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2001 Supreme(Raj) 605
Rajasthan High Court
Honble RAJESH BALIA, J.
Rajasthan Vidya Peeth - Appellant
Versus
State & Ors. - Respondents
S.B. Civil Writ Petition No. 362 of 1997
Decided On : May 18, 2001
R. Saluja, for Petitioners B.M. Bohara, for Respondents
Headnote:Rajasthan Educational Subordinate Service Rules, 1971 – Qualification of Senior Teacher – Whether the degree of B.Ed. awarded by the petitioner, Institute after completing a diploma in child development and undergoing a bridge course is equivalent only to S.T.C. training – Held – Rajasthan Vidhya Peeth is a deemed university, recognised by national Council for Teacher Education for awarding degrees in B.Ed. as well as B.Ed. (Child Development) – The degree conferred is a degree of B.Ed. – Cannot be treated equivalent to S.T.C. training – Not require exercise of declaring it equivalent with any other degree/course – Not within the domain of the State Government – Set aside the order – Directed to reinstate with all consequential benefits.
The Court would examine what is the degree conferred by the university and that is only the question that can be examined by the authorities considering the cases of the candidates whether a person holds a Degree in Education. If a person produced the proof of holding a Degree in Education from a university established by law or as a deemed university, further enquiry is not envisaged. In the present case, it cannot be doubted on the basis of material placed on record that Rajasthan Vidya Peeth, Udaipur is conferring a Degree in Education simplicitor and is also conferring a Degree in Child Development. The fact that a Degree in Education is conferred to those who have already done Child Development Courses by providing a bridge course for them is within the domain of the academic body of the Rajasthan Vidya Peeth and not of the State Govt. to sit over that judgment. (Para 13)
An order issued by National Council for Teacher Education. In the State of Rajasthan, it has recognised the Rajasthan Vidya Peeth. Deemed University, Dabok (Lokmanya Tilak Teaching College, Udaipur) as an institution awarding degrees in B.Ed. as well as B.Ed. (Child Development). From this, it is apparent that the Rajasthan Vidya Peeth, Dabok, Udaipur has also been recognised by the NCTE for the purpose of conferring a degree in B.Ed. as well as degree in B.Ed. (Child Development). Therefore, if a candidate possesses a degree of B.Ed. as distinguished from a degree in B.Ed. (Child Development) from the Rajasthan Vidya Peeth, Dabok, the respondent State cannot refuse his eligibility by ignoring the said B.Ed. Degree on the assumed ground that it is equivalent to STC and not a B.Ed. Degree recognised for the purposes of Rules. This function cannot be arrogated by the respondents. For the purpose to find out whether a candidate possessed a B.Ed. Degree, the only document which is relevant is the certificate of Degree issued by the university to the candidate having passed the requisite course/courses conducted for awarding of such degree by it. The marksheets of results only provide ancillary material about the quality of study made by the person in obtaining the degree. (Para 15)
(2). One of the posts encadred under the Rules of 1971 is the Senior Teacher. The requisite qualification prescribed is-
``Graduate or equivalent examination with atleast two subjects taught in the school with Degree or Diploma in Education or Montessory.
(3). The petitioners in Writ Petitions No. 4309/96, 3343/98, 4307/96, 4308/96 and 4310/96 are all who held B.Ed. Degree from Rajasthan Vidya Peeth Udaipur, a Demand University and were already recruited as Gr. II Teacher in Udaipur Division by the Education Department. They were given a show cause notice stating that the B.Ed. Degree obtained by the said petitioners after completing B.Ed. (Child Development) had undergone a bridge course which is considered equivalent only to STC training but not equivalent to B.Ed. Degree required under the Rules of 1971 and therefore the said petitioners are ineligible to hold post of Senior Teacher in pay scale applicable thereto. Later on, vide orders of different dates, their services have been terminated on account of the ineligibility alleged against each of the petitioners on the ground that the Degree which they were holding was not a degree requisite for the post in question.
(4). All the petitioners in the aforesaid petitions are holding a degree from Rajasthan Vidya Peeth which is a demand University. The tenure of the course which results in grant of B.Ed. Degree at the said institution has been that a course is conducted in B.Ed. (in Child Development) as the Diploma, thereafter a bridge course is conducted, for those who have completed the B.Ed. (Child Diploma) course and on completion of both the course the university awarded a degree of B.Ed.
(5). Faced with aforesaid situation, the Rajasthan Vidya Peeth itself has filed a writ petition No. 362/97 seeking a declaration that the B.Ed. Degree granted by the petitioner (deemed university, Rajasthan Vidya Peeth) to the candidates after grant of degree in Child Diploma and undergoing successfully three months bridge course, a B.Ed. Degree is a B.Ed. Degree awarded by university and question of equivalence does not arise. A degree awarded by a University established by law or Deemed University in any discipline concerned does not require a declaration by comparing the course of different universities. Such degree fulfils the condition of eligibility qualification under the Rules of 1971 for being appointed as Senior Teacher and above in the Govt. of Rajasthan, under the said Rules. It was further prayed that the respondents be directed not to terminate the services of the candidates appointed with the aforesaid qualification as Gr. II Senior Teachers and above.
(6). There is no controversy about the fact that the Rajasthan Vidya Peeth, Udaipur is a Deemed University. The petitioners in all the petitions (except in Writ Petition No. 362/96 which is filed by the Institution) are holding the B.Ed. Degree from the said Deemed University. The courses conducted before awarding the B.Ed. Degree has been in the format as stated above; namely a candidate is initially trained and awarded B.Ed. Child Development Diploma and after undergoing a bridge course devised by the university for that purpose, a B.Ed. Degree is awarded to him.
(7). The respondent State and its authorities are denying the said Degree issued by the Rajasthan Vidya Peeth, the status as B.Ed. Degree and has taken the stand that it is only a course of B.Ed. Child Diploma plus a bridge course and those who have passed these two course are to be treated as equivalent to STC, and cannot be considered equivalent to a B.Ed. Degree. In other words, while the petitioners claim that university is awarding a B.Ed. Degree after conduct of a particu
