Manoj Kumar Bagariya And Ors vs State (Panchayati Raj Dep)Ors on 11 May, 2012
The main thrust of submission of Mr.Ashok Gaur, Senior Counsel and other counsel is that candidates who are holding the qualification of BPE (3 year degree) are at least eligible for being appointed in the light of the Notification issued by the NCTE dt.12.11.2014 amending the Second Schedule in reference to sub-reg.(2) of Reg.(4) of its Regulations and laying down the minimum academic & professional qualifications for the post of PTI Gr.II and Gr.III respectively and in terms of the amendment Notification dt.12.11.2014, the holders of BPE become eligible for the post of PTI Gr.II and Gr.III and further submit that the State Government is under an obligation to make necessary amendment under the scheme of Rules, 1971 and their further submission is that in the case of Manoj Kumar Vs. State of Rajasthan reported in 2014 (3) CDR 1572 (Raj.) observations were made by the Division Bench of this court and liberty was granted to the NCTE and the State Government to amend the Rules and keeping the observations of the Division Bench of this court into consideration, once amendment has been made by the NCTE under its Regulations vide Notification dt.12.11.2014, it is the duty of the State authorities to give it full respect and the present amendment will certainly apply to the selection process in question and their further defence is that the NCTE vide its letter dt.15.07.2015 made its intention clear that BPE holders (3 years degree) are holding equivalent qualification and are eligible to hold the post of PTI Gr.II and Gr.III and there appears no reason to out-list them from the selection process which was initiated by the Commission pursuant to the advertisement dt.18.09.2013.