Rajasthan High Court - Jaipur
Babita Kumari vs State (Education Department) Ors on 28 March, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 1208 / 2017
Babita Kumari W/o Late Shree Jaipal Singh,, Aged About 45 Years,
Hawai Patti Ke Pass, Ward No. 02, Jhunjhunu, Rajasthan.
----Petitioner
Versus
1. State of Rajasthan Through Principal Secretary, Education
Department, Government Secretariat,, Jaipur (Raj.)
2. Director, Elementary Education,, Bikaner, Rajasthan.
3. Deputy Director Elementary Education,, Bikaner, Rajasthan.
4. District Education Officer Cum Chief Executive Officer (Primary
Education),, Zila Parishad Jhunjhunu (Raj.)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Ilias Khan
For Respondent(s) : Mr. Parikshit Singh Dy. G.C.
_____________________________________________________
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Judgment
28/03/2017
The present writ petition has been filed under Article
226 of the Constitution of India, praying that the respondents be
directed to issue appointment letter in favour of the petitioner as
Teacher Grade III, after enabling her to complete six months
bridge course in terms of the order dated 29.8.2016 (Annexure-
7), passed by co-ordinate Bench in Bhagirath Mal Yadav & Ors.
vs. State of Rajasthan & Ors., S.B. CWP No.8270/2015.
In the present writ petition, it is averred that the
respondents issued an advertisement for the recruitment to the
post of Teacher Grade-III in the year 2006 and in pursuance
(2 of 3)
[CW-1208/2017]
thereof, the petitioner applied and was selected as Teacher Grade-
III in the Widow category. The respondents on 10.5.2010, issued
appointment letter in favour of the petitioner to perform duties as
trainee. A specific condition was laid in the appointment letter
dated 10.5.2010 that the petitioner shall produce B.Ed./B.S.T.C.
Course certificate or equivalent training qualification certificate
before appointing authority before she can be considered and
appointed as Teacher Grade-III.
Petitioner is having qualification of Nursing Teacher
Training Course, however, she is not possessed B.Ed./B.S.T.C. or
equivalent qualification. State Government earlier had permitted
similar candidates to become eligible after undertaking six months
bridge course at the cost of the candidates.
It is stated that the petitioner is discharging her duties
since 11.5.2010 and was being paid fixed remuneration of
Rs.2750/- per month, which as on today has been enhanced to
Rs.4200/- per month.
The learned counsel for the petitioner has contended
that similarly situated persons preferred writ petition bearing No.
SBCWP No.6422/2007 in this court and during the pendency of
the writ petition, Government took a decision to consider all those
candidates who are having qualification of NTT, as eligible provided
they were willing to undertake six months bridge course on their
own cost.
The order passed by the Government has been
reproduced in the order passed by the co-ordinate Bench on
29.8.2016 in the case of Bhagirath Mal Yadav & Ors. (supra).
(3 of 3)
[CW-1208/2017]
I have heard the learned counsel for the parties.
Mr. Parikshit Singh, Dy. Government Counsel who had
appeared in the case of Bhagirath Mal Yadav & Ors. (supra), could
not distinguish the case of the petitioner from the order dated
29.8.2016 passed by the co-ordinate Bench and relied by the
learned counsel for the petitioner.
The order passed by the co-ordinate Bench in Bhagirath Mal & Ors. vs. State of Rajasthan & Ors., SBCWP No. 8270/2015 be read as part of this order.
Consequently, the present writ petition is disposed of, in terms of the order rendered by the co-ordinate Bench in Bhagirath Mal & Ors. vs. State of Rajasthan & Ors., SBCWP No. 8270/2015 and it is directed that the petitioner shall furnish an affidavit to the respondents to the effect that she will undertake six months bridge course on her own cost. Upon furnishing of the affidavit, the respondents shall permit the petitioner to complete bridge course of six months at the cost of the petitioner. The respondents are further directed to extend the similar benefits to the petitioner, which were extended to Kumari Suman Bhupesh and petitioners to SBCWP No.8270/2015, Bhagirath Mal & Ors. vs. State of Rajasthan & Ors. (supra).
As directed in the case of Bhagirath Mal & Ors. vs. State of Rajasthan & Ors. (supra), the compliance of this order shall be made within a period of two months.
(KANWALJIT SINGH AHLUWALIA)J. Mak/-