JASVIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition for writ, petitioners are seeking a declaration for their appointment being regular one on the post of Physical Training Instructor Grade -III. The appointment on the post aforesaid was given to petitioners by an order dt. 27th February, 1999 on being selected as per rule 20 of the Rajasthan Educational Subordinate Service Rules, 1971. They continued in service uptil the end of educational session, but on commencement of new educational session they were not allowed to resume duties by raising a question regarding recognition of the qualification possessed by petitioners i.e. Bachelor 's Degree in Physical Education from colleges affiliated with Nagpur University, Nagpur. As per respondents, the institutions through whom the petitioners acquired qualification were not possessing requisite recognition from National Council for Teachers ' Education, constituted under the National Council for Teachers Education Act, 1993.

(2.) A detailed affidavit, sworn in by one of the petitioners - Jasvir Singh, has been filed on 02nd March, 2008 giving necessary details relating to recognition to the educational institutions from where petitioners acquired qualification of Bachelor 's in Physical Education. Petitioners have also placed necessary documents along with the additional affidavit to substantiate the fact that institutes where they were undergoing the course of Bachelor 's Degree in Physical Education were recognized. The facts averred in the affidavit and the documents annexed thereto are not denied by the respondents.

(3.) A Division Bench of this Court in Ummed Ali v. State of Rajasthan and Ors. DBCWP No. 2887/1999, while examining the effect of provisions of sec.17 of the National Council for Teachers Education Act, 1993, held as follows: