Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH
CIVIL WRIT PETITION NO.4005/2008 & CONNECTED CASES
D.D. 08.08.2008
Hon’ble Mr. Justice Ajay Rastogi
Ramraj Tada & Ors. ... Petitioners
Vs.
State & Ors. ... Respondents
Qualification:
Equivalence:
Recruitment to the post of Primary and Upper Primary Teachers by direct recruitment – State
Government issued Circular to the effect that Senior Secondary (Vocational) is not equivalent to
Senior Secondary (Academic) and applicants possessing the said qualification were not eligible for
the post of Primary School Teachers – Applicants holding qualification of Senior Secondary (Vocational)
were not considered to be eligible – Considering the decision in Kailash Chandra Harijan Vs. State
2006 (4) WLC 337 and the amendment made to the rules pursuant to the said decision and NCTE
Regulations which have overriding effect held that candidates holding Senior Secondary (Vocational)
were eligible and accordingly writ petitions were allowed.
Held:
NCTE being expert body created under NCTE Act which alone can prescribe standard of education
particularly teachers education and the State Government is under obligation to frame its rules in
conformity with the qualifications for teachers in Educational Institutions.
Cases referred:
1. 2006 (4) WLC 337 - Kailash Chandra Harijan vs. State
2. 2006 (6) RDD 3458 - Panna Lal Joshi Vs. State
3. 2001 (10) JT (SC) 178 - Sunita Sharma Vs. State
ORDER
Since all the petitions involve identical issues, hence are being disposed of together.
Question arising for consideration is as to whether persons holding qualification of Sr. Secondary
(Vocation) from recognized Board of Education can be considered to be ineligible in absence of
holding Bridge Course certificate for the purpose of their appointment of Primary/Upper Primary
School teachers after amendment being made in R.266 (3) of Rajasthan Panchayati Raj Rules, 1996,
vide notification dt. 28.06.2006.
Rajasthan PSC