STATE OF RAJASTHAN Vs. HARI RAM

JUDGEMENT

(1.) HEARD Mr. R. N. Mathur, learned Additional Advocate General, Mrs. Shashi Jain and Mr. M. C. Gupta for the respective appellants and Mr. M. Mridul, Sr. Counsel along with Mr. Ajay Rastogi, Mr. R. D. Rastogi, Mr. S. K. Gupta and Mr. Bhanwar Bagri, learned counsel for the respondents.

(2.) THESE appeals are filed against the common order dated 21. 5. 1999 passed by a learned single Judge Hon'ble Mr. Justice J. C. Verma. The writ petitions were filed by the respondents as petitioners who are holding a Bachelor's degree in Physical Education known as B. P. Ed. from Indira Gandhi University, Nagpur and other Universities. It is their contention that the degrees stand recognised by the respective authorities of the Rajasthan. The post of Physical Training Instructors Grade II, called as PTIs, are to be filled up under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter, to be referred as `the Rules of 1971' ). 50% of the posts are to be filled up by direct recruitment and 50% by promotion. In these cases we are concerned only with regard to the filling up of 50% posts by direct recruitment. The respondents herein, in response to the various advertisements had applied for consideration. As already noticed, the respondents are holding graduates degree in physical education. However, their applications have been rejected on the ground that none of the respondents/petitioners holds a graduate degree. The rejection of the application was challenged by all the writ petitioners by filing above writ petitions.

(3.) WE have carefully considered the qualification prescribed. The aforesaid qualification mentioned in column 5 requires that the person for being recruited as P. T. I. Gr. II on direct recruitment basis shall be a graduate with certificate of Physical Education or Secondary with four years diploma in Physical Education. In the instant case, the petitioners have apprised the respondents that while pursuing the course of degree in Physical Education, they have undergone more theoretical studies and also more practical training in comparison to those persons who have acquired diploma in Physical Education. The petitioners have represented and apprised to the respondents that they are qualified in comparison to those persons who have been treated eligible merely on possession of diploma in Physical Education. It is also urged that the persons who have acquired degree from the same Universities from where the petitioners have also acquired their degree have been considered eligible and have been provided appointment by the respondents in various regions. At the time of hearing, it is submitted that the department has provided certain appointment to the persons mentioned in paragraph 8 of the writ petition filed by Pratap Singh Hada and others (S. B. Civil Petition No. 5125/98 ). It is also pointed out that the candidature of the afore-mentioned persons mentioned in paragraph 8 was considered solely on the basis of degree in Physical Education possessed by them. The photo stat copies of the orders dated 20. 12. 1996, 22. 1. 1997 and 20. 6. 1994 have been filed and marked as Annex. 9, 10 & 11 respectively. Under these circumstances, we are of the opinion that the petitioners who have come before this Court are discriminated by being left out by the respondents, the appellants herein from consideration. Thus, it has to be construed that the petitioners have been discriminated and excluded from consideration. Thus, the action of the respondents, the appellants herein is discriminatory and, therefore, is liable to be interfered with. It is also established before us that the appellants earlier have treated the petitioners eligible and now appellants cannot take a different stand and are estopped to resile from their earlier stand on their own actions. The Government had issued letter dated 16. 3. 1998 directing all the concerned authorities to treat B. P. Ed. degree as qualifying degree for the purpose of appointment to the post of Physical Training Instructor Gr. II and Gr. III.