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2010 DIGILAW 989 (RAJ)

Babu Lal Meena v. State of Rajasthan

2010-05-06

RACHUVENDRA S.RATHORE

body2010
JUDGMENT Hon'ble RATHORE, J.-All these writ petitions involve a common question as to whether qualification of B.Ed. (Shiksha Visharad) issued by Hindi Sahitya Sammelan, Allahabad'is equivalent to B.Ed. course for the purpose of appointment on the post of Teacher Grade-III or not and as such they are being decided by this common order. 2. Broad facts of these cases, as taken from the writ petition of Babu Lal Meena and others (8752/07), are that the petitioners had applied on the post of Teacher Grade-III as advertised by Rajasthan Public Service Commission. They had appeared in the examination and were declared successful. Thereupon, the Commission informed the petitioners that the qualification of B.Ed. (Shiksha Visharad) is not from a recognised University. It is to be noted that applications invited by the respondent-Commission and the qualification prescribed for the post of Teacher Grade-III was B.Ed., BSTC or equivalent. Therefore, the petitioners feeling aggrieved by the order dated 26.9.2007, by which they have been treated ineligible for the post of Teacher Grade-III, filed these writ petitions with the prayer that the impugned order be set aside and they be appointed on the said post in accordance to their merit position. 3. The respondent-State has contested the petitions and has stated in the reply that as per the Rules of Rajasthan Panchayati Raj Rules, 1996 and Rules of National Council for Teachers Education, the minimum academic qualification required for appointment on the post of Teacher Grade-Ill in Primary School Teacher is Senior Secondary with two years BSTC Course or its equivalent and for appointment to the post of Teacher of Upper Primary School is Senior Secondary, Graduate with B.Ed. or its equivalent from the recognised University. They have stated that in the present case, the petitioners were having the degree of Shiksha Visharad which had not been obtained from a recognised University. It is also stated in the reply that provisional admission cards were issued to the petitioners with the specific endorsement that they are admitted provisionally, subject to their eligibility. The case of the respondents is that petitioners having failed to fulfill the required eligibility, therefore; they had not been given appointment on the post of Teacher Grade-III. It is also stated in the reply that provisional admission cards were issued to the petitioners with the specific endorsement that they are admitted provisionally, subject to their eligibility. The case of the respondents is that petitioners having failed to fulfill the required eligibility, therefore; they had not been given appointment on the post of Teacher Grade-III. It has also been stated that degree of Shiksha Visarad from Hindi Sahitya Sammelan, Allahabad is not from a recognized University as per the National Council for Teachers Education and therefore on account of want of minimum qualification, the petitioners are not entitled to be appointed on the post of Teacher Grade III. 4. The respondent-Rajasthan Public Service Commission has submitted an additional affidavit to controvert the averments made in the writ petition. It 45 has been deposed in the affidavit that so far as appointments of Shri Tikaram, Balram, Rekharam and Vinod Meena are concerned, their services have been terminated for not possessing the requisite qualification for the post. The Commission has also explained in respect of other writ petitions, mention of which have been made in the order of District Education Officer and Additional Chief Executive Officer, Rajsamand (Annex. 23), filed with the writ petition. Deposition has been made in the additional affidavit that National Council for Teachers Education, Northern Regional Committee vide letter dated 23.8.2005 clearly informed that B.Ed. from Hindi Sahitaya Sammelan, Prayag is not recognised. Further, it mentioned that the degrees which were awarded by Hindi Sahitaya Sammelan, Prayag are granted equivalence of Hindi Level Language. Examination only and the petitioners have failed to place on record any document to show that the State Government has considered Shiksha Visharad Degree of Hindi Sahaitaya Sammelan equivalent to B.Ed. and in absence of it the petitioners have no right to claim equivalency and it cannot been said that they are eligible for appointment. Further, it has been mentioned in the additional affidavit that vide notification dated 28.4.2003, an amendment has been made in the National Council of Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools Amendment) Regulations, 2003 wherein it has been given about NCTE for determination of qualification for recruitment of teachers in schools. The petitioners have failed to place any document on record by which it can be said that Shiksha Visharad Degree is equivalent to the B.Ed. qualification. The petitioners have failed to place any document on record by which it can be said that Shiksha Visharad Degree is equivalent to the B.Ed. qualification. Therefore, according to the respondent-Commission, petitioners have no case and the writ petition deserves to be dismissed. 5. It is submitted by the learned counsel for the petitioners that petitioners have passed Shiksha Visharad Education from Hindi Sahitya Sammelan, Allahabad. Further, it is submitted that the said institution is of national importance (Exhibit-17It is also submitted that University Grants Commission has recognised the degree of Shiksha Visharad. The learned counsel submits that as per hand Book of Personal Officers (Exhibit-19) Hindi Sahitya Sammelan, Allahabad is recognised for recruitment by Government of India. He has also submitted that persons, having qualification of Shiksha Visharad had been selected by the respondent-commission itself and appointed Teacher Grade-III as for instance Shri Tikaram Meena, Shri Bal Ram Meena, Ms. Rekha Meena and Shri Vinod Kumar Meena. 