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2023 Supreme(Raj) 1125

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Yogesh Sharma S/o Shri Shrgopal Sharma – Appellant
Versus
State Of Rajasthan - Respondent
S.B. Civil Writ Petition No. 4609 of 2019, S.B. Civil Writ Petition No. 3946 of 2019
Decided On : 05-12-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. K.R. Saharan.
For the Respondent: Mr. K.K.Bissa, AGC.

Headnote:

NCTE Recognition - Teacher Recruitment - [B.A. English Subject] - [NCTE Act, 1993, Regulations and Guidelines of NCTE] - The court discussed the NCTE recognition requirement for teacher education courses and emphasized the importance of NCTE approval for the validity of degrees. The judgment in Hitesh & Ors case was cited to support the requirement of NCTE recognition for teacher education. The court concluded that the petitioners' degree from OPJS University was not valid as it was acquired before the university received NCTE recognition, and therefore, the rejection of their candidature was justified.

Fact of the Case:

The petitioners applied for the post of Teacher Grade-III, Level-II in English subject. Their candidature was cancelled on the ground that their degree from OPJS University was not recognized by NCTE.

Finding of the Court:

The court found that the petitioners' degree was not valid as it was acquired before the university received NCTE recognition, and therefore, the rejection of their candidature was justified.

Issues: Validity of the petitioners' degree from OPJS University and the requirement of NCTE recognition for teacher education.

Ratio Decidendi: The court emphasized the requirement of NCTE recognition for the validity of teacher education degrees and cited the Hitesh & Ors case to support this principle.

Final Decision: The court dismissed the petitions and upheld the rejection of the petitioners' candidature.

JUDGMENT :

1. Since both the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.3946/2019, while treating the same as a lead case.

1.1. The prayer clauses of the instant petitions read as under:

    S.B. Civil Writ Petition No. 3946/2019:

“It is, therefore, most humbly and respectfully prayed that this Writ petition may kindly be allowed and:-

(i) By an appropriate writ, order or direction, the impugned order dated 28.02.2019 (Annexure-11), issued by the respondent No.-2 may kindly be declared illegal and be quashed & set aside qua the cancellation of petitioners’ candidature/selection on the post of Teacher Grade-III, Level-II, in English Subject in pursuant to the advertisement dated 31.07.2018 (Annexure-4).

(ii) By an appropriate writ, order or direction, the impugned selection list dated 28.02.2019 (Annexure-12), issued by the respondent No.-2 may kindly be declared illegal and be quashed & set aside.

(iii) By an appropriate writ, order or direction, the respondents may kindly be directed to issue petitioners’ appointment/posting orders on the post of Teacher Grade-III, Level-II, in English Subject in pursuant to the advertisement dated 31.07.2018 (Annexure-4) and petitioners may be allowed to join on the post of Teacher Grade-III, Level-II, in English Subject with all consequential benefits.

(iv) Any other appropriate order or direction as may be deemed just and proper by the Hon’ble Court in the facts and circumstances of the case may also kindly be passed in favour of the petitioners.

(v) Costs of this writ petition may be awarded in favour of the petitioners.”

S.B. Civil Writ Petition No.4609/2019:

“It is therefore, most humbly and respectfully prayed that this Writ petition may kindly be allowed and:-

(i) By an appropriate writ, order or direction, the respondents may kindly be directed to issue petitioners’ appointment/posting orders on the post of Teacher Grade-III, Level-II in English Subject in pursuant to the advertisement dated 11.09.2017 (Annexure-2) and order dated 22.08.2018 (Annexure-9) and petitioners may be allowed to join on the post of Teacher Grade-III, Level-II, in English Subject with all consequential benefits.

(ii) Any other appropriate order or direction as may be deemed just and proper by the Hon’ble Court in the facts and circumstances of the case may also kindly be passed in favour of the petitioner.

(iii) Costs of this writ petition may be awarded in favour of the petitioner.

2. Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that the petitioners, in addition to their other academic qualifications, have acquired Graduation Degree i.e B.A. in English Subject from Om Prakash Joginder Singh (OPJS), University, Churu in the academic year 2014-15. The respondents issued an advertisement no.01/2018 dated 31.07.2018 for recruitment on the post of Teacher Grade-III, Level-II in English subject.

2.1. The petitioners applied for the aforesaid post and after the examination for the same were conducted, the petitioners obtained the marks within the cut off criteria, and therefore, the respondents vide order dated 03.09.2018 declared the cut off marks for the purpose of documents verification for appointment on the post in question.

2.2. Thereafter, the respondent no.2 vide order dated 26.09.2018 issued directions to all Chief Executive Officers of respective Zila Parishads to verify the documents pertaining to qualifications of the concerned candidates. The respondent no.2 vide impugned order dated 28.02.2019 has however, cancelled the candidature/selection of the petitioners for the post in question on the ground that the petitioners did not join the post in question.

2.3. After th

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