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""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 [2023/RJJD/010358] (4 of 5) [CW-1667/2020] 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."

Accordingly, the present writ petition is allowed. 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."