6. On the other hand, learned counsel for the respondent-State as well as the Commission have reiterated the stand taken by them in their replies as well as in the additional affidavit. It has been submitted that recruitments in the instance case is for the post of Teacher Grade-III, which is to be in accordance to the Rules of Rajasthan Panchayati Raj Rules, 1996 and the Rules of National Council for Teachers Education. It has also been submitted that the petitioners are having the degree of Shiksha Visharad, which has not been obtained from a recognised University. The order dated 23.8.2005, according to the learned counsel for the respondents, makes it clear that B.Ed. from Hindi Sahitya Spmmelan, Prayag is not a recognised qualification and the degree so awarded are equivalence for the Hindi Level Language only. In support of their submissions, learned counsels have placed reliance on the case of Pramod Kumar vs. U.P. Secondary Education Services Commission & Ors., 2008 (7) SCC, 153. 7. On having given my thoughtful consideration to the submissions made by the counsels for the rival parties, I am of the considered opinion that these writ petitions have no force. The respondent-Rajasthan Public Service Commission had issued advertisement for the post of Teacher Grade-III. The said appointment was to be made as per the Rules of Rajasthan Panchayat Raj Rules, 1996 and the Rules of National Council for Teachers Education. The respondent-Rajasthan Public Service Commission had issued advertisement for the post of Teacher Grade-III. The said appointment was to be made as per the Rules of Rajasthan Panchayat Raj Rules, 1996 and the Rules of National Council for Teachers Education. The minimum qualification required for the appointment on the post of Teacher Grade-III in Primary School Teacher is senior secondary with two years BSTC Course or its equivalent and for appointment to the post of Upper Primary Teacher is Senior Secondary, Graduate with B.Ed. or its equivalent from a recognised University. In the present case, the petitioners have totally failed to place on record any document to show that the degree of Shiksha Visharad is from the recognized University. The letter issued by National Council on 23.8.2005 further supports the case of the respondents that B.Ed. from Hindi Sahitaya Sammelan, Prayag is not a recognised qualification. Further, it makes it clear that the degrees, which are awarded by the said institution, are granted equivalency for Hindi Level Language Examination only. There is no material on record to show that the State Government has considered Shiksha Visharad degree from Hindi Sahitaya Sammelan as equivalent to B.Ed. degree. In absence of it, the petitioners have no right to claim equivalency. Therefore, it cannot be said that the petitioners are eligible for the appointments in the instant case. Learned counsel for the respondents have placed reliance on the case of Promod Kumar (supra) wherein the Hon'ble Supreme Court has observed, in para 23, as under: "23. Our attention has been drawn to a decision of the Punjab and Haryana High Court in Ram Bhagat Sharma vs. State of Haryana wherein it was directed: With a view to protect the interest of the students community, we direct the Government of Haryana to take steps to prevent future recruitment of persons possessing qualifications awarded by Hindi Sahitya Sammelan, Allahabad, and/or Hindi Sahitya Sammelan, Prayag, Allahabad, and at the same time take appropriate measures to dispense with the services of the unqualified teachers. For this purpose, the Government of Haryana is directed to issue written instructions to all concerned that in future no appointment be given to the persons possessing qualifications by the institutions referred to hereinabove. For this purpose, the Government of Haryana is directed to issue written instructions to all concerned that in future no appointment be given to the persons possessing qualifications by the institutions referred to hereinabove. We also direct the Government of Haryana to take steps for terminating the services of all such teachers who have secured employment on the basis of degrees/diplomas/certificates issued by Hindi Sahitya Sammelan, Allahabad and/or Hindi Sahitya Sammelan, Prayag, Allahabad. However, those who have completed three years service should be given an opportunity to acquire the requisite qualification within a stipulated time. In case they fail to acquire such qualification, then appropriate order be passed to dispense with the services of such persons. We, with respect do not subscribe to the said view. In any event, it is not a case where, this Court is to protect the interest of the students. The question herein is as to whether the services of the appellant can be said to have been illegally terminated o not." Similar controversy was considered by this Court in a recent case of Sajjan Singh vs. State of Rajasthan & Drs., SB Civil Writ Petition No. 8602/2007 decided on 29.4.2010 wherein this Court had accepted the contentions advanced on behalf of Rajasthan Public Service Commission, that the B.Ed. course from Hindi Sahitya Sammelan, Allahabad, as per the letter of NCTE dated 31.3.2006, was not recognised and, therefore, the candidature of the petitioners therein was rejected for the post of Teacher Grade-II in Upper Primary School. 8. In view of the above, the petitioners have no case because they do not fulfill the requisite qualification of B.Ed. course for the purpose of appointment on the post of Teacher Grade-III. In furtherance of advertisement issued by the RPSC, the petitioners had applied but the B.Ed. course (Shiksha Visharad), which they have obtained from Hindi Sahitya Sammelan, Allahabad is not a recognised qualification and the respondents have rightly issued the order dated 26.9.2007 holding that they do not fulfill the eligibility. This has been made more than clear by the various orders issued by the National Council for Teacher Education that the persons, who are holding the degree of Shiksha Visharad from Hindi Sahitya Sammelan cannot claim equivalency with B.Ed. degree from a recognised University and they do not fulfill eligibility for appointment on the post of Teacher Grade-III. 9. This has been made more than clear by the various orders issued by the National Council for Teacher Education that the persons, who are holding the degree of Shiksha Visharad from Hindi Sahitya Sammelan cannot claim equivalency with B.Ed. degree from a recognised University and they do not fulfill eligibility for appointment on the post of Teacher Grade-III. 9. Consequently, these writ petitions fail and they are hereby dismissed. There shall be no order as to costs.