The High Court allowed the writ petition challenging the termination of services on the ground that the petitioner's B.Ed. degree was not recognized. Relying on coordinate bench decisions, the Court held that the degree was valid and quashed the termination orders.
Impugned orders dated 01.01.2010 and 10.12.2009 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1036/2010
Pratap Ola
----Petitioner
Versus
State Of Raj. And Ors.
----Respondent
| For Petitioner(s) | : Mr. |
P.S. Chundawat. |
|---|---|---|
| For Respondent(s) | : Mr. |
Lalit Pareek,Dy.G.C. |
HON'BLE MR. JUSTICE ARUN MONGA Order (Oral)
29/04/2024
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case of Chhaju Ram Verma Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.697/2010, decided on 31.01.2014 , and followed in the case of Jhabar Singh Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.4760/2010, decided on 31.01.2014 and Hansraj Meena Vs. State & Ors.: S.B. Civil Writ Petition No.4398/2011, decided on 14.07.2014 .
“1. Heard the learned counsel for the parties. 2. The petitioner has approached this court being aggrieved of rejection of his candidature on account of Degree of B.Ed. acquired from Fakruddin Ali Ahmad Teacher Training College, Bargali Tola, Laharia Sarai, Darbhanga, (Bihar); not being a valid qualification as per Rules and Regulations of the National Council for Teacher Education.
“After considering the records available in the file, and relevant provisions of the NCTE Act 1993, Rules, Regulations and guidelines issued by NCTE Hqrs. letter dated 14.12.2012, the Committee discussed the matter in detail and decided as under.
After studying the decisions of Hon'ble High Court of Patna carefully in the light of NCTE Regulations 2009 and have gone through the previous decisions of ERC, the Committee decided that Certificates of B.Ed. Degree obtained by the student of Fakruddin Ali Ahmad Teacher Training College during the academic session 1995-96 to 1998-99 be declared valid and information in this regard be sent to all concerned”.
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4.As per the above decision, it has been decided by Eastern Regional Committee, that Certificates of B.Ed. Degree, acquired by the students from Fakruddin Ali Ahmad Teacher Training College during the academic session 1995-96 to 1998-99, are declared valid.
5.The learned counsel for the parties do not dispute these facts, including the fact that in the light of the order dated 02.01.2013; the petitioner in the instant writ application, holds a valid Certificate of B.Ed. Degree, obtained from Fakruddin Ali Ahmad Teachers Training College, during the academic session 1995-96 to 1998-99. 6.This Court while issuing the notices of the writ application on 10.02.2010 granted an interim order, which reads thus:-
“Counsel submits that the petitioner did his B.Ed from Fakruddin Ali Ahmed Teachers Training College, Bangali Tola, Lehariya Saray, Darbhanga which is affiliated to L.N. Mithla University, Bihar in the academic session 1996-97 and the retrospective cancellation of affiliation of the institution was examined by the High Court of Patna and vide judgment dated 28/03/2008 retrospective cancellation of affiliation was set aside. Counsel further submits that in view of the judgment of Patna High Court, referred to supra, petitioner's services could not have been
terminated by the respondents vide order Anx.12 dated 06/01/2010. Admit. Issue notice.
In the meanwhile, operation of the order impugned Annex-12 dated 06/01/2010 shall remain stayed till further orders and the respondents are directed to allow the petitioner to work on the post held by him prior thereto.”
as well as the judgments ibid , I am of the view that the case of
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the petitioner herein is squarely covered by the aforesaid judgments, as the petitioners therein were similarly situated to the petitioner herein, having got the B.Ed. Degree from the same college / university.
(ARUN MONGA),J
259-Sumit/-
Whether fit for reporting or not : Yes / No
2 issues framed by the court
Whether the B.Ed. Degree obtained from Fakruddin Ali Ahmad Teacher Training College is valid?
Whether the termination of services based on the alleged invalidity of the degree is legal?
Colour shows how this judgement treated each authority
Chhaju Ram Verma Vs. State of Rajasthan & Ors.Relied on¶19
Chhaju Ram Verma Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.697/2010, decided on 31.01.2014
Jhabar Singh Vs. State of Rajasthan & Ors.Relied on¶19
Jhabar Singh Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.4760/2010, decided on 31.01.2014
Hansraj Meena Vs. State & Ors.Relied on¶19
Hansraj Meena Vs. State & Ors.: S.B. Civil Writ Petition No.4398/2011, decided on 14.07.2014
Pratap Ola
State Of Raj. And Ors.
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
