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2015 DIGILAW 1681 (RAJ)

Om Prakash v. The Zila Parishad, Chittorgarh

2015-09-17

GOVIND MATHUR, JAISHREE THAKUR

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JUDGMENT 1. By advertisement No.01/1995 the District Establishment Committee, Zila Parishad, Chittorgarh invited applications from eligible candidates to be considered for appointment as Teacher Gr.III. The petitioner in pursuance thereto, submitted an application and faced the process of selection. Though, he secured 76.68 merit marks, appointment was not accorded to him, hence, he approached this Court by way of filing a petition for writ with assertion that the respondents have given appointment to Shri Jagdish Chandra Jat and Shri Vidhotama Sharma (respondents no.2 and 3 respectively) despite having less merit marks. 2. A reply to the writ petition was filed on behalf of Appointing Authority with assertion that in view of Government of Rajasthan circular dated 22.12.1995, the appellant-petitioner was not eligible to face the process of selection, being having a Basic School Teaching Certificate (BSTC) from State other than the State of Rajasthan. 3. The learned Single Bench by the judgment impugned dated 05.9.2013 dismissed the writ petition by arriving at a conclusion that non-availability of the facts with regard to the marks obtained by respondents no.2 and 3 dis-entitles the petitioner to get his merit compared with them. According to the learned Single Bench, the assertion that the respondents no.2 and 3 secured less than the petitioner was not sufficient to be accepted ipse-dixit. 4. In appeal, the appellant-petitioner submitted that the facts stated in writ petition about merit of appellant-petitioner was not refuted by the Appointing Authority, therefore, the same is required to be accepted and further that the exact merit marks of the respondents could have not been disclosed the petitioner as in the year 1995 no right to have such information was available, therefore, the learned Single Bench erred in rejecting the writ petition. 5. This Court by order dated 29.7.2015 directed Zila Parishad, Chittorgarh to make available the marks obtained by respondents no.2 and 3 as a consequence to the process of selection initiated for recruitment to the post of Teacher Gr.III under the advertisement No.01/1995. As per the record, the appellant secured 76.68 merit marks, whereas the respondents no.2 and 3 secured 74.84 and 74.44 merit marks respectively. In view of it, we are satisfied that the statement given by the appellant-petitioner that he was having more merit marks then the respondents no.2 and 3 is correct. As per the record, the appellant secured 76.68 merit marks, whereas the respondents no.2 and 3 secured 74.84 and 74.44 merit marks respectively. In view of it, we are satisfied that the statement given by the appellant-petitioner that he was having more merit marks then the respondents no.2 and 3 is correct. The only question that deserves adjudication is that whether the respondents were right in denying consideration to candidature of the petitioner by relying upon the circular dated 11.12.1995 passed by Department of Rural Development and Panchayati Raj, Government of Rajasthan, Jaipur. The circular aforesaid mentions that the degrees obtained through distant education from outside Rajasthan shall not be treated recognised for appointment as Teacher Gr.III. 6. It is the position admitted that the Rules under which recruitment is to be made nowhere restricts consideration for appointment on the basis of place of degree/certificate obtained from any State other than Rajasthan. The only requirement is that such degree/certificate must be recognised as equivalent to the qualification obtained from a legally established University or Board. In view of it, the condition circulated for not considering candidature of the persons having degree/diploma/certificate from the institutions outside Rajasthan, is honest. So far as equivalence of the qualification is concerned, suffice to mention that relying upon the judgment of Hon'ble Supreme Court given in the case of Dr. B.L. Asawa v. State of Rajasthan reported in AIR 1982 SC 933 and judgment of this Court given in the case of Smt. Madhu Santosh v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.2502/1989, decided on 21.02.1991) held that the degrees granted through distant education by the Universities created under or by a statute have ipso facto recognition and, thus, must be accepted and treated as valid throughout the country. In view of this legal background, we are of the considered opinion that the respondents erred while denying consideration to petitioner's candidature for appointment as Teacher Gr.III relying upon the circular dated 22.12.1995. 7. Accordingly, the special appeal is allowed. The respondents are directed to consider candidature of appellant for appointment as Teacher Gr.III from the date the same was accorded to the persons having less merit marks than the appellant. The appointment be accorded to the appellant if he is otherwise found suitable on the date of consideration. The appellant shall also be entitled for all consequential benefits on notional basis. The appointment be accorded to the appellant if he is otherwise found suitable on the date of consideration. The appellant shall also be entitled for all consequential benefits on notional basis. No order as to costs.Appeal Allowed. *******