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2022 Supreme(Raj) 101

AKIL KURESHI, SUDESH BANSAL
Kailash Prasad Sharma S/o Shri Ramgopal Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Tanveer Ahamad.
For the Respondents: Ganesh Meena, Amit Lubhaya.

JUDGMENT :

1. Both the petitions arise out of a common background. The petitioners have challenged validity of the portion of the Rajasthan Educational Service Rules, 1970 insofar as the minimum educational qualification prescribed for the post of lecturer (agriculture) is post graduation in agriculture with B.Ed. The case of the petitioner is that in the State of Rajasthan such candidates are not available in sufficient numbers and as a result large number of posts remain vacant since long. Counsel for the petitioner pointed out that though NCTE has also prescribed the same eligibility criteria, regulations also contain power for relaxation. Our attention was drawn to regulation 5 of the National Council of Teacher Education (Determination of Minimum Qualifications for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges), 2014.

2. On the other hand the case of the Government is that State Government has to frame the rules and regulations in consonance with NCTE standards prescribed under the regulations and such standards cannot be diluted. The allegation

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