Hon'ble MISHRA, CJ.— The intra Court appeals have been preferred as against the orders passed by different Single Benches of this court on 6.2.2009, 22.2.2010, 12.3.2010, 19.3.2010, 12.4.2010, 19.5.2010 and 26.5.2010. 2. The controversy involved in these matters is whether Bachelor of Arts Preparatory Course (BAP) is equivalent to Senior Secondary Course of Board of Secondary Education Rajasthan. It is not in dispute that the respondent-petitioners after passing the secondary examination i.e. of 10th undertook BAP course on that basis got admission in graduation course in Kota Open University. The respondent-petitioners passed graduation course from Kota Open University and thereafter they were permitted admission to BSTC course in view of the State Governments order dated 9.5.2002, which provided eligibility to such candidates for admission in BSTC course of two years' duration. The respondent-petitioners have passed Secondary Examination, which is equivalent to 10th, however, they have not passed Senior Secondary Examination, i.e. 12th Class. The respondent-petitioners claimed that since they have undertaken BAP course and thereafter completed their graduation from Kota Open University and they were held eligible for admission to BSTC course of two years duration as the Government has treated the said qualification equivalent to Senior Secondary Examination for the purpose of admission to BSTC course, therefore, they are eligible for appointment on the post of Prabodhak. The University has also treated BAP course as equivalent to Senior Secondary Examination for admission to its graduation course. RPSC has also treated BAP course as equivalent to Senior Secondary Examination for the purpose of giving appointment on the post of Teacher Grade III in view of the order of the State Government dated 9.5.2002. However, learned Additional Advocate General appearing for the State has disputed the said fact. After completion of the BSTC course, the respondent-petitioner applied for the post of Prabodhak, for which the qualification prescribed is Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years. Initially the respondent-petitioners were treated to be eligible for the post of Prabodhak by virtue of the qualification they possessed. 3. In the instant matters, there are divergent views taken by the Single Benches of this court. Initially the respondent-petitioners were treated to be eligible for the post of Prabodhak by virtue of the qualification they possessed. 3. In the instant matters, there are divergent views taken by the Single Benches of this court. Initially, the Single Bench deciding S.B. Civil Writ Petition No. 5453/2007 (Suja Ram vs. State of Rajasthan & Ors.) vide order dated 3.4.2008 by a short order dismissed the writ petition on the basis of material on record of the said case holding that the said petitioner was not possessing Senior Secondary School Certificate or the qualification of Intermediate and he failed to satisfy the Court as to how the BA Foundation Course is a qualification equivalent to Senior Secondary School Examination and that the equivalence is required to be decided by the Government and the Government has not taken any such decision, therefore, the Single Bench held that petitioner Suja Ram was jacking eligibility to be considered for appointment as Teacher Gr. III. 4. The decision in the case of Suja Ram was followed by another Single Bench in the case Jamant Singh vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 822/2009) decided on 6.2.2009 by a short order holding that matter of equivalence is to be decided by the Government and the Government has not so far decided to hold BAP course equivalent to Senior Secondary School Examination, therefore, the action of the respondents not appointing petitioner Jamant Singh on the post of Prabodhak was upheld and the writ petition was dismissed. 5. The decision in case of Suja Ram has also been followed by Single Bench at Jaipur in S.B. Civil Writ Petition No. 5951/2008 = 2009(2) RLW 1241 (Smt. Priti Dixit vs. State of Rajasthan & Ors) decided alongwith other connected writ applications on 7.1.2009 and without much discussion, the decision in the case of Suja Ram has been followed and all the writ applications have been dismissed. 6. However, another Single Bench of this Court vide order dated 22.2.2010 has taken a different view than the one taken in the case of Suja Ram which order has been impugned in the instant intra court appeals, except in the case Jamant Singh vs. The State of Rajasthan & Ors. 6. However, another Single Bench of this Court vide order dated 22.2.2010 has taken a different view than the one taken in the case of Suja Ram which order has been impugned in the instant intra court appeals, except in the case Jamant Singh vs. The State of Rajasthan & Ors. (D.B. S.A.W. No. 30/2011), the Single Bench has opined that the case of Suja Ram was decided on the basis that petitioner Suja Ram was unable to place material on record for holding that qualification of BAP course is equivalent to Senior Secondary School Examination and the State Government has not decided as to the equivalence of both the qualifications. The order of the State Government dated 9.5.2002 and various other material were not placed for consideration before the Single Bench deciding the aforesaid writ application filed by Suja Ram. Thus, the Single Bench has opined that in view of the Government's order dated 9.5.2002, a candidate having passed Secondary Examination and undertaken BAP Course from Kota Open University is eligible for admission to BSTC course, thus, the State Government itself has treated BAP course equivalent to Senior Secondary and rendered equivalence. The State Government, Kota Open University and RPSC are treating the said BAP course as a bridge course equivalent to Senior Secondary Certificate for the purpose of admission to higher classes of degree/diploma courses; consequently, the same has to be given full effect. Aggrieved by the orders passed by the Single Bench, the State has come up in the appeals. 