RICHA RATHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order dated 31.10.2011, whereby, petitioner's services have been terminated for want of educational qualifications. It is stated that pursuant to the advertisement dated 2.6.2004 when petitioner stood in merit, he was appointed on the post of Teacher Gr III vide order dated 2.4.2005. Documents pertaining to educational qualifications and other documents were sent for verification which were found to be genuine, accordingly, petitioner was allowed to join the services. On successful completion of period of probation, petitioner was confirmed in service w.e.f. 8.4.2007. Services of the petitioner were terminated vide impugned order without following principles of natural justice. Thus prayer is to set aside the impugned order.

(2.) It is contended that once petitioner has been selected to the post and given appointment followed by confirmation, he could not have been terminated in the manner it has been done by the respondents. Petitioner was in possession of required qualification as she possesses educational qualifications of Secondary and Senior Secondary examinations as recognised by the Government of Rajasthan yet petitioner has erroneously been treated ineligible only on the ground that Senior Secondary examination was passed with vocational subjects instead of academic subjects.

(3.) It is stated that the issue regarding qualification with vocational subjects has already been settled by this court in the case of "Mohammad Iqbal vs. State of Rajasthan & Ors.", DB Civil Appeal (Writ) No. 646/2001, decided on 19.11.2009. In the aforesaid case, appointment was denied on the ground that petitioner, therein, was possessing qualification of Senior Secondary with vocational subjects. The Division Bench came to the conclusion that distinction between the two course namely Senior Secondary (Vocational) and Senior Secondary (Academic) was an issue for consideration before the Hon'ble Apex Court in the case of "Sunita Sharma & Ors. vs. State of Rajasthan & Ors., 2001 10 JT 178" and, therein, it was held that distinction taken by the State regarding two qualifications is bad. Accordingly, number of cases were decided by this court referring to the judgment in the case of Sunita Sharma . The Division Bench of this court in the case of Mohammad Iqbal allowed the appeals. It is, accordingly, submitted that present matter is covered by the judgment in the case of Mohammad Iqbal thus prayed that the impugned order of termination may be set aside.