SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Raj) 108

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANOJ KUMAR VYAS, SABINA, JJ.
Pawan Swaroop Gour S/o Shri Ram Swaroop Gour – Appellant
Versus
Dharmendra Kumar Bhinchar S/o Rahdeva Ram Bhinchar – Respondent
D.B. Civil Special Appeal (Writ) Nos. 1143, 1144, 1218, 1420 of 2018, 354, 357 of 2019, S.B. Civil Writ Petition No. 19113 of 2017, 2902 of 2018
Decided On : 25-03-2021

Advocates:
Advocate Appeared:
For the Appellants : Mr. R.N. Mathur, Mr. Shovit Jhajharia, Mr. Vigyan Shah, Mr. Akshit Gupta, Mr. Harender Neel, Mr. Yash Joshi, Mr. Kamlesh Sharma, Mr. Raja Ram Choudhary, Mr. Pukhraj Chawla, Mr. J.K. Moolchandani, Mr. Chiranji Lal Saini.
For the Respondents: Ms. Srijana Shresth, Mr. Rajendra Prasad, Mr. Anoop Dhand.

Headnote:

UGC Act - Section 26 - Open University Act – Post of Language Teacher - Qualification - Appointment of - Whether candidates, who did not have language as optional subject in three years graduation degree course, but had qualified that language as additional subject by giving all three papers in one year after completion of their Bachelor Degree - appellants-candidates have submitted that for the appointment as a Teacher for Class VI to VIII, a candidate was required to have done graduation with at least 50% marks and one year Bachelor in Education and must have passed Rajasthan Teacher Eligibility Test - Held, Learned Single Judge had, thus, rightly allowed writ petitions filed by private respondents keeping in view relevant rules. Learned Single Judge had rightly held that candidates, who had acquired certificate/degree as “additional” in concerned subject were liable to be excluded from select list. Candidates, who were in possession of graduate degree as optional subject of three years Bachelor’s Degree with English as an optional subject in all three years, were to be treated as eligible and entitled for appointment to post of Teacher Grade-III Level-II (English), as per their merit. The advertisements-in-question have also been issued as per Amended Rule 266(3) of Rules - Appeals dismissed

JUDGMENT :

1. Vide this judgment abovementioned appeals would be disposed of as they have arisen out of common order dated 21.08.2018 passed by the learned Single Judge.

2. The question involved in the present cases is as to whether the candidates, who did not have language as optional subject in three years graduation degree course, but had qualified that language as additional subject by giving all the three papers in one year after completion of their Bachelor Degree, were eligible for appointment to the post of Language Teacher.

3. Learned Single Judge vide impugned order dated 21.08.2018 has held as under:

    “35. In the result, the State-respondents are directed to exclude the participating candidates from the select list with degree acquired as “additional” in the concerned subject. The candidates who are in possession of graduate degree with optional subject of three years Bachelor’s degree with English as an optional subject in all the three years, should only be treated as eligible and entitled for appointment to the post of Teacher Grade-III Level-II (English), as per their merit.”

4. Hence, appeals have been filed by the State as well as private respondents in the writ petitions. Appellants Mahender Parasar and Gajanand Meena have also filed appeal challenging the order passed by the learned Single Judge alleging that they possess qualification of B.A. (Additional) English and had been ousted from the selection process initiated vide Advertisement dated 31.07.2018.

5. Learned Senior Counsel as also learned counsel for the appellants-candidates have submitted that for the appointment as a Teacher for Class VI to VIII, a candidate was required to have done graduation with at least 50% marks and one year Bachelor in Education and must have passed Rajasthan Teacher Eligibility Test (RTET)/Rajasthan Eligibility Examination for Teacher (REET). As per Notification dated 29.07.2011 issued by National Council for Teacher Education, for a teacher of Class VI to Class VIII students, one of the qualification prescribed was graduation with at least 50% marks and one year Bachelor in Education. As per Ordinance 203-I, for Bachelor of Arts, the course of study for the examination was extended over a period of three years. The candidate would also opt for three optional subjects apart from two compulsory subjects. As per Para (8) of the said Ordinance, a candidate, who had passed B.A. Examination could take the examination in any subsequent year in any one of the optional subjects prescribed for B.A. Examination and not already taken by him at the time of degree examination and if successful, then would get the certificate to that effect. In pursuance to the said Ordinance, appellants had got additional degree in English by taking all the papers in one year after completing their graduation degree. The marks obtained by the candidates in additional examination were liable to be counted along with the marks obtained by them in their graduation degree. Thereafter, the appellants did their Bachelor in Education with English as a teaching subject. As per Ordinance 322 of the University of Rajasthan relating to B.Ed. qualification, a candidate, who had taken Bachelor’s Degree from the University shall be eligible for admission to the examination for degree of Bachelor of Education. As per Note (v) of the said Ordinance, the additional optional subject of Bachelor’s Degree Examination in which a candidate passes in one year with all the papers prescribed for the three years course after obtaining the Bachelor’s Degree may be treated as a teaching subject. The marks obtained by the candidate in the additional optional subject would be taken in account along with marks obtained at the Bachelor’s Degree for determining his eligibility for admission to B.Ed. course. Even the State had considered the appellants eligible for the post of Language Teacher, as they had duly qualified the subject by way of additional subject. In support of their arguments

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon Back to top