7. We are faced in the instant cases with two divergent views taken by the Single Benches; one relying upon the decision in the case of Suja Ram, whereas subsequent to the decision in the case of Suja Ram, different view has been taken by another Single Bench of this Court which has considered the controversy in elaborate manner and on due consideration of the material place before it. 8. Learned Additional Advocate General Mr. R.L. Jangid appearing for the appellant-State has submitted that the State Government has not recognized BAP course as equivalent to Senior Secondary Examination of the Board of Secondary Examination Rajasthan. 8. Learned Additional Advocate General Mr. R.L. Jangid appearing for the appellant-State has submitted that the State Government has not recognized BAP course as equivalent to Senior Secondary Examination of the Board of Secondary Examination Rajasthan. He has also attracted attention of this Court to communication dated 13.8.2009 of Vardhman Mahaveer Open University, Kota and also the notification dated 29.4.2002 issued by the Director of Elementary Education Rajasthan, Bikaner inviting applications from Shiksha Sahayogis and Shiksha Karmis for admission to BSTC Training Course by way of correspondence, in which eligibility has been provided to be Senior Secondary Examination (10+2) pass. He has submitted that the State Govt. has issued order dated 9.5.2002 only with a view to permit the students to get admission in BSTC course and it cannot be treated to be a document conferring equivalence to BAP course with Senior Secondary Examination of Board of Secondary Education Rajasthan. In his submission, the opinion in Suja Ram's case is appropriate and the same deserves to be upheld. 9. Per contra, Dr. Pushpendra Singh Bhati appearing for the respondent-petitioners submitted that the view taken in Suja Ram's case is bereft of reasons and based mainly upon the reasoning that the petitioner has failed to place on record material indicating that BAP course is equivalent to Senior Secondary Examination. The Government's circular dated 9.5.2002 issued by the Director of Elementary Education Rajasthan, Bikaner clinches the issue. The respondent-petitioners were holding requisite qualifications for appointment as Prabodhak and they were wrongfully deprived of the appointment. Hence, no case in made out to interfere in the impugned orders passed by the Single Benches and the view taken by the Single Bench impugned in D.R.S.A.W. No. 30/2011 cannot be said to be laying down the correct law. The case of Suja Ram also could not be said to be correctly decided because material was not placed before the Single Bench and the reasons have been employed by the Single Bench in the impugned orders, assailed by the State which were not considered in any of the decisions. 10. We have gone through various orders passed by different Benches of this Court. In the case of Suja Ram, a short order has been passed giving reasons to dismiss the writ petition, which is quoted below in its entirety- "By this petition for writ, petitioner is claiming appointment to the post of Teacher Gr. 10. We have gone through various orders passed by different Benches of this Court. In the case of Suja Ram, a short order has been passed giving reasons to dismiss the writ petition, which is quoted below in its entirety- "By this petition for writ, petitioner is claiming appointment to the post of Teacher Gr. III, a post under the Rajasthan Panchayatraj Rules, 1996. The contention of the petitioner is that he is having the qualification of BA Foundation from Kota University, thus, is entitled to be considered for appointment on the post aforesaid but the respondents rejected his candidature erroneously. It is also asserted that on basis of BA Foundation Course admission was allowed to the petitioner in BSTC, therefore, the foundation course is nothing but a course equivalent to Senior Secondary School Examination. Per contra the stand of the respondents is that the State Government has not at all treated BA Foundation Course as equivalent to the Senior Secondary School Examination. Hence, in view of the provisions of Rule 266 of the Rajasthan Panchayatraj Rules, 1996 the petitioner is not eligible to be considered for appointment on the post in question. As per Rule 266 an incumbent must possess (i) senior secondary school certificate or Intermediate or its equivalent, and (ii) Diploma or certificate in elementary teachers training of a duration of not less than two years or Bachelor of Elementary Education or Graduate with Bachelor of Education or its equivalent. The petitioner is admittedly not possessing Senior Secondary School certificate or the qualification of intermediate. He also utterly failed to satisfy the Court as to how the BA Foundation Course is a qualification equivalent to Senior Secondary School Examination. The equivalence, as a matter of fact, is required to be decided by the Government and the Government in specific terms came forward with the case that no such decision is yet taken. The petitioner, therefore, is lacking eligibility to be considered for appointment as Teacher Gr.III. The writ petition is dismissed accordingly." 