RAJ KUMAR BIRLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this writ petition with the prayer that the respondents be directed to consider him for appointment on the post of Physical Teacher Gr. III (for short "P.T.I.") with all consequential benefits from the date persons lower in merit than him were so appointed.

(2.) FACTUAL matrix of the case is that petitioner who possesses the degree of B.P.Ed. from Nagpur University applied for appointment on the post of Physical Teacher Gr. III advertised by the District Education Officer (Secondary) I, Bhilwara in the year 1998 -99. In the merit list prepared pursuant to the said selection process, his name appeared at serial No. 3. According to the petitioner, when he was illegally denied the appointment, he along with other three candidates filed a joint writ petition before this Court being S.B.C. Writ petition No. 979/99 which was disposed of on 13.12.2000 by a consent order that the controversy raised therein was covered by the decision of this Court reported in 1999 Vol.2 R.L.R. p.131 and the said petition was accordingly disposed of in terms of the directions contained therein. All the four petitioners therefore submitted their applications for appointment. The respondents however sought information in regard to the status of the university from which they had passed degree of B.P.Ed. In so far as the other three candidates are concerned, the National Council for Teacher Education (for short "N.C.T.E.") by their letter dt. 24.06.2002 immediately responded. According to this letter, as the N.C.T.E. started working in the year 1995 itself, it was essential for institutions imparting education after 1996 -97 to obtain its permission. On that basis, appointment was given to those three persons. According to the petitioner, even though the said letter also covers the case of the petitioner inasmuch as he had also completed three years B.P.Ed. course in summer of 1997. Since his admission to that course was in the academic session commencing from 1994 -95, his case also should have been considered similarly. The N.C.T.E. itself has sent clarification to the D.E.O. (Secondary). In the said letter, it was stated that the constitution of the N.C.T.E. was made on 17.08.1995 and its western regional committee started granting recognition to the teachers training institution from the academic session 1996 -97 onwards and further that the concerned universities should approach the said committee for recognition of three years degree course of B.P.Ed. from the academic session 1996 -97 onwards. The present petition has been filed against the backdrop of these facts.

(3.) A Division Bench of this Court in State of Rajasthan v. Jabra Ram, 2005(1) W.L.C. (Raj) 637 noted that though the Act had come into force on 01.09.1995 but the regulations under which the steps were to be taken for recognition of the institutions could not be immediately framed and were later published by the Government of India in Gazette on 24.02.1996. Thus, the process of recognition of degrees could not commence before 24.02.1996. The petitioner in that case having taken admission in the year 1995 -96 and passed the B.Ed. Course in the year 1995 -96, was held not to have been affected by the requirement of recognition of degree.