Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Deepak Dadhich (2025:Rj-Jd:51542-Db) on 27 November, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:51542-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 20/2021
1. The State Of Rajasthan, Through The Principal Secretary,
Panchayati Raj Department, Government of Rajasthan,
Jaipur.
2. Zila Parishad, Nagaur Through Chief Executive Officer,
Zila Parishad, Nagaur.
----Appellants
Versus
1. Deepak Dadhich S/o Arvind Dadhich, Aged About 28
Years, C/o Pradeep Narang, Jail Wali Road, Bikaner
2. Rehabilitation Council Of India, New Delhi, Through Its
Principal Secretary, Rehabilitation Council Of India, New
Delhi.
----Respondents
For Appellant(s) : Mr. Ayush Gehlot.
For Respondent(s) : Mr. Manvendra K.S. Bhati.
Mr. Vikas.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
27/11/2025
1. Learned counsel for the parties, at the very threshold,
submits that the issue is no longer res-integra and has already
been decided by the Apex Court in the case of Manoj Kumar
Sharma & Ors. Vs. The State of Rajasthan & Ors.; Civil
Appeal No(s). 8140/2024, decided on 24.09.2025. The
operative portion of the judgment reads as under:-
"10. The short issue arising for consideration is
whether the qualification of the appellants, who
possess a B.Ed. (General Education) along with a
post-graduate professional diploma in Special
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Education, is equivalent to the prescribed
qualification, i.e., graduation and B.Ed. (Special
Education).
11. The answer to this question is simple and
straightforward for the following reasons;
a. It is an admitted fact that the advertisement
which is issued is intended for the recruitment of
Special Education Teachers. Recruitment of teachers
intended for special education is governed by the
RCI Act, a special statute, the regulator of which is
the Rehabilitation Council of India, which has a
statutory status.
b. The council has already issued an order dated
20.04.2009 indicating that B.Ed. (General
Education) coupled with Diploma (special education)
shall be treated as an equivalent degree to B.Ed.
(Special Education) i.e., the prescribed qualification
in the impugned notification.
c. It is also clear that the NCTE, which is the
statutory body with respect to school education, has
recognised the special role performed by the RCI as
regards the regulatory measures needed to be
taken for the requirement of special educators. In
this very context, a Memorandum of Understanding
(MoU) between NCTE and RCI was entered into on
08.04.2015.
d. In Civil Appeal Nos. 8144-8145/2024, 8141-
8143/2024 and 8497-8499/2024, we are informed
that there is also a letter dated written by NCTE
stating that qualifications relating to the
appointment of Special Educators are as prescribed
by RCI vide its circular dated 11.04.2017.
12. From the MoU, it becomes clear that NCTE
has, in fact, collaborated with RCI and has entered
into an agreement to ensure that, insofar as general
education is concerned, the prescription of NCTE
should be followed and insofar as schools for special
education are concerned, the prescription of RCI
should be followed. The decision of the Rajasthan
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High Court in Pritam Kumar Tak (supra) and Rajni
(supra) are on the same line.
13. Mr. Rishi Malhotra, learned senior counsel, has
also brought to our notice the decision of this Court
in Rajnish Kumar Pandey v. Union of India which
emphasises the role of RCI in the domain of special
education.
14. In view of the above, we are of the opinion
that there is no difficulty for the State Government
in considering the case of the appellants who
possess a B.Ed. (General Education) along with a
one-year Post Graduate Professional Diploma in
Special Education (PG PD-SE) as equivalent to the
prescribed qualification in the advertisement.
15. We are aware of the fact that the
advertisement was issued way back on 31st July,
2018, and the process of recruitment would have
been over by now. However, if there are any
vacancies left, we direct the respondents to
consider the case of the appellants and pass
necessary orders within 30 days from the date of
receipt of a copy of this order.
16. The appeals are accordingly disposed of"
2. Accordingly, the present appeal stands disposed of in the
same terms.
3. Stay application and all pending applications also stand
disposed of.
(SANJEET PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J
52-sumer/-
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