11. It is apparent that the Single Bench deciding the case of Suja Ram has assigned two reasons for dismissal of the writ petition in the later part of the order. The petitioner, therefore, is lacking eligibility to be considered for appointment as Teacher Gr.III. The writ petition is dismissed accordingly." 11. It is apparent that the Single Bench deciding the case of Suja Ram has assigned two reasons for dismissal of the writ petition in the later part of the order. The first reason is that the petitioner utterly failed to satisfy the court as to how the BA Foundation Course is a qualification equivalent to Senior Secondary School Examination and the second reason is that the matter of equivalence is required to be decided by the Government and the Government in specific terms came forward with the case that no such decision is yet taken. These are the two reasons mentioned by the Single Bench for forming the opinion and holding that the petitioner was lacking eligibility to be considered for appointment as Teacher Gr.III. The said decision is based upon the material placed before the Single Bench for consideration. In other matters which have been decided by the impugned orders passed by the Single Benches, which have been challenged in appeals preferred by the State Government, except in D.B.S.A.W. No. 30/2011, the Single Bench has considered the material in extensive detail which was placed for consideration including government decision dated 9.5.2002. We are of the opinion that in case the material has been placed on record in subsequent cases it was open to take a different view than the one taken in the case of Suja Ram. The decision in the case of Suja Ram could not have been said to be binding precedent as it was based upon the material placed before the Single Bench in that matter. We have found view taken in the orders impugned by the State in appeals to be in accordance with law. It does not appear that the order of the State Government dated 9.5.2002 was placed before the Single Bench deciding the case of Suja Ram, therefore, the same has not been considered in the order. In other subsequent decisions in Jamant Singh and Civil Writ Petition No. 5951/2008 (Smt. Priti Dixit vs. State of Rajasthan & Ors.) different Single Benches simply followed the decision in the case of Suja Ram without much discussion for consideration of the material etc. and in those orders also same reasonings have been employed. 12. In other subsequent decisions in Jamant Singh and Civil Writ Petition No. 5951/2008 (Smt. Priti Dixit vs. State of Rajasthan & Ors.) different Single Benches simply followed the decision in the case of Suja Ram without much discussion for consideration of the material etc. and in those orders also same reasonings have been employed. 12. Out of the orders which have been impugned by the Government in the instant appeals, the first one was passed on 22.2.2010 by Hon'ble Prakash Tatia, J., as he then was, wherein Government's circular dated 9.5.2002 has been taken into consideration. Kota Open University also gives admission in the Bachelor degree course after completion of BAP course. The State Government itself has also accepted BAP course as equivalent to Senior Secondary Examination for the purpose of giving admission to BSTC course run by the State Government, thus, it has been held that the respondent-petitioners holding the qualification of Secondary Examination and BAP course passed form Kota Open University and undertaken BSTC course thereafter are eligible for appointment as Prabodhak. It was also opined that RPSC is also recognizing the BAP course as equivalent to Senior Secondary Examination while giving appointment to the post of Teacher Gr. III, where the basic qualification is Senior Secondary Examination certificate as this fact was admitted by the counsel before the Single Bench. 13. In our opinion, the view taken by Hon'ble Prakash Tatia, J. in the impugned orders appears to be based on material and due consideration of the eligibility for admission to graduation and BSTC course and the order of the State Government dated 9.5.2002, the same is in accordance with law for the reasons mentioned hereinafter. 14. For appointment as Prabodhak, following qualifications are prescribed in the Schedule attached to the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 reproduced hereunder:- S. No. Name of post Method of Recruit-ment with percen-tage Post from which promo-tion is to be made Qualifi-cation and Experi-ence for promo-tion Qualification and Experience for Direct Recruitment Remarks 1 2 3 4 5 6 7 1. Sr. Prabodhak (5000-8000) — — — — — 2. Sr. Prabodhak (5000-8000) — — — — — 2. Prabodhak (4500-7000) 100% by direct recruit-ment — — Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years. OR Graduation with Bachelor of Education (B.Ed.) or its equivalent AND Must have at least 5 years continuous teaching experience without any break in any recognized educational institution/ educational project. 