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2025 Supreme(Raj) 1940
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
VINIT KUMAR MATHUR, J.
Ashok Kumar S/o Shri Bhanwar Lal - Appellant
Versus
The State Of Rajasthan - Respondent
S.B. Civil Writ Petition No. 8863 of 2025
Decided on : 23-07-2025
For the Appellant : Mr. Dheerendra Singh Sodha, Mr. Pankaj Mehta, Mr. Kailash Jangid
For the Respondent: Mr. Vinay Jain, Mr. N.K. Mehta, DyGC, Mr. Darshan Jain,
Mr. Vudit Balia, Mr. Devendra Prajapati
The B.A. Additional Course from Mewar University is deemed equivalent to a degree, validating petitioners' qualifications for promotion as Senior Teachers.
Headnote:(A) Rajasthan Educational Subordinate Service(Amendment) Rules, 2008 - Petitioners holding B.A. Additional Course deemed equivalent to degree course - Court held that findings by respondents treating course as certificate/vocational course were erroneous. - Petitioners promoted as Senior Teachers correctly as they satisfied qualifications stipulated in the Rules of 2008. (Paras 12, 13)
(B) Promotion - Criteria for promotion to Senior Teachers based on qualifications - Petitioners were wrongly reverted without substantive grounds and thus their promotion validated based on recognized course of study. (Paras 8, 10)
Facts of the case:
The petitioners, after obtaining B.A. in Additional Subject from Mewar University, were initially promoted to Senior Teachers but faced reversion on grounds of ineligibility, prompting this writ petition.
Findings of Court:
The qualification of B.A. Additional Course is equivalent to a degree as per the qualifications criteria for Senior Teachers as outlined in the Rules of 2008, affirming the appellants' promotions.
Issues: The main issue was whether the B.A. Additional Course can be equated with the required qualifications for promotion.
Ratio Decidendi: The court determined that educational qualifications obtained were valid and aligned with statutory requirements, reversing the erroneous decision of the respondents.
Result: The writ petition is allowed; the order dated 14.04.2025 is quashed.
ORDER :
VINIT KUMAR MATHUR, J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 14.04.2025, whereby, the certificate/vacational course done by the petitioners had not been treated equivalent to the degree course in a subject and, therefore, the petitioners are held ineligible for promotion to the post of Senior Teachers.
3. To appreciate the controversy, the facts in nutshell necessary to be noted are that the petitioners were appointed as Teacher Gr.III in the respondent Department. While the petitioners were serving as a Teacher Gr.III, they have undergone a course titled as ‘B.A. in Additional Subject’. The petitioners successfully completed the same and on completion of one year B.A. Additional Course, a mark-sheet was issued by the concerned University. After completion of the Bachelor Degree in Additional Course, the petitioners were considered for promotion to the post of Senior Teachers by the respondents and they were promoted to the post of Senior Teachers in their respective subjects. While the petitioners were discharging their duties as Senior Teachers on certain complaints being filed to the respondents, the matter was reconsidered by the respondents and show cause notices were issued to the petitioners for reverting them to the post of Teacher Gr.III. The petitioners assailed the validity of those notices before this Court by way of filing S.B. Civil Writ Petition No.7918/2021 and vide order dated 23.05.2023, this Court directed the respondents to re-examine the matter, after obtaining the requisite information from the concerned Universities with respect to the courses undertaken by the petitioners. In pursuance of the directions issued by this Court on 23.05.2023, the petitioners filed detailed representations. After receiving the representations of the petitioners, the respondents have reconsidered the matter and has passed the order dated 14.04.2025 holding the petitioners ineligible for the post of Senior Teachers on the ground that B.A. Additional Course done by them is not equivalent to the degree course as the Course undertaken by the petitioners was a certificate/vacational evaluation course which runs for only 90 days. Hence, the present writ petition has been filed.
4. Learned counsel for the petitioners vehemently submits that the basis on which the impugned order dated 14.04.2025 has been passed is on the face of it is fallacious. The Course of B.A. Additional Degree undertaken by the petitioners was not completed in 90 days. It was a one year Course, which is equivalent to a degree course in a particular subject. Learned counsel submits that if a particular subject in a B.A. Course is taught for three years along with other subjects, the same is equivalent to the present course in a particular subject on the ground that one subject covering the curriculum of three years in a degree course is completed by the respondent University in one year. Therefore, for all intents and purposes, the Course in that particular subject undertaken by the University for a period of one year will be equivalent to a degree course in three years in that particular subject. Learned counsel submits that the respondents have rightly considered the said course of B.A. in Additional Subject equivalent to a graduation done by a particular candidate in that particular subject while considering their cases for promotion to the post of Senior Teacher. He, therefore, submits that the petitioners have obtained the requisite qualification for holding the post of Senior Teacher as per the Rajasthan Educational Subordinate Service(Amendment) Rules, 2008 (hereinafter referred to as ‘the Rules of 2008’). He, therefore, prays that the writ petition may be allowed and the petitioners may be allowed to discharge their duties on the post of Senior Teachers and the order dated 14.04.2025 passed by the respondents may be quashed and set aside.
5. Per contra, learned counsel for the resp
