SATYA NARAYA PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BRIEF facts, of the case are that the petitioner having passed his B. Ed. examination from Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar, was appointed as Teacher Grade III by the respondent, District Establishment Committee of the Panchayati Raj Department in Zila Parishad, Nagaur vide the order Annex.1 dated 19.11.1988. Later on, the State Government vide the communication (Annex.2) dated 23.03.1989 informed the Director of the Elementary & Secondary Education, Bikaner that the B. Ed. degree of said Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar, is not a valid degree duly recognized by the State Government. On the apprehension of his termination on this ground, the petitioner approached this Court by way of filing writ petition being SBCWP No.1561/1989, which writ petition came to be disposed of by a learned Single Judge of this Court on 24.02.1998 in the following terms: -

(2.) THEREAFTER the petitioner was served with a show cause notice vide Annex.4 dated 25.09.1998 to establish and adduce the proof about the validity of the said B. Ed. degree obtained by him. It appears from the record that in the meanwhile, the present petitioner sought permission from the respondent - Department to do a fresh course of B. Ed. in the year 1992 -93 vide his application (Annex.5) dated 20.01.1993 and thereafter vide the mark -sheet (Annex.6) dated 05.09.1997 the petitioner appears to have passed the B. Ed. examination in the month of June, 1997 from Kota Open University, Kota, Rajasthan. However, vide the impugned order (Annex.8) dated

(3.) MR . Mukesh Vyas, learned counsel for the petitioner has urged that the services of the petitioner could not be terminated as the issue relating to validity of the B. Ed. degree of Maithili Vishwavidhyapeeth Kendriya Vishwa Vidhyalaya, Darbanga, Bihar, possessed by the petitioner is pending before the Hon'ble Supreme Court. He referred an order passed by the Division Bench of this Court in the case of Smt. Sumitra Devi Vs. State of Rajasthan & Ors. (DBSAW No.287/2004, decided on 29.03.2012). The relevant and the operative portion of the order of the Division Bench is quoted herein below for ready reference: