Dhaneshwar Patidar And Ors vs State Of Rajasthan And Ors

(1) The petitioners applied for the post of Physical Training Instructor, pursuant to advertisement dated 04.05.2018.

(2) The advertisement required a candidate to possess Graduation in Physical Education. It will be apt to reproduce the relevant clause of the advertisement, which reads thus:-

"राष्टृय अध्यापक शिक्षा परिषद द्वारा मान्यता प्राप्त शारीरिक शिक्षा में स्नातक ;बी.पी.एड.द्ध या शारीरिक शिक्षा में प्रमाण पत्र ;सी.पी.एड.द्ध या शारीरिक शिक्षा में डिप्लोमा (डी.पी.एड.)"

(3) The petitioners furnished their application forms in July, 2018 and in support of their educational qualification, they claimed to be possessed of Three Years' Bachelor's Degree in Physical Education from Nagpur University.

(4) As per the terms of the advertisement, the petitioners were required to undergo written examination. Such examinations were held on 30.09.2018 and all the petitioners cleared the same and were called for document verification.

(5) Before the date of document verification, the petitioners acquired two years' degree in Physical Education.

(6) During the document verification, petitioners produced their Three Years' Degree Certificate in Physical Education and also produced mark-sheet dated 04.07.2018 issued by Veerbahadur Singh Purvanchal University, Jaunpur, U.P.

(7) The petitioners' candidatures were rejected by the respondent Selection Board for the following reason:-

"B.P.E. Three Year Course not valid"

(8) Learned counsel for the petitioners argued that the action of the respondents in rejecting petitioners' candidatures on account of the fact that petitioners' Bachelor's Degrees in Physical Education of three years are not valid, is not sustainable. He argued that the advertisement simply stipulated that a candidate must have Degree in Physical Education, without indicating as to whether the degree should be of three years or two years.

(9) In alternative, a submission was made by the learned counsel for the petitioners that before the document verification, the petitioners had completed Two Years' Course of Physical Education in July, 2018, much before the date of written examination; the petitioners produced the same during document verification but the same were not considered by the respondents during the course of document verification, as their particulars were not furnished in the application form.

(10) Mr. Sanadhya, learned counsel for the Selection Board, responding to petitioners' first argument, submitted that the NCTE does not recognize Three Years Degree in Bachelor of Physical Education, which a candidate has secured after Higher Secondary/ Senior Secondary. According to him, a candidate must have to be a graduate and possess a Bachelor's Degree in Physical Education; whereas petitioners do not possess a Bachelor's Degree and as such not entitled to be considered for the post of Physical Training Instructor.

(11) Mr. Vinit Sanadhya, learned counsel for the Selection Board, submitted that this issue has already been decided by a Division Bench of this Court in the case of Ganesh Narayan Mali & Ors. Vs. State of Rajasthan & Ors. : SBCWP No.15721/2015, decided on 07.01.2016, and is no more res integra.

(12) So far as petitioners' alternative submission is concerned, Mr. Sanadhya could not justify the refusal of petitioners' request for consideration of their mark-sheets of Two Years' Course in Physical Education, obtained in July, 2018. He, however, submitted that in case, this Court feels that petitioners' subsequent two years' course is required to be reckoned, a liberty be granted to the respondent Board to ascertain the veracity of the course/mark-sheets, so procured by the petitioners.

(13) In the facts of the present case, this Court is persuaded to accept petitioners' alternative prayer inasmuch as petitioners