B T C UTIRNA SANGH Vs. STATE

JUDGEMENT

(1.) PETITIONER is an Association of persons who hold qualification of Basic Training Course. Petition has been filed for the benefit of the persons, named in the Schedule attached with the writ petition. The persons named in the Schedule have obtained B.T.C. certificate from Bihar Pradesh Shiksha Parishad, Sripalpur on different dates but all prior to 13th October, 1987 upto which date the certificate was recognised as equivalent to B.S.T.C. for eligibility for appointment on the post of Gr. Ill teacher in Rajasthan. With effect from 13th Oct. 1987, the Certificate, issued by the aforesaid Parishad has been de -recognised for the purposes of considering eligibility of its holder for appointment as Teacher Gr. III. It is contended that this Court has taken a view in number of cases more particularly in [i) D.B. Civil Writ Petition No. 2859/87 Hari Ram v. State of Raj. decided on 25.4.88, (ii) D.B. Civil Writ Petition No. 841 /88 Rakshpal Ram v. State of Raj. decided on 7.9.88 [iii) S.B. Civil Writ Petition No. 4301/89 Barmer Zila Bihar Pradesh Shiksha Parishad, Sripalpur Shikshak Sangh v. State of Raj. decided on 1.1 2.89 and [iv] S.B. Civil Writ petition No. 2291/89 Soma Ram Deora v. State of Raj. decided on 21.5.89 that those who have obtained admission in the aforesaid B.T.C. course before 13.10.1987 will be deemed to have possessed recognised qualification for the purpose of appointment as Teacher Gr. III. Inspite of the decisions of this Court , the respondents are not considering the case of the persons, named in the Schedule by treating them not possessed of necessary qualification, equivalent to B.T.C. training.

(2.) LEARNED Dy. Govt. Advocate, appearing for the respondents while does not dispute the aforesaid position, he submits that in Rakshpal Ram's case (supra), a contrary view has been taken by this Court .

(3.) ACCORDINGLY , the petition is allowed. Respondents are directed to consider the persons, named in the Schedule who produce the Certificate of B.T.C. from Bihar Pradesh Shiksha Parishad, Sripalpur obtained prior to 13.10.87 by considering them duly eligible and qualified for the purposes of the appointment on the post of Teacher Gr. Ill and to appoint them, if otherwise found suitable. However, appointments given to these persons will also be subject to final outcome of the investigation that may be carried -out in pursuance of the directions, issued by this Court in Rakshpal Ram's case (supra).