Judgment:
Narendra Kumar Jain, J.
1. Respondent No. 2, the Director, Sanskrit Education, Rajasthan, Jaipur, issued an Advertisement No. 1/2001-2002, dated 25.8.2001 for the posts of Senior Teacher (Gr.II) under the provisions of Rajasthan Sanskrit Education Subordinate Service Rules, 1978, in the various subjects including Science. The petitioner applied for the post of Senior Teacher in Science subject. The petitioner belongs to Scheduled Tribes category. The interviews were held on 12th and 13th of December 2001. As per merit list prepared for Scheduled Tribe candidates, the last candidate having secured 60.49% marks, was called for interview whereas the petitioner secured 66.27% marks, was not called for interview. The petitioner thereafter served a notice upon the respondents and ultimately the present writ petition was preferred wherein a notice to show cause was given to the respondents and in response thereto, they have filed written reply to the writ petition and in para 5 thereof, it was contended that the application form of the petitioner was rejected on the ground that the petitioner did not possess the requisite qualification for the post of Science Teacher Gr. II as per the advertisement. As the petitioner did not have the requisite qualification of B.Ed, the petitioner passed the B.Ed. (Basic) Course which is recognised for Teacher Gr. III for primary education whereas for the post of Teacher Gr. II, a candidate should pass B.Ed. Course. Para 5 of the reply is reproduced as under:
That the contents of para No. 5 of the writ petition are admitted and not denied. The fact is correct that the merit list prepared for ST candidates, the last candidate secured 60.49% marks. Interview held on 12 & 13 December 2001, and the petitioner was not called for interview. It is humbly submitted that the application form of the petitioner was rejected on the ground that the petitioner did not possess the requisite qualifications for the post of II Grade Science Teacher as per the advertisement. Because, the petitioner did not having the requisite qualification of B.Ed. But petitioner passed the B.Ed. (Basic) Course, which is recognized for III grade teachers for primary education. Where as, for the post of II Grade teacher, candidate should pass B.Ed. Course. Further Barkatullah Vishwavidyala, Bhopal is not recognized even for B.Ed (Basic) course. Therefore, the application form of the petitioner was rejected and therefore, petitioner was not called for interview.
2. The learned Counsel for the petitioner contended that the petitioner passed B.Sc. from Maharshi Dayanand Saraswati University, Ajmer and secured 61.97% marks and B.Ed. From Barkatullah Vishwavidyalaya, Bhopal, wherein he secured 79.20% marks. The said University is also recognised by the National Council for Teacher Education. The Barkatullah Vishwavidyalaya, Bhopal, has issued a degree of Bachelor of Education itself but in the mark-sheet, B.Ed (Basic) has been mentioned but from the certificate dated 13.12.2001 (Annexure 2), it is clear that the degree of B.Ed. (Basic) is equivalent to B.Ed. degree of other universities. He also contended that one person Mangaliya Ram Rawat who was having the same degree of B.Ed. and mark-sheet of B.Ed. (Basic) from Barkatullah Vishwavidyalaya, Bhopal, has been considered by the respondents for the post of Teacher Gr. II and he has been given appointment vide order dated 20.12.2001. A copy of which has been placed on record along with rejoinder by him. He, therefore, contended that the action of the respondents is arbitrary and unconstitutional and violative to provisions of Articles 14 and 16 of the Constitution of India. In these circumstances, the writ petition deserves to be allowed and the respondents be directed to consider the case of the petitioner for the post of Science Teacher Gr. II as one post of Senior Teacher Science, was directed to be kept vacant vide interim stay order dated 30.7.2002 which is still in force.
3. The learned Government Advocate contented that as per their reply to the writ petition, it is clear that the petitioner was not qualified for consideration for the post of Science Teacher Gr. II as he qualified B.Ed. (Basic) course and not B.Ed. course itself. So far as the appointment given to the similarly situated person i.e. Mangaliya Ram Rawat on the basis of the same qualification is concerned, he is unable to justify the action of the respondents.
