CHANDRAKALA TRIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEAVE granted. We have heard learned counsel for the parties. This appeal is directed against the impugned judgment and order dated 19.01.2009 passed in Special Appeal No. 409 of 2008 of the High Court of Rajasthan. The controversy arises out of the appellant's appointment to the post of Teacher for primary and upper primary schools.

(2.) THE appellant was provisionally selected for appointment to the post of Teacher. The educational qualification required for appointment to the Level(II) Upper Primary Middle School Section is; (I)Senior Secondary School Certificate or intermediate or its equivalent; and (II)Diploma or certificate in elementary teachers training of duration of not less than two years OR Bachelor of Elementary Education (B.E. Ed.) OR Graduate with Bachelor of Education( B.Ed) or its equivalent"

(3.) THE case of the appellant is that at the time when she passed the Secondary Examination, it was permissible for a candidate passing the Secondary Examination to get admission in the higher classes with a preparatory course. The appellant thereafter completed her graduation from the Indira Gandhi Open University. Then the appellant got her B.Ed. Degree on a regular basis from Maharishi Dayanand Saraswati University, Ajmer, Rajasthan. The appellant then also got her M.A degree from the same University. In that view of the matter, learned counsel for the appellant submits, that the appellant satisfies the criteria of the required qualification for appointment to the post in question.