STATE OF RAJASTHAN Vs. KARAN SINGH RATHORE

JUDGEMENT

(1.) HEARD Mr. B. M. Bohra, learned counsel for the appellant State and Mr. M. Mridul, Senior Advocate, for the caveator respondent.

(2.) THE Writ Petitions from which these appeals arise, were filed by Rajasthan Vidhya Peeth and terminated senior teachers seeking following directions: "by appropriate writ, order or direction, it be declared that the B. Ed. degree granted by the petitioner to the candidates after grant of degree of B. Ed. (Child Development) and undergoing successful 3 months Bridge Course, is a B. Ed. degree which entitles a candidate to appointment being granted as Senior Teacher and above in the Government of Rajasthan. Further, the respondents be directed not to terminate the services of candidates appointed with this qualification as Grade II (Senior Teacher and above) Teacher hereinafter. "

(3.) AT the outset, we may say that there is no quarrel to the proposition of law that it is for the each University to decide the question of equivalence of examinations and it is not for the Courts to sit in judgment over the decisions of the University because it is not a matter on which the Court possesses any expertise. This is the consistent view which the Apex Court and this Court have taken in catena of decisions. This is what has been laid down in all the three cases of of the Apex Court cited by the learned counsel for the appellants. There is also no quarrel to the proposition that laying down the criteria for recruitment including the eligibility criterion and the requisite educational qualification is within the domain of the employer and it is for the State Government to lay down the requisite eligibility conditions for employment for appointment on the post of Senior Teacher Gr. II or other posts under the Rules of 1971 and the eligibility of the candidates thereto had to be judged in the light of that criterion alone. The State Government has laid down the qualification for Senior Teacher under the Rules of 1971. For convenience, we have dissected the minimum qualification into two parts as follows: "i. Graduate or equivalent examination with atleast two subjects taught in Schools; ii. Degree or Diploma in Education or Montessory Training. "