Rajasthan High Court - Jodhpur
Mohan Lal Adiwasi vs Board Of Secondary Education For ... on 23 May, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023/RJJD/016767]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2154/2021
Mohan Lal Adiwasi S/o Kodar Ji, Aged About 45 Years, By Caste
Adiwasi Bheel, R/o Nogama Tehsil Bagidora, District Banswara.
----Petitioner
Versus
1. Board Of Secondary Education For Rajasthan, Ajmer.
2. Vardhman Mahaveer Open University, Kota Through Its
Registrar.
3. Govind Guru Tribal University, Banswara Through Its
Registrar.
4. Dr. Nagendra Singh Law College, Bhartiya Vidhya Mandir,
Banswara.
----Respondents
For Petitioner(s) : Mr. RP Singaria
For Respondent(s) : Mr. Mahendra Trivedi
Mr. Ankit Bhaskar
HON'BLE DR. JUSTICE NUPUR BHATI
Order 23/05/2023
1. By way of filing this writ petition under Article 226 of the Constitution of India, the petitioner is claiming following reliefs :-
"(1). The writ petition may kindly be allowed and the respondents may kindly be directed to grant admission to the petitioner in LLB I year course in respondent college after consideration the certificate of petitioner of B.A.P as equivalent to the Senior Secondary Course of Board of Secondary Education, Ajmer.
(2). Any other appropriate writ, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also kindly be granted in favour of the petitioner. (3) Allow cost of the writ petition to the petitioner.(Downloaded on 23/05/2023 at 09:35:19 PM)
[2023/RJJD/016767] (2 of 4) [CW-2154/2021]
2. Counsel for the petitioner and respondents jointly submits that the issue raised in the present writ petition is squarely covered by judgment of this Court in Rajpal Vs. The State of Rajasthan through Director & Ors (S.B. Civil Writ Petition No.8632/2016, decided on 09.10.2017). The said judgment, as relied upon by both the learned counsel, reads as follows :-
The prayer in the present writ petition is for issuance of the direction to the respondents to provide admission to the petitioner in the LL.B. First Year in the Nehru Memorial Law P.G. College, Hanumangarh Town, District Hanumangarh.
It is contended that since the petitioner fulfills all eligibility criteria for admission in LL.B. Degree Course, he submitted an application before the respondent No. 5 seeking admission in the LL.B. First year. The petitioner also submitted an application before the respondent No. 5 on 06.06.2016 stating that since he has passed the B.A.P. Course which is equivalent to 10+2 examination and the High Court in S.B. Civil Writ Petition Nos. 1594, 1595, 1596 of 2009 and 8814 of 2003 decided vide Order dated 22.02.2010 has held the B.A.P. course equivalent to the Senior Secondary course, he should be, accordingly, provided admission in LL.B. Degree Course. Thereafter, the petitioner was informed only in response to his application under the Right to Information Act vide Communication dated 20.07.2016 that he cannot be granted admission in the LL.B. First Year as he has undergone his graduation without obtaining the basic qualification of senior secondary.
Reply has been filed by various respondents.
As per the reply filed by the respondent No. 4, the petitioner himself has placed on record the order issued by the Board of Secondary Education, Rajasthan, Ajmer on 23.01.2014 in which it was clearly mentioned that the B.A.P., B.C.P. and B.S.C.P. (one year) programs run by Vardhman Mahaveer Open University, Kota is to be treated equivalent to the Senior Secondary course only with effect from 01.01.2014. Since the petitioner had passed his B.A.P. course before the said date, the same cannot be considered as equivalent to the Senior Secondary Course.
Heard.
Learned counsel for the parties have not been able to dispute that the controversy involved in the present case is no more resintegra in view of the judgments rendered by the learned Single Bench of this Court in the case of Baboo Lal Meena & ors. Vs. State of Rajasthan & ors. reported in 2010(2) WLN 197 (Raj.) as well as Division Bench of this Court in the case of State of Rajasthan & ors. Vs. Lachcha Ram & 14 ors. reported in 2012(1) WLC (Raj.) 339. While allowing the appeals, the learned Division Bench of this Court (Downloaded on 23/05/2023 at 09:35:19 PM) [2023/RJJD/016767] (3 of 4) [CW-2154/2021] in the case of State of Rajasthan & ors. Vs. Lachcha Ram & ors. (supra) has specifically held as under :
"It was not open to the State Government to contend that such incumbents, who have completed BSTC Course after passing 10th class and BAP Course from Kota Open University and are graduate also, are not eligible for appointment to the post of Prabodhak. We also find that for admission to graduation course in Kota Open University, Senior Secondary is eligibility criteria and the students who have passed 10th class examination and have undertaken BAP course are treated as eligible for admission to graduation course. It is apparent that Kota Open University is treating BAP course as equivalent to Senior Secondary and that is why admissions are given to graduation course, certificate to the contrary is of no avail to the State. It is not in dispute that at the relevant time, admission to graduation course in Kota Open University could not have been given to a person without possessing Senior Secondary Examination certificate or its equivalent, thus, for all purposes, the incumbents who have been given admission to graduation course after passing BAP course were treated as having qualification equivalent to Senior Secondary or intermediate. The same is also reflected in the State Government's Circular dated 03.05.2002/09.05.2002. Thus, in our considered opinion, there is no infirmity in the view taken by Hon'ble Prakash Tatia J. in the orders which have been impugned by the State. We accordingly affirm the same and set aside the view of the Single Bench based on the decision in the case of Suja Ram (supra), Jamant Singh (supra) and Civil Writ Petition No. 5951/2008 (Smt. Priti Dixit Vs. State of Rajasthan & ors.) inasmuch as dealing with aforesaid question as rest of the questions are not before us for adjudication in these appeals and hold that the view taken in Suja Ram's case and in other orders based thereupon, does not lay down correct law as sufficient material to form correct opinion was not placed before the Single Bench deciding Suja Ram's case, which has been simpliciter followed in other cases."
This Court finds nothing to distinguish the case of the petitioner from the ratio of judgment rendered in the case of Baboo Lal Meena & ors. Vs. State of Rajasthan & ors. (supra) as well as State of Rajasthan & ors. Vs. Lachcha Ram & 14 ors. (supra).
Accordingly, the present writ petition is allowed. The respondents are directed to consider the case of the petitioner for admission in the LL.B. First Year Course in the academic session 2018-19 after considering the certificate of the petitioner of BAP Course as equivalent to the Senior Secondary Course of the Board of Secondary Education, Rajasthan, and grant him admission, if he is otherwise eligible.
(Downloaded on 23/05/2023 at 09:35:19 PM)[2023/RJJD/016767] (4 of 4) [CW-2154/2021]
3. On such joint submission made before this Court and upon perusal of the record, this Court finds that the said judgment is squarely applies to the factual matrix of the present case.
4. In view of the submissions made, the writ petition filed by the petitioner is allowed with similar directions as given in the case of Rajpal Vs. State of Rajasthan & Ors (supra).
5. The stay application also stands disposed of.
6. All other pending applications also stand disposed of.
(DR. NUPUR BHATI),J surabhii/173- (Downloaded on 23/05/2023 at 09:35:19 PM) Powered by TCPDF (www.tcpdf.org)