S.B. Civil Writ Petition No.11851/2012

(Navneet Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

S.B. Civil Writ Petition No.11851/2012

(Navneet Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

AND

S.B. Civil Writ Petition No.11870/2012

(Manoj Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

Date of Order :: 16^th August, 2012

HON'BLE MR. JUSTICE M.N. BHANDARI

Mr.Sanjay Gangwar, for the petitioners.

By the Court:

The petitioner are those holding qualification of

B.P.E. have not been considered to be eligible for the post of

Physical Teacher Gr.II and III.

It is stated that this Court already held

qualification of B.P.E. to be valid qualification for the post of

PTI Gr.II and III. It is based on the judgment of Division

Bench wherein issue of recognition of B.P.Ed. course of

Nagpur University by NCTE was dealt with. The respondents

therein were directed to consider the candidature of

petitioner/s. The qualification obtained by the petitioners is

S.B. Civil Writ Petition No.11851/2012

(Navneet Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

2

from Mahrishi Dayanand Saraswati College, Ajmer before

establishment of NCTE, thus question of recognition of

qualification by NCTE does not arise. The recognition was

given to the institution for session 1998-99 vide order dated

11.12.1998, accordingly the order at Annex.11, mores

specifically, para 3 may be set aside.

I have considered the submissions made by

learned counsel and find that which qualification is required

for the post of PTI Gr.II and III has been notified by the NCTE

by framing regulation. Relevant Schedule for the post of PTI

Gr.II and III is quoted hereunder for ready reference:

Second Schedule to the National Council

for Teacher Education (Determination of

Qualifications for Recruitment of

Teachers) Regulations 2001

Qualification for recruitment of teachers

of Physical Education in Educational

Institutions mentioned in Section 2 of the

Regulations

S.B. Civil Writ Petition No.11851/2012

(Navneet Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

3

LEVEL

MINIMUM ACADEMIC AND PROFESSIONAL

QUALIFICATIONS

I Elementary

(i) Senior Secondary School Certificate or

Intermediate or its equivalent; and

(ii) Certificate in Physical Education (C.P.Ed.) of a

duration of not less than two years or its equivalent.

II Secondary/High

School

Graduate with Bachelor of Physical Education

(B.P.Ed.) or its equivalent.

III Senior Secondary

(Physical Education as

an elective subject)

M.P.E./M.P.Ed. (2 year duration)

The perusal of qualification notified by the Council

does not show B.P.E. to be one of the eligible qualification.

The aforesaid qualification is required to be applied

throughout India as Regulations were framed under the

Central Legislation of NCTE Act, 1993. The provisions of

Regulations 2, 3, 4, 5 and 6 are quoted hereunder for ready

reference -

“(2). Applicability

These Regulations shall be applicable for

recruitment of teachers in all formal

schools established, run or aided or

recognized by Central or State

Government and other authorities for

imparting education at pre-school,

nursery followed by first two years in

S.B. Civil Writ Petition No.11851/2012

(Navneet Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

4

formal school, elementary (primary and

upper primary/middle school), secondary

and senior secondary stages.

(3).

Qualifications for Recruitment

i) The qualifications for recruitment of

teachers in educational institutions

mentioned in Section 2 above shall be

as given in the First and Second

Schedules to these Regulations. The

qualifications prescribed in the First

Schedule shall apply for recruitment of

teachers for teaching school subjects.

The qualifications prescribed in the

Second Schedule shall apply for

recruitment of teachers f