e.f. 1-7-1995, it is for the NCTE to recognise such degree and the recognition earlier granted by the Govt. of Rajasthan stood withdrawn w.e.f. 1st July, 1995. 4. It has been submitted on behalf of the petitioners that the Act of 1993 though came into force w.e.f. 1st July, 1995, the relevant rules under the Act were framed only in the year 1996 and were made effective from the academic session 1996-97. The concerned University i.e. the M.D. University, Rohtak had also been granted recognition by the NCTE subsequently. 5. Admittedly, when the petitioner obtained the degree of B.Ed from M.D. University Rohtak, the same was recognised by the Govt. of Rajasthan and the recognition by NCTE was not required since it was not even in existence or otherwise started functioning. Further even the NCTE Act has been made effective from 1-7-1995 however in absence of rules such recognition could not have been granted by the NCTE for earlier years. After framing of rules, recognition admittedly has been granted by the NCTE to the degree awarded by the M.D. University, Rohtak. As such, in my opinion the circular issued by the Government of Rajasthan in the year 1999 would not be relevant and has only created confusion in the minds of the authorities in regard to recognition of certain degrees. After framing of rules, recognition admittedly has been granted by the NCTE to the degree awarded by the M.D. University, Rohtak. As such, in my opinion the circular issued by the Government of Rajasthan in the year 1999 would not be relevant and has only created confusion in the minds of the authorities in regard to recognition of certain degrees. It appears that the circular has been issued without proper application of mind because recognition granted earlier could not be withdrawn retrospectively from a date when NCTE had not even started functioning properly. Since the degrees possessed by the petitioners were recognised by the Govt. of Rajasthan at the relevant time and after coming into force the NCTE Act the same degree has been further recognised by the NCTE, in my opinion there is no justification for denying the benefit of the degree to the petitioners for selection to the post in question. 6. Accordingly, the writ petitions are allowed. The respondent commission is directed to consider candidature of the petitioners also treating them to have a recognised degree of B.Ed. and determine their merit accordingly, if otherwise they are eligible as per rules. Respondent may proceed further in accordance with law.Petitions allowed. *******