Rajasthan High Court - Jaipur
Lala Ram Yadav And Ors vs State Of Raj And Ors on 18 February, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6628/2007 Lala Ram Yadav & Anr. Versus State of Rajasthan & Ors. DATE OF ORDER : 18/02/2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. Hanuman Choudhary, for petitioners Mr. Shantanu Kumawat for Mr. S.N. Kumawat, AAG, for respondents
*** The petitioner applied for the post of Teacher Gr.III. However, he has been rendered ineligible for want of required qualification of BSTC.
Learned counsel submits that qualification obtained by petitioner is Unit Education Instructor Course from Army. It is equivalent to Junior Basic Teacher (JBT). The Certificate has been endorsed by MP Government vide Annexure-5. Accordingly, petitioner should not have been rendered ineligible for the post aforesaid rather treating certificate of Unit Education Instructor Course equivalent to BSTC. The petitioner's candidature should have been considered.
Learned counsel for respondents opposed the prayer and submits that Unit Education Instructor course is not equivalent to BSTC. The document at Annexure-5 is in reference to JBT Certificate given by MP Government though in one of the judgment, Certificate by the institution at Panchmadi, MP was not held to be equivalent to BSTC. It is also stated that equivalence of course of BSTC/B.Ed. can be given only by NCTE under its Regulation. Regulation 6 is referred where NCTE is authorized to consider the issue of equivalence. Accordingly, petitioner has rightly been held ineligible.
I have considered the submission made and find that document issued by MP Government is not binding on the State Government, moreso when it is not giving equivalence to the course undertaken by petitioner with that of BSTC. It is otherwise a fact that question of equivalence can be determined only by NCTE under Regulation 6 of National Council for Teacher Education (Determination of Minimum Qualification for Recruitment of Teachers in School) Regulations, 2001, which is quoted hereunder:
6. Interpretation If any question arises relating to interpretation of these Regulations or equivalence of various teacher's training programmes, decision of the Council shall be final.
In view of the aforesaid, document regarding equivalence issued by MP Government cannot be of any help to the petitioner and otherwise there is nothing on record to show that course undertaken by petitioner to be equivalent to BSTC. Hence, petitioner has been rightly declared ineligible for the post of Teacher Gr.III.
In view of the aforesaid, writ petition is dismissed. The stay application is also dismissed.
[M.N.BHANDARI], J.
FRBOHRA/6628CWP2007.doc Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, P.A