JUDGMENT 1. - Preparation of paper book is dispensed with. 2. At the request of learned counsel for the parties the appeal was heard on merits. 3. It is stated by both the learned counsel that controversy raised in this case stands concluded by the decision of the Supreme Court in Union of India & Ors. v. V. Shah Goverdhan L. Kabra Teachers College, JT 2002(8) SC 269 by which the decision of a Division Bench of this Court has been reversed. 4. The contention raised by the respondent - petitioners was that though they did not fulfil the requisite qualification for being appointed as Physical Training Instructor (Teacher Grade III) as required by NOTE Act, 1993, they fulfil the requisite qualification prescribed for the post under Rajasthan Educational Subordinate Service Rules, 1971. They claimed for consideration of such appointment by ignoring the provisions of NCEI (Sic NCTE) Act by contending that Sec. of the NCEI (Sic NOTE) Act is ultra vires. Learned Single Judge of this Court in Shah Gordhan Kabra's case S.B. Civil Writ Petition No. 1644/1999, has upheld the contention of the petitioners in that case and the provisions of NCTE Act are invalid and the recruitment should be made under the State Rules. 5. Following the aforesaid decision in Shah Gordhan Kabra's (supra) case the petition filed by the respondents No. 1 and 2 was also allowed by directing tat in view of the judgment in Civil Writ Petition No. 1644/1999 this petition is also disposed of. 6. Since the filing of this special appeal, the decision in Shah Gordhan Kabra's case (supra) which was affirmed by the Division Bench has been reversed by the Hon'ble Supreme Court and, therefore, in that view of the matter, the petitioner - respondents who are (sic-not) holding the qualification required under the NCET Act cannot claim for any relief on that premise. 7. In view thereof, this special appeal is allowed. The judgment under appeal is set aside and the writ petition is dismissed. No order as to costs.Special Appeal Allowed. *******