Rajasthan High Court - Jodhpur
Mamta vs The State Of Rajasthan ... on 28 August, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:38598]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5469/2025
Mamta W/o Rajveer, Aged About 37 Years, Pwd Colony,
Suratgarh, District Ganganagar, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur, Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The Joint Director (School Education), Jodhpur Zone,
District Jodhpur, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Jodhpur, District Jodhpur, Rajasthan.
5. The Registrar, Mewar University, Nh-79, Gangrar, District
Chittorgarh, Chittorgarh (Raj.).
----Respondents
For Petitioner(s) : Ms. Taniya Mehta
For Respondent(s) : Mr. N.K. Mehta, Dy.G.C.
HON'BLE MS. JUSTICE REKHA BORANA
Order
28/08/2025
1. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment of a Co-
ordinate Bench of this Court passed in S.B. Civil Writ Petition
No.8863/2025; Ashok Kumar vs. The State of Rajasthan &
Ors. (decided on 23.07.2025).
2. Counsel for the respondents does not refute the above fact.
3. In Ashok Kumar (supra), the Court held and observed as
under:
[2025:RJ-JD:38598] (2 of 3) [CW-5469/2025]
"11. The foundation of the order dated 14.04.2025 is
erroneous in light of the reply filed by the respondent No.5-
Mewar University. The respondent No.5 in its reply has very
categorically stated that the duration of B.A. Additional
Course is one year and there is no need for any person to
attend the classes since it is a distant education course on
self study mode having problem solving session. As per the
University in B.A. Additional Course all the papers of a
particular subject is taught at the graduate level during
three years, are taught in one year and a student has to
pass all papers, therefore, the intention of the University is
to impart an education to a student in that particular
subject, which is taught in the graduate level for three
years in one year. As per the requirement mentioned in
Schedule-1 of the Rules of 2008, it clearly shows that for
holding the post of Senior Teacher, a person must be
graduate or equivalent examination with the concerned
subject and one more subject taught in Class 9th and 10th
as Optional Subjects.
12. 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 and,
therefore, the certificates/vacational B.A. Additional Course
possessed by the petitioners are held to be valid as per the
Rules of 2008. Thus, the promotions granted to the
petitioners on the post of Senior Teacher is just, proper and
correct as they are holding the requisite qualification for the
post.
13. Accordingly, the writ petition merit acceptance and the
same is allowed. Th order dated 14.04.2025 is quashed and
set aside. The petitioners' qualification of B.A. Additional
Course cannot beheld to be a certificate vacation course
only."
4. In view of the aforesaid, the present writ petition is
disposed of on the same terms and directions as passed in Ashok
Kumar (supra).
5. The order has been passed based on the submissions made
in the petition and by learned counsel for the petitioner before this
[2025:RJ-JD:38598] (3 of 3) [CW-5469/2025]
Court. The respondents would be free to examine the veracity of
the submissions made in the petition and only in case, the
averments made therein are found to be correct, appropriate
orders would be passed in favour of the petitioner.
6. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
76-KashishS/-
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