CHHOTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE special appeals are directed against the judgment of the learned Single Judge, whereby writ petitions filed by the appellants were dismissed. THESE special appeals involve similar question of law, therefore, the same are decided by a common order.

(2.) THE facts of D. B. C. Special Appeal No. 739/1994 Smt. Chhoti Devi vs. State of Rajasthan & Ors. are that the appellant is having National Trade Certificate (for short `n. T. C. ') in cutting and tailoring course and after undergoing training during the period of August, 1984 to July, 1985, the appellant was awarded National Trade Certificate. THE case of the appellant is that the N. T. C. Course was treated as sufficient qualification for the appointment on the post of General Teacher. However, the appellant's application was not considered by the respondents for appointment on the post of Teacher Grade-III, therefore, she filed S. B. C. W. P. No. 4428/1989 before this Court. THE writ petition of the appellant was allowed by this Court vide judgment dated 28. 6. 1991, and in pursuance of the judgment of this Court dated 28. 6. 1991, the appellant was appointed as Teacher Grade-III vide order dated 11. 3. 1992. THE appellant joined the duty on the post of Teacher Grade-III and worked continuously. However, vide order dated 5. 5. 1994 the Vikash Adhikari Panchayat Samiti, Laxmangarh, district Sikar issued a notice terminating the services of the appellant w. e. f. 4. 6. 1994 on the basis of the circular dated 7. 4. 1994 issued by the Rural Development and Panchayati Raj Department. THE circular dated 7. 4. 1994 was issued on the basis of the judgment of the Hon'ble Supreme Court given in Civil Appeal No. 7031/1993 State of Rajasthan vs. Shyam Lal Joshi. THE termination order dated 5. 5. 1994 further reveals that in the circular dated 7. 4. 1994 issued by the State Government, there is mention that all the Teachers, who have been appointed after 6. 11. 1985 by the District Establishment Committee holding qualification of N. T. C. are to be removed from the services as they are not eligible for appointment the post of General Teacher i. e. , Teacher Grade-III. THE appellant filed S. B. C. W. P. No. 2828/1994 assailing the aforesaid two orders dated 7. 4. 1994 as well as notice/order dated 5. 5. 1994.

(3.) LEARNED counsel for the appellant has also cited a judgment of the Hon'ble Supreme Court delivered in the case of Gorie Gouri Naidu (Minor) & Anr. vs. Thandrothu Bodemma & Ors. (2), wherein it was held that Inter purities judgment rendered by the court of competent jurisdiction, even if erroneous, would bind the parties. LEARNED counsel for the appellant also cited the judgment given in the case of V. S. Charati vs. Hussein Nhanu Jamadar (3), wherein it was held that a decision rendered by a Tribunal/court in the absence of challenge, becomes final and binding on both the parties and merely because it may be wrong, it would not become a nullity.