STATE OF RAJASTHAN Vs. LACHCHA RAM

JUDGEMENT

(1.) The intra Court appeals have been preferred as against the orders passed by different Single Benches of this court on 6.2.2009, 22.2.2010, 12.3.2010, 19.3.2010, 12.4.201-0, 19.5.2010 and 26.5.2010.

(2.) The controversy involved in these matters is whether Bachelor of Arts Preparatory Course (BAP) is equivalent to Senior Secondary Course of Board of Secondary Education Rajasthan. It is not in dispute that the respondent- petitioners after passing the secondary examination i.e. of 10th undertook BAP course on that basis got admission in graduation course in Kota Open University. The respondent-petitioners passed graduation course from Kota Open University and thereafter they were permitted admission to BSTC course in view of the State Governments order dated 9.5.2002, which provided eligibility to such candidates for admission in BSTC course of two years' duration. The respondent-petitioners have passed Secondary Examination, which is equivalent to 10th, however, they have not passed Senior Secondary Examination, i.e. 12th Class. The respondent-petitioners claimed that since they have undertaken BAP course and thereafter completed their graduation from Kota Open University and they were held eligible for admission to BSTC course of two years duration as the Government has treated the said qualification equivalent to Senior Secondary Examination for the purpose of admission to BSTC course, therefore, they are eligible for appointment on the post of Prabodhak. The University has also treated BAP course as equivalent to Senior Secondary Examination for admission to its graduation course. RPSC has also treated BAP course as equivalent to Senior Secondary Examination for the purpose of giving appointment on the post of Teacher Grade HI in view of the order of the State Government dated 9.5.2002. However, learned Additional Advocate General appearing for the State has disputed the said fact. After completion of the BSTC course, the respondent-petitioner applied for the post of Prabodhak, for which the qualification prescribed is Senior Secondary School certificate or intermediate or its equivalent, with Diploma or certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years. Initially the respondent-petitioners were treated to be eligible for the post of Prabodhak by virtue of the qualification they possessed.

(3.) In the instant matters, there are divergent views taken by the Single Benches of this court. Initially, the Single Bench deciding S.B. Civil Writ Petition No. 5453/2007 (Suja Ram vs. State of Rajasthan & Ors.) vide order dated 3.4.2008 by a short order dismissed the writ petition on the basis of material on record of the said case holding that the said petitioner was not* possessing Senior Secondary School Certificate or the qualification of Intermediate and he failed to satisfy the Court as to how the BA Foundation Course is a qualification equivalent to Senior Secondary School Examination and that the equivalence is required to be decided by the Government and the Government has not taken any such decision, therefore, the Single Bench held that petitioner Suja Ram was jacking eligibility to be considered for appointment as Teacher Gr. III.