RAKESH KUMAR Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) The petitioner was appointed by the respondents on the post of Teacher Grade-III in Zila Parishad, Udaipur and allotted the Panchayat Samiti, Kotada, District Udaipur. He was required by letter dt. 23.05.1999 to report for duty on or before 01.06.1999.When however he was not allowed to join he went to the office of Vikas Adhikari, Panchayat Samiti, Kotada but he was given an order dt. 15.06.1999 saying that though the Chief Executive Officer of Zila Parishad issued order for appointment of the petitioner but subsequently, instructions have been issued by him that the appointments have been stayed and as such the petitioner was not allowed to join his duty. However, the matter was again examined by the respondents and ultimately, the petitioner was allotted Panchayat Samiti, Kherwara instead of Kotada and the petitioner was asked to join his services by 30.10.1999. In pursuance to the said order, the petitioner went to the office of Vikas Adhikari, Panchayat Samiti, Kherwara but he was not allowed to join his duties. The Vikas Adhikari, Panchayat Samiti sought guidance from the Addl. Cheif Executive, Zila Parishad because the petitioner passed the Basic School Teacher?s Course from Bihar Shiksha Parishad, Sripalpur, Patna, which was not recognized by the National Council for Teachers Education.

(2.) According to learned Counsel for the petitioner in view of the fact that the petitioner has been appointed twice and he has been illegally prevented from joining, the writ petition may be allowed and the respondents be directed to permit the petitioner to join his duty pursuant to appointment order dt. 14.10.1999.

(3.) The respondents in their reply to the writ petition have contended that since the certificate of BSTC obtained by the petitioner from Bihar Pradesh Shiksha Parishad, Sripalpur, Patna is not recognized by National Teacher?s Council, therefore, the petitioner was not entitled to appointment. It has been contended that revised merit list has been issued pursuant to the judgment of the Hon?ble Supreme Court in Kailash Chand Sharma v. State of Rajasthan and Ors.,2002 SUPP 1 SCR 317 whereby it was directed that all those appointments which were made upto 17.11.1999 need not to be reopened. Pursuant to the said judgment of the Hon?ble Supreme Court, 15 marks provided to the petitioner were deducted and petitioner?s merit would hardly come to 60.10% whereas last candidate appointed in his category secured 73.58%.