USHA JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present special appeal has been filed by the appellant petitioner against the judgment dated 11. 8. 1999 passed by a learned Single Judge of this Court whereby the writ petition filed by the petitioner was dismissed by the learned Single Judge.

(2.) IN the writ petition, the petitioner claims that she obtained B. T. C. degree from Uttar Pradesh in the year 1976, which was treated by the State of Rajasthan equivalent to B. S. T. C. of Rajasthan till 11. 6. 1980 when the Deputy Director, Primary and Secondary Education, Rajasthan, Bikaner has issued an order whereby this degree was de-recognised. The petitioner claims that she was appointed as a Trained Teacher vide order dated 5. 4. 1980 vide Annex. 1. Annex. 1. states that the petitioner is appointed until the end of the sessions or regularly selected candidates are available. The petitioner's further case is that she has been regularly paid salary. Every year she was appointed with a break of summer vacation. The petitioner claims that the petitioner was ordered to be retained in service until a final decision is taken by the State of Rajasthan regarding B. T. C. obtained by the petitioner. The petitioner also claims that the State of Rajasthan issued a direction on 6. 4. 1988 that the teachers who have been appointed prior to 31. 12. 1985 should be regularised. Ultimately on 15/18. 5. 1992 the petitioner was relieved from her service treating her to be not qualified.

(3.) WE have considered the rival submissions made at the Bar on behalf of both the parties and have also perused the record.