The Rajasthan High Court has granted relief to government school teachers whose promotions to the post of Senior Teacher were previously set aside on the grounds that the “B.A. Additional” course they had undertaken was not equivalent to a regular degree course.
Justice Vinit Kumar Mathur, while allowing the petitions, held that the decision of the State to invalidate the petitioners’ promotions was "erroneous," particularly in light of the clarification provided by Mewar University, which had conducted the course in question.
The dispute arose after the petitioners—serving teachers in the State education department—were promoted based on their completion of a “B.A. in Additional Subject” course. However, following certain complaints, the State authorities re-evaluated the eligibility of these teachers and concluded that the course was a mere certificate or vacational course, not equivalent to a full-fledged degree. Accordingly, the promotions were cancelled, prompting the teachers to approach the High Court.
The petitioners contended that the course was not a short-term 90-day vacational course, as alleged by the State, but a year-long program conducted in distance learning/self-study mode. The curriculum, they argued, covered the entire syllabus of a traditional 3-year undergraduate degree in the subject, with students required to pass all related examinations.
In contrast, the State argued that since the petitioners were in active service as teachers and could only pursue studies during vacations, the course must necessarily be a short-term one and not equivalent to a degree-level qualification.
The High Court, after considering the documents and the reply filed by Mewar University, noted that the course was indeed a one-year program and that it required the candidate to study and pass all subjects taught over a conventional 3-year undergraduate program.
“In the considered opinion of this Court, nothing has come on record which shows that the B.A. Additional Course conducted by the respondent-University is not recognized, therefore, the B.A. Additional Course conducted by the University is held to be equivalent to the eligibility condition mentioned in Schedule-1 of the Rules of 2008,” the Court observed.
The Court further clarified that merely because the teachers pursued the course in distance learning mode and were not required to attend regular classes, it could not be termed a vacational or certificate course.
Criticizing the State’s assumption that the program was of only 90 days' duration, the Court held:
“The respondents have essentially rejected the petitioners’ qualifications on the assumption that the course was a vacational one, completed in 90 days. This view is flawed, particularly in light of the University’s clarification that the course spans one full year and encompasses the full curriculum of a 3-year degree course.”
Allowing the petitions, the Court concluded that the petitioners possessed the requisite qualifications for promotion under the Rajasthan Educational Subordinate Services Rules, 2008, and held their promotions to the post of Senior Teacher as “just, proper, and correct.”