4. I have considered the submissions of the learned Counsel for the parties. There is no dispute that the respondent No. 2 issued advertisement 25.8.2001 for the post of Senior Teacher in various subjects including Science. The petitioner also applied for the post of Science Teacher Gr. II. He belongs to Scheduled Tribe category. The petitioner secured 66.27% marks but he was not called for interview whereas less meritorious persons from the S/T category who secured 60.49% marks, was called for interview. The only dispute in the present case is about the qualification of the petitioner. The degree of B.Ed. course, which is described as B.Ed (Basic) in marksheet, awarded to the petitioner by the Barkatullah Vishwavidyalaya is equivalent to the degree of B.Ed. course of other universities or not.
5. I have considered the degree and mark-sheet issued by the Barkatullah Vishwavidyalaya, Bhopal, in the case of petitioner and also in the case of Mangaliya Ram Rawat. So far as the degree issued by the Barkatullah Vishwavidyalaya, Bhopal is concerned, the same has been issued for the course of 'Bachelor of Education' and nothing has been mentioned in it as Bachelor of Education (Basic). However, in mark-sheet, the course has been described as B.Ed. (Basic). The same degree and marksheet have been issued by the said University to Mangaliya Ram Rawat also. The respondents have not disputed that they have given appointment to Mangaliya Ram Rawat, the similarly situated person, for having the same qualification from the same university, Barkatullah Vishwavaidyalaya, Bhopal has issued the certificate dated 13.12.2001 (Annex.2) to the effect that the B.Ed. (Basic) Course of University is equivalent to B.Ed. course of other universities and the said course is recognised by the National Council for Teacher Education vide its letter dated 13.12.2001 as also confirmed the petitioner that NCTE has recognised 100 seats in the Sophia Science College, Bhopal which is affiliated to Barkatullah Vishwavidyala, Bhopal for the B.Ed. course for the year 2000-2001. The Barkatullah Vishwavidyala, Bhopal is not running any other course of B.Ed. and it appears that the course of B.Ed. (Basic) is nothing except the course of B.Ed itself. The respondents have also treated the B.Ed. (Basic) course of Barkatullah Vishwavidyala, Bhopal as equivalent to B.Ed. course for the case of Mangaliya Ram Rawat who has been given appointment for the post of Teacher Gr. II. The learned Govt. Advocate is unable to justify the action of the respondents in making a distinction that persons having qualification of B.Ed. (Basic) are eligible for consideration for the post of Teacher Gr. III whereas the persons having qualification of B.Ed. course, are eligible for consideration for the post of Teacher Gr. II. The learned Govt. Advocate is unable to show that the course of B.Ed. (Basic) is inferior or not equivalent to the B.Ed. course. In these circumstances, it is crystal clear that the respondents acted arbitrarily in not calling the petitioner for interview for the post of Science Teacher Gr. II in pursuance of advertisement dated 25.8.2001 (Annexure 4) and their action is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.
6. In view of the above discussions, the writ petition is allowed. Since one post of Senior Science Teacher was kept reserved for petitioner by interim stay order of this Court dated 30.7.2002, hence the respondents are directed to consider the case of the petitioner for the post of Senior Teacher (Science) i.e. Teacher Gr. II (Science) treating him qualified for the said post and in case he is found otherwise eligible as per rules and further that any less meritorious person to the petitioner, has been given appointment, then his candidature will also be considered for appointment on the post of Science Teacher Gr. II. The needful will be done within a period of two months from the date of submission of the order of this Court. It is made clear that in case the candidature of the petitioner is found to be suitable and he is appointed, then he will not be entitled for any salary for the period he did not work. However, he will be paid salary from the date of this order. He will further be entitled to proper seniority as per merit list prepared in pursuance of above advertisement of 2001 (Annex 4). Parties are directed to bear their own costs.