15. The first part of the qualification prescribed for the post of Prabodhak is that one must possess Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years. It is not in dispute that the respondent petitioners are possessing the qualification of BSTC course of two years. Dispute is only that whether the respondent-petitioners who after passing Secondary Examination have undertaken BAP course from Kota Open University can be treated as having qualification equivalent to Senior Secondary Examination. The Director, Elementary Education Rajasthan, Bikaner has issued a circular dated 9.5.2002 on the basis of order of State Government dated 3.5.2002, wherein it is clearly provided in para 3 that the para teachers who have passed 10th class examination and thereafter have passed BAP training course of two years duration. The respondents petitioners have not only undertaken BAP course which is a preparatory course for admission to graduation course, but also have completed graduation from Kota Open University. It is apparent from the aforesaid decision of the appellants that they have treated the candidates 10th pass and undertaken BAP course from Kota Open University eligible for admission to BSTC course, meaning thereby the State Government has treated BAP course from Kota Open University equivalent to Senior Secondary Examination certificate for the purpose of admission to BSTC course. It is admitted that the Director of Elementary Education Rajasthan, Bikaner has issued instructions vide circular dated 9.5.2002 in terms of the State Government's order dated 3.5.2002 and admittedly the said circular dated 9.5.2002 has not been withdrawn by the State Government. Hence, the State Government is bound by the aforesaid decision. It is admitted that the Director of Elementary Education Rajasthan, Bikaner has issued instructions vide circular dated 9.5.2002 in terms of the State Government's order dated 3.5.2002 and admittedly the said circular dated 9.5.2002 has not been withdrawn by the State Government. Hence, the State Government is bound by the aforesaid decision. Thus, in our considered opinion, it was not open to the State Government to contend that such incumbents, who have completed BSTC course after passing 10th class and BAP course from Kota Open University and are graduate also, are not eligible for appointment to the post of Prabodhak. We also find that for admission to graduation course in Kota Open University, Senior Secondary is eligibility criteria and the students who have passed 10th class examination and have undertaken BAP course are treated as eligible for admission to graduation course. It is apparent that Kota Open University is treating BAP course as equivalent to Senior Secondary and that is why admissions are given to graduation course, certificate to the contrary is of no avail to the State. It is not in dispute that at the relevant time, admission to graduation course in Kota Open University could not have been given to a person without possessing Senior Secondary Examination certificate or its equivalent, thus, for all purposes, the incumbents who have been given admission to graduation course after passing BAP course were treated as having qualification equivalent to Senior Secondary or intermediate. The same is also reflected in the State Government's circular dated 3.5.2002/9.5.2002. Thus, in our considered opinion, there is no infirmity in the view taken by Hon'ble Prakash Tatia, J. in the orders which have been impugned by the State. We accordingly affirm the same and set aside the view of the Single Bench based on the decision in the case of Suja Ram (supra), Jamant Singh (supra) and Civil Writ Petition No. 5951/2008 (Smt. Priti Dixit vs. State of Rajasthan & Ors.) inasmuch as dealing with aforesaid question as rest of the questions are not before us for adjudication in these appeals and hold that the view taken in Suja Ram's case and in other orders based thereupon, does not lay down correct law as sufficient material to form correct opinion was not placed before the Single Bench deciding Suja Ram's case, which has been simplicitor followed in other cases. 16. 16. The respondent-petitioners are having the qualification of graduation and BSTC course after passing 10th class and BAP course, thus, they are having much higher qualification than Senior Secondary Examination, thus, they cannot be treated as ineligible for appointment to the post of Prabodhak. 17. We need not go into the question whether RPSC has recognized the qualification of 10th pass and BAP course as equivalent to Senior Secondary or not. Material is lacking in that regard. Whatever that may be, we need not go into that question as the other material on record is sufficient to come to the conclusion that the State Government has treated the qualification of 10th pass + BAP course from Kota Open University as equivalent to Senior Secondary for admission to BSTC Course. The two reasonings employed in the case of Suja Ram one that sufficient material was not placed before the Single Bench and second that the State Government has not taken any decision on the matter of equivalence of the qualification of 10th pass + BAP course with Senior Secondary Examination in view of State Government order dated 3.5.2002/9.5.2002 do not survive. The requisite material has been placed before the Single Bench in subsequent writ applications, which have been allowed by Single Benches. No order contrary to circular dated 9.5.2002 based on government order dated 3.5.2002, issued by the State Government has been placed on record to show that the State Government has decided not to treat the qualification of 10th pass + BAP course from Kota Open University equivalent to Senior Secondary Examination for admission to BSTC course. Once BSTC has been done it has to be given effect to. On the contrary, it has been admitted that order of the State Government dated 3.5.2002 on the basis of which the Director, Elementary Education Rajasthan, Bikaner has issued circular dated 9.5.2002 still holds good. 18. In view of the aforesaid, we allow D.B. Civil Special Appeal (Writ) No. 30/2011 (Jamant Singh vs. The State of Rajasthan & Ors.) and unhesitatingly dismiss the appeals preferred by the State Government.