JUDGMENT 1. :- Since on same set of facts same relief has been claimed by the petitioners on the same ground, on the request of the counsel for the parties, all the four writ petitions are being decided by this common order. 2. The petitioners had applied for the post of School Lecturers in respective subjects pursuant to the advertisement issued by the respondent Commission on 8th June, 2001. The petitioners were not called for interview mainly on the ground that degree of B.Ed: passed by them have not been recognised. 3. There is no dispute that the petitioners were having the degree of B.Ed. from the MD University, Rohtak. The above degree was recognised by the Government of Rajasthan when the petitioners obtained the degree from the MD University, Rohtak. It was only in the year 1999 a circular was issued by the Government of Rajasthan that in view of establishment of National Council for Teachers' Education (for short 'N.C.T.E.') under the National Council for Teachers' Education Act, 1993 w.e.f. 1.7.1995, it is for the N.C.T.E. to recognise such degree and the recognition earlier granted by the Government of Rajasthan stood withdrawn w.e.f. 1st July, 1995. 4.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 MD University, Rohtak had also been granted recognition by the N.C.T.E. subsequently. 5. Admittedly, when the petitioners obtained the degree of B.Ed. from MD University, Rohtak the same was recognised by the Government of Rajasthan and the recognition by N.C.T.E. was net required since it was not even in existence or otherwise started functioning. Further even the N.C.T.E. was not required since it was not even in existence or otherwise started functioning. Further even the N.C.T.E. Act has been made effective from 1.7.1995, however, in absence of rules such recognitions could not have been granted by the N.C.T.E. for earlier years. After framing of rules, recognition admittedly has been granted by the N.C.T.E. to the degree awarded by the MD University, Rohtak.
Further even the N.C.T.E. Act has been made effective from 1.7.1995, however, in absence of rules such recognitions could not have been granted by the N.C.T.E. for earlier years. After framing of rules, recognition admittedly has been granted by the N.C.T.E. to the degree awarded by the MD 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 N.C.T.E. had not even started functioning properly. Since the degrees possessed by the petitioners, were recognised by the Government of Rajasthan at the relevant time and after coming into force the N.C.T.E. Act the same degree has been further recognised by the N.C.T.E., 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 respondents are directed to consider candidature of the petitioners treating them to have a recognised degree of B.Ed. and determine their merit accordingly. If the petitioners come in the merit and if persons having lower merit have been recommended for appointment, the Commission may now recommend the names of the petitioners for further necessary action. The seniority of the petitioners shall be treated as per the merit fixed by the Commission. Necessary exercise be made and orders if required be issued within 30 days from the receipt of the certified copy of this order.Petitions allowed. *******