Rajasthan High Court

Rajendra Singh Khichar S/O Shri ... vs The State Of Rajasthan on 25 November, 2022

Bench: Mahendar Kumar Goyal

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 8630/2021

Rajendra Singh Khichar S/o Shri Mangal Chand, Aged About 48
Years, R/o Village And Post Gokulpura, District Sikar.
                                                                    ----Petitioner
                                    Versus
1.     The State Of Rajasthan, Through Principal Secretary
       Education Department, Govt. Of Rajasthan, Secretariat,
       Jaipur.
2.     Rajasthan Employee Selection Board, Jaipur, Through
       Chairman       State     Agriculture         Management        Institution
       Premises, Durgapura, Jaipur.
3.     Director, Secondary Education, Rajasthan, Bikaner (Raj.)
4.     National Council For Teacher Education, G-7, Sector-10,
       Dwarka, New Delhi - 110075 Through Its Regional
       Director, Northern Region.
                                                                 ----Respondents

Connected With S.B. Civil Writ Petition No. 10941/2018 Udai Singh Yadav Son Of Shri Ram, Resident Of Village Sirorkhurd Tehsil Mundawar District Alwar.

----Petitioner Versus

1. State Of Rajasthan Through Its Principal Secretary, Department Of Education, Government Secretariat, Jaipur, Rajasthan.

2. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur Through Its Secretary, Rsmssb, State Agriculture Management Institution Premises, Durgapura, Jaipur.

3. Director, Secondary Education, Rajasthan, Bikaner.

4. National Council For Teachers Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Sah Zafar Marg, New Delhi.

5. Regional Director (Northern Region) National Council For Teachers Education, 4Th Floor, Jeevan Nidhi-Ii, Lic Building, Ambedkar Circle, Bhawani Singh Marg, Jaipur.

                                         (2 of 13)                      [CW-8630/2021]


                                                                    ----Respondents

S.B. Civil Writ Petition No. 11913/2018

1. Jitendra Kumar Patidar Son Of Shri Dwarika Lal Patidar, aged about 33 years, Resident Of Bakani Tehsil Jhalrapatan, District Jhalawar Rajasthan

2. Nitin Sharma Son Of Shri Bal Chand Sharma, aged about 33 years, Resident Of Bakani Tehsil Jhalrapatan, District Jhalawar Rajasthan

----Petitioners Versus

1. State Of Rajasthan Through Its Principal Secretary, Department Of Education, Government Secretariat, Jaipur, Rajasthan.

2. Rajasthan Subordinate And Ministerial Services Selection Board, Jaipur Through Its Secretary, Rsmss, State Agriculture Management Institution Premises, Durgapura, Jaipur

3. Director, Secondary Education, Rajasthan, Bikaner.

4. National Council For Teacher Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Shah Zafar Marg, New Delhi

5. Regional Director (Northern Region) National Council For Teachers Education, G-7, Sector-10, Dwarka, New Delhi- 110075

----Respondents S.B. Civil Writ Petition No. 14316/2018

1. Devi Lal Meena Son Of Shri Ram Lal Meena, Aged About 32 Years, Resident Of Village Chikali, Post Sevara Tehsil Arnod, District Pratapgarh (Rajasthan)

2. Prem Chand Meena Son Of Shri Pooniazi Meena, Aged About 32 Years, Resident Of Village And Post Sevara Tehsil Arnod District Pratapgarh (Rajasthan).

----Petitioners Versus

1. State Of Rajasthan Through Its Principal Secretary, Department Of Education, Government Secretariat, Jaipur, Rajasthan.

2. Rajasthan Subordinate And Ministerial Service Selection

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Board, Jaipur Through Its Secretary, Rsmssb, State Agriculture Management Institution Premises, Durgapura, Jaipur.

3. Director, Secondary Education, Rajasthan, Bikaner.

4. National Council For Teachers Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Sah Zafar Marg, New Delhi.

5. Regional Director (Northern Region) National Council For Teachers Education, G-7, Sector-10, Dwarka, New Delhi- 110075

----Respondents S.B. Civil Writ Petition No. 15434/2019 Ajay Singh Maderna Son Of Shri Mool Chand, Aged About 45 Years, Resident Of Nagla Terahiya, Tehsil Roopwas, District Bharatpur (Rajasthan).

----Petitioner Versus

1. Rajasthan Staff Selection Board, Jaipur Through Its Chairman, Rajasthan State Agriculture Marketing Board Campus, Durgapura, Jaipur (Raj.)

2. The Director, Elementary Education, Rajasthan, Bikaner.

----Respondents S.B. Civil Writ Petition No. 18068/2019

1. Sanjesh Kumar Khatik Son Of Shri Nanag Ram Khatik, Aged About 46 Years, Resident Of Village Meethawas, Post Jatwara Tehsil Bassi District Jaipur (Rajasthan)

2. Batti Lal Meena Son Of Shri Bhajan Lal Meena, Aged About 43 Years, Resident Of Village Jodhya Post Pharaspura Tehsil Sikrai District Dausa (Rajasthan)

3. Ramji Lal Meena Son Of Shri Shrawan Lal Meena, Aged About 43 Years, Resident Of Village And Post Maheshwara Khurd, Tehsil And District Dausa (Rajasthan)

4. Govind Sahai Sharma Son Of Shri Jagmohan Lal Sharma, Aged About 42 Years, Ex-Serviceman Resident Of Village And Post Mahu-Ibrahimpur, Tehsil Hindauncity District Karauli (Rajasthan)

5. Lal Singh Beniwal Son Of Shri Raj Pal Beniwal, Aged About 47 Years, (Physically Handicap) Resident Of Village And Post Kachrauli, Tehsil Hindauncity District Karauli

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(Rajasthan)

6. Mahesh Chand Khatik Son Of Shri Ganpat Ram Khatik, Aged About 40 Years, (Physically Handicap) Resident Of Village And Post Kathumer Tehsil Kathumer District Alwar (Rajasthan)

7. Ashok Kumar Chauhan Son Of Shri Ram Swaroop Chauhan, Aged About 42 Years, Resident Of Village And Post Pushpnagar, New Colony, ward No. 24, Tehsil Shrimadhopur District Sikar (Rajasthan)

8. Mohar Singh Son Of Shri Chhote Lal, Aged About 43 Years, Resident Of Village And Post Meharadasi Tehsil Jhunjhunu District Jhunjhunu (Rajasthan)

9. Subran Singh Son Of Shri Lakshman Singh, Aged About 45 Years, Resident Of Village Murrika Post Dahina Gaon Tehsil Roopwas District Bharatpur (Rajasthan)

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Of Rajasthan, Govt. Secretariat, Jaipur.

2. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary, Rsmssb, State Agriculture Management Institution Premises, Durgapura, Jaipur-302018

3. Director, Secondary Education, Rajasthan, Bikaner-

334001

4. National Council For Teachers Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Sah Zafar Marg, New Delhi. 110002

5. Regional Director (Northern Region), National Council For Teachers Education, 4Th Floor, Jeevan Nidhi-Ii, Lic Building, Ambedkar Circle, Bhawani Singh Marg, Jaipur.- 302005

----Respondents S.B. Civil Writ Petition No. 20281/2019

1. Sumitra Kumari Daughter Of Shri Surja Ram, W/o Late Shri Vijay Singh, Aged About 42 Years, Resident Of 127 (4-C), Jamunapuri Quarter, Murlipura, Jaipur.

2. Archana Kumari W/o Late Shri Sunil Kumar, D/0 Shri

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Chander Kant, Aged About 34 Years, Resident Of Village And Post Harsoli Tehsil Kotkasim District Alwar (Raj)

3. Jagdish Chand Damor Son Of Shri Balaji Damor, Aged About 45 Years, ) Resident Of Village Sangela, Post Jaulana Tehsil Garhi District Banswar (Rajasthan) At Present Rajasthan High Court Bench Jaipur.

4. Shanti Lal Damor Son Of Shri Suraj Mal Damor, Aged About 47 Years, Resident Of Village And Post Karnauwa Tehsil Kharwada District Udaipur (Rajasthan) At Present Rajasthan High Court Bench Jaipur.

5. Chetan Lal Huvor Son Of Shri Kawa, Aged About 42 Years, Resident Of Village Sogpura Post Naugama, Tehsil Bagidaura District Banwara (Rajasthan) At Present Rajasthan High Court Bench Jaipur.

6. Sukhlal Tabiyar Son Of Shri Badraji Tabiyar, Aged About 43 Years, Resident Of Village And Post Kesharpura Tehsil Garhi District Banswara (Rajasthan) At Present Rajasthan High Court Bench Jaipur.

7. Jitendra Kumar Damor Son Of Shri Juliyas Damor, Aged About 43 Years, Resident Of Village Khandi Obera, Upla Phala Tehsil Kherwary Distt. Udaipur At Present Rajasthan High Court Bench Jaipur.

8. Kalu Ram Bheel Son Of Shri Ramji Bheel, Aged About 43 Years, Resident Of Village Mithi Mahudi Post Dhani Tehsil Kherwada Distt. Udaipur At Present Rajasthan High Court Bench Jaipur.

9. Shiv Lal Roat Son Of Shri Haliya Ji Roat, Aged About 45 Years, Resident Of Village Nayagaon, Post Surata Via Antari Tehsil Jhothari Pal Distt. Doongarpur At Present Rajasthan High Court Bench Jaipur.

10. Shiv Lal Baranda Son Of Shri Balji Baranda, Aged About 45 Years, Resident Of Village Kisharapura Post Basi Via Damadi Panchayat Samiti Dowada Tehsil Doongarpur Distt. Doongarpur At Present Rajasthan High Court Bench Jaipur.

11. Phool Shankar Katara Son Of Shri Dhanji Katara, Aged About 46 Years, Resident Of Village Gadat Phala Post Pal Mathumamada Tehsil Doongarpur Distt. Doongarpur At Present Rajasthan High Court Bench Jaipur.

12. Rajesh Kumar Pandwala Son Of Shri Suraj Mal Pandwala,

(6 of 13) [CW-8630/2021]

Aged About 42 Years, Resident Of Village And Post Pal Padar Tehsil Bidhiwada Distt. Doongarpur At Present Rajasthan High Court Bench Jaipur.

13. Kanti Lal Balai Son Of Shri Rama Balai, Aged About 42 Years, Resident Of Village And Post Sabali Via Kataba, Panchayat Samiti Bichhiwada Post Basi Via Damadi Panchayat Samiti Dowada Tehsil Doongarpur Distt. Doongarpur At Present Rajasthan High Court Bench Jaipur.

14. Mohan Lal Son Of Shri Magora, Aged About 44 Years, Resident Of Village And Post Dariyari Tehsil Chikhali Distt. Doongarpur At Present Rajasthan High Court Bench Jaipur.

15. Magan Lal Huvor Son Of Shri Bhurji Huvor, Aged About 41 Years, Resident Of Village Sogapura Post Naugama Tehsil Babidora Distt. Banswara At Present Rajasthan High Court Bench Jaipur.

16. Monika Dhabhai D/0 Shri Banshi Lal Dhamai, Aged About 33 Years, Resident Of Sardar Colony, Station Road, P.o. Anta District Baran

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Of Rajasthan, Govt. Secretariat, Jaipur.

2. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary, Rsmssb, State Agriculture Management Institution Premises, Durgapura, Jaipur-302018

3. Director, Secondary Education, Rajasthan, Bikaner-

334001

4. National Council For Teachers Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Sah Zafar Marg, New Delhi. 110002

5. Regional Director (Northern Region) National Council For Teachers Education, 4Th Floor, Jeevan Nidhi-Ii, Lic Building, Ambedkar Circle, Bhawani Singh Marg, Jaipur.- 302005

----Respondents S.B. Civil Writ Petition No. 20583/2019

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Bimala Kumari Daughter Of Shri Moola Ram W/o Shri Sumer Singh, Aged About 45 Years, Resident Of Village Maharana, Post- Khanpur, Tehsil- Buhana, Dist- Jhunjunu, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Of Rajasthan, Govt. Secretariat, Jaipur.

2. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary, Rsmssb, State Agriculture Management Institution Premises, Durgapura, Jaipur-302018

3. Director, Secondary Education, Rajasthan, Bikaner-

334001

4. National Council For Teachers Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Sah Zafar Marg, New Delhi. 110002

5. Regional Director (Northern Region), National Council For Teachers Education, 4Th Floor, Jeevan Nidhi-Ii, Lic Building, Ambedkar Circle, Bhawani Singh Marg, Jaipur.- 302005

----Respondents S.B. Civil Writ Petition No. 7102/2020 Mitha Lal Meena Son Of Shri Kalyan Sahai Meena, Aged About 45 Years, Resident Of-V.p.o. Daglav, Tehsil-Dausa, District-Dausa, (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Of Rajasthan, Govt. Secretariat, Jaipur.-302005

2. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary, Rsmssb, State Agriculture Management Institution Premises, Durgapura, Jaipur-302018

3. Director, Secondary Education, Rajasthan, Bikaner-

334001

4. National Council For Teachers Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Shah Zafar

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Marg, New Delhi. 110002

5. Regional Director (Northern Region) National Council For Teachers Education, 4Th Floor, Jeevan Nidhi-Ii, Lic Building, Ambedkar Circle, Bhawani Singh Marg, Jaipur.- 302005

----Respondents S.B. Civil Writ Petition No. 7326/2020 Ajay Singh Maderna Son Of Shri Mool Chand, Aged About 42 Years, Resident Of V And P. Nagla Terhiyha, Tehsil Roopvas, District Bharatpur (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Of Rajasthan, Govt. Secretariat, Jaipur.

2. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary, Rsmssb, State Agriculture Management Institution Premises, Durgapura, Jaipur-302018

3. Director, Secondary Education, Rajasthan, Bikaner-

334001

4. National Council For Teachers Education, Through Its Director, Hans Bhawan, Wing-Ii, Bahadur Sah Zafar Marg, New Delhi. 110002

5. Regional Director (Northern Region) National Council For Teachers Education, 4Th Floor, Jeevan Nidhi-Ii, Lic Building, Ambedkar Circle, Bhawani Singh Marg, Jaipur.- 302005

----Respondents

For Petitioner(s) : Mr. Rajendra Kumar Soni Mr. R.D. Meena Mr. Raj Kumar Goyal For Respondent(s) : Mr. Ganesh Meena, AAG with Mr. Saurabh Sharma Mr. S. Zakawat Ali, AGC Mr. Sandeep Kumar Maheshwari Mr. Rakesh Soni for Ms. Sweta Pareek Mr. Arpit Jain for Mr. Nalin G. Narain

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Mr. Parth Sharma for Mr. Amit Lubhaya

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

25/11/2022

The matters come up on an application 1/2022 filed by the

respondents seeking dismissal of the writ petition in the light of

judgment in case of S.B. Civil Writ Petition No.8800/2018;

Vinod Kumar Vs. State of Rajasthan & Ors.

Although, application has been filed in one of the case only;

but, since, issue involved in all these writ petitions is common, the

same are being decided vide this common order.

Learned counsels for the respondents submit that the issue

involved herein as to treating the Bachelor of Physical Education

(for brevity, "BPE"), three years degree course as a valid

qualification for appointment to the post of Physical Training

Instructor (for brevity, "PTI") in the Secondary and Senior

Secondary Schools is no more res integra and stands resolved by

the aforesaid judgment of a co-ordinate Bench of this Court

wherein, identical writ petitions have been dismissed. They,

therefore, pray that the instant writ petitions may also be

dismissed in view thereof.

Per contra, learned counsel for the petitioners, inviting

attention of this Court towards the reply filed by the National

Council for Teacher Education (for brevity, "NCTE"), would submit

that the degree possessed by the petitioners is sufficient

qualification for their appointments as PTI. They submit that since

the co-ordinate Bench of this Court, while dismissing the writ

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petition in case of Vinod Kumar (supra) did not consider the

aforesaid aspect, the same has to be held 'per incuriam' and the

writ petitions deserves to be allowed.

Heard. Considered.

The issue as to whether the candidates with BPE three years

degree course are qualified to be appointed as PTI is no more res

integra as a co-ordinate Bench of this court has, in case of Vinod

Kumar (supra), relying upon a Division Bench judgment of this

Court in case of Ganesh Narayanmali & Ors. Vs. State

(Education Department) & Ors., MANU/RH/0291/2016,

held that the candidates having BPE three years degree course are

not eligible to be appointed as PTI Grade-III.

Contention of the learned counsel for the petitioners that

judgment in case of Vinod Kumar (supra) is per incuriam as the

stand taken by the NCTE was not considered, cannot be

countenanced inasmuch as a Division Bench judgment of this

Court has, in case of Ganesh Narayanmali (supra), while

dealing with the similar contention of the NCTE therein, held as

under:

               "16.    Even       when       we      look         into   the
         amendment          Notification          of       NCTE          Dt.

12.11.2014, as regards the post of PTI Gr. III (Primary & Upper Primary Education) for classes I to VIII is concerned, BPE (3 year degree) is still not the minimum academic & professional qualification in holding a candidate eligible. At the same time, as regard the post of PTI Gr.II (Secondary & High School) for classes IX & X and for Senior Secondary/Intermediate for Classes XI-XII is concerned, apart from B.P.E., B.P. Ed. and M.P. Ed. are also the prescribed

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professional qualification required to consider a candidate eligible to hold the post of PTI Gr.II.

17. Thus, in totality of the factual matrix of the case, a holder of BPE (3 year degree) in itself in absence of a professional qualification is not eligible for the post of PTI Gr.II or PTI Gr. III, as the case may be, either in the pre-amendment Regulations, 2011 or in the post-amendment Regulations, 2014 which are introduced by the NCTE vide amendment Notification Dt. 12.11.2014 and that apart the legal position is well settled and as also taken note of by the ld. Single Judge that once any change which is given effect after the process of selection being initiated, particularly with regard to the eligibility, the same cannot be given effect to in the selection which has already been processed and legitimate right to the participant has conferred, pursuant to the advertisement in question.

18. The submission made by the counsel that BPE (3 year degree) has been treated to be an equivalent professional qualification vide communication Dt. 15.07.2015 is of no significance for the reason that under the scheme of Rules, 1971 the candidate is supposed to possess minimum academic & professional qualification, as prescribed under the scheme of Rules/Regulations and the scheme of Rules does not postulate any other equivalent qualification and that being so, the very correspondence made by the NCTE to the Secretary, RPSC Dt. 15.07.2015 will not hold the candidates of BPE (3 year degree) to be eligible for the post of PTI Gr.II and Gr. III

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under the present advertisement Dt. 18.09.2013 unless the Rules provide/prescribe equivalent qualification, merely by correspondence Dt. 15.07.2015 holding BPE (3 year degree) as the equivalent qualification cannot be considered as the basic minimum academic/professional qualification to hold a candidate eligible for the post of PTI Gr.II/Gr. III in question under the scheme of Rules, 1971 and to further support neither under the scheme of Rules, 1971 nor in the advertisement Dt. 18.09.2013, there is any provision prescribed of equivalent qualification. Thus, one is supposed to hold the basis minimum academic/professional qualification, which is prescribed under the scheme of Rules, 1971 & not the equivalent qualification prayed for.

19. Indisputably, either of the candidates who are holders of BPE (3 year degree) are not holding the qualification of BPEd, CPEd & DPEd which could make them eligible to participate in the selection process initiated in respect of the post of PTI Gr.II and Gr. III respectively and that being so, we find no justification in the submissions made and we are in conformity with the view expressed by the ld. Single Judge in holding that the holders of BPE (3 year degree) are not eligible for the post of PTI Gr.II and Gr. III under the Rules, 1971 & under the present advertisement, pursuant to which the selection process has been initiated Dt. 18.09.2013."

Therefore, this Court is satisfied that the issue involved

herein is no more res integra and stand decided by a co-ordinate

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Bench of this Court based on a Division Bench judgment of this

Court in case of Ganesh Narayanmali (supra).

In view of the aforesaid, the application deserves to be

allowed. The application is allowed.

These writ petitions are dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J

Sudha/18-27