ASHOK KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner having obtained the B. Ed. Degree from S.N. Zareef College of Education, Darbhabga, Bihar in year 1997, which College as per averments made in the writ petition, is said to be affiliated to Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, Bihar, has approached this Court for seeking relief that his name has been wrongly been struck -off from the panel of the selected candidates for appointment as 'Shiksha -Sahayogi' in the 'Rajeev Gandhi Swarn Jayanti Paathshala Scheme' under the order Annex.3 dated 12.06.2001 on the basis of a communication from the Deputy Legal Remembrancer of the Panchayati Raj Department of the State Government (Annex.6) dated 19.05.2001, wherein on the basis of information received from the Additional Chief Executive Officer, Zila Parishad, Jhalawar, vide his letter No.1721 dated 23.03.2001, informing that all the degree/s, granted by the specified colleges, allegedly affiliated with Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, stand cancelled; and accordingly, if any candidate has been selected/appointed as Teacher in the Panchayati Raj Department, his such selection/appointment may be cancelled.

(2.) THE petitioner was under going the training after his selection for the aforesaid post under the 'Rajeev Gandhi Swarn Jayanti Paathshala Scheme' at the relevant point of time and vide Annex.5 order dated 27.06.2001, his training was, accordingly, cancelled on the aforesaid ground. The petitioner filed this writ petition in this Court on 07.08.2001 and while admitting the present writ petition, a coordinate bench of this Court, however, rejected the stay petition filed by the petitioner vide the order dated 07.11.2001.

(3.) MR . P.R. Mehta, learned counsel for the petitioner relying upon the decision of a coordinate bench of this Court in the case of Shri Ram Bishnoi & Ors. Vs. State of Rajasthan & Ors. and 86 connected writ petition, (SBCWP No.3750/1999, decided on 30.11.1999) reported in 2000 (2) WLC 628 has urged that since the petitioner obtained the degree of B. Ed. vide the photostat copy of the mark -sheet (Annex.1) from Lalit Narayan Mithila University, Kameshwar Nagar, Darbhabga, Bihar in the year 1995 -96, prior to the cut off date of 15.05.1997, as given in the provisions of National Council for Teacher Education Act, 1993, vide Section 17, therefore, validity of his degree could not be questioned by the respondent Panchayati Raj Department. In the said judgment, relied upon by learned counsel for the petitioner, this Court had held that the degree possessed prior to this cut -off date 15.05.1997, are to be treated as valid and the candidates have to be accordingly considered for respective selection/appointment process. The operative portion of the judgment of this Court in the case of Shri Ram Bishnoi (supra) is quoted below for ready reference: -