Ran Singh Bhati vs State Of Rajasthan ...
2023 Latest Caselaw 3236 Raj

[2023/RJJD/010732]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1833/2022

Ran Singh Bhati S/o Shri Narapt Singh Bhati, Aged About 33 Years, R/o VPO Rohida, Tehsil Pindwara, District Sirohi, Rajasthan.

----Petitioner Versus

1. State of Rajasthan, through the Secretary, Woman Empowerment and Child Development Department, Government of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The National Council for Teachers Education, through its Chairperson, National Council for Teacher Education, G-7, Sector-10, Dwarka, Landmark - Near Metro Station, New Delhi - 110075.

3. The Director, Woman and Child Development Department, Rajasthan, Jaipur, Rajasthan.

4. The Secretary, Rajasthan Subordinate and Ministerial Services Selection Board, Jaipur, Rajasthan.

5. Janardan Rai Nagar Rajasthan Vidyapeeth, through its Registrar, Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur, Rajasthan.

6. The Registrar, Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Mohan Singh Shekhawat on behalf of Mr. Kailash Jangid For Respondent(s) : Mr. Anil Kumar Gaur, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/04/2023

Heard learned counsel for the parties.

The present writ petition has been filed with the prayer that

the qualification held by the petitioner i.e. B.Ed (Child

Development Course) may be treated to be eligible for

appointment on the post of Pre Primary Education Teacher in

pursuance of the advertisement dated 21.08.2018.

[2023/RJJD/010732] (2 of 4) [CW-1833/2022]

Learned counsel for the petitioner submits that the petitioner

is holding the qualification of Bachelor of Education (Child

Development) and being eligible applied for the post of Pre

Primary Education Teacher (Nursery Teacher) in pursuance of the

advertisement issued on 21.08.2018. The petitioner appeared in

the written test and being in the merit list, he was called for

document verification. However, at the time of document

verification, since the petitioner was not held eligible, he was not

given appointment on the post of Pre Primary Education Teacher

(Nursery Teacher). Hence, the present writ petition has been filed.

Learned counsel further submits that as per the eligibility and

educational qualification, the two years' degree of B.Ed (Child

Development) held by the petitioner is equivalent to two years'

Nursery Teacher Training course as mentioned in the

advertisement and thus, the petitioner being eligible, his case

should be considered for appointment.

Learned counsel for the petitioner vehemently submits that

the Bachelor of Education (Child Development) is also a course

having duration of two years and the same is also equivalent to

the course of two years' Nursery Teacher Training course and,

therefore, the respondents should have granted the appointment

to the petitioner on the post of Nursery Teacher. He, therefore,

prays that the writ petition may be allowed and the respondents

may be directed to grant appointment to the petitioner on the post

of Nursery Teacher.

Per contra, learned counsel for the State submits that the

educational qualification held by the petitioner is not equivalent to

the educational qualification prescribed in the advertisement for

[2023/RJJD/010732] (3 of 4) [CW-1833/2022]

the post of Nursery Teacher and, therefore, the petitioner was not

granted appointment on the post of Nursery Teacher. Learned

counsel for the respondents further submits that in the identical

situation, this Court in the case of Babu Ram Vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.12383/2020)

decided on 27.07.2022 has held that the educational qualification

mentioned in the advertisement is Nursery Teacher Training

Course and since the petitioner in that case was not holding the

requisite qualification, therefore, he was not eligible for the Pre

Primary Education Teacher. He, therefore, prays that the writ

petition may be dismissed.

I have considered the submissions made at the Bar and have

gone through the relevant record of the case.

The fact regarding the holding of examination and the

qualification of the petitioner is not disputed. The only question

involved in the present case is that whether the Bachelor of

Education (C.D.) is equivalent to two years' N.T.T. course as

mentioned in the advertisement. Learned counsel for the

petitioner has stated that the B.Ed (C.D.) Course is also for a

duration of two years and having the same subjects, which are

mentioned in the two years' N.T.T. course, therefore, the same

should be considered to be equivalent and thus, on the strength of

B.Ed (C.D.), the petitioner is eligible for appointment on the post

of Nursery Teacher.

The petitioner is unable to show before this Court that the

B.Ed (C.D.) is equivalent to two years' Nursery Teacher Training

Course. Merely because both the Courses are of two years, it

cannot be said that they are at par. Otherwise also, to adjudge the

[2023/RJJD/010732] (4 of 4) [CW-1833/2022]

equivalence of two Courses is not within the domain of this Court,

therefore, this Court is unable to come to a conclusion that the

B.Ed (C.D.) held by the petitioner is equivalent to two years'

Nursery Teacher Training Course.

This Court is of the opinion that whether a particular course

is equivalent to the course mentioned in the advertisement or not,

lies within the domain of the respondents or in the domain of an

expert body. Since nothing has been placed on record about the

equivalence of the course of B.Ed (C.D.) vis-a-vis two years' N.T.T.

course, it cannot be presumed by this Court that both the Courses

are equivalent and, therefore, the petitioner may be declared

eligible to hold the post of Nursery Teacher.

Since the condition of the advertisement is very clear that a

person will be eligible only if he is holding a qualification for Senior

Secondary from the Board of Secondary Education or its

equivalent and train in two years' Nursery Teacher Training Course

by institution recognized by the National Council for Teacher

Education but the petitioner is not holding the two years' Nursery

Teachers Training Course, therefore, he cannot be held eligible for

appointment on the post of Nursery Teacher.

The view taken by this Court is also supported by the

judgment of this Court rendered in the case of Babu Ram Vs.

State of Rajasthan & Ors., decided on 27.07.2022.

The writ petition, therefore, is bereft of merit and the same

is dismissed.

(VINIT KUMAR MATHUR),J 1-Shahenshah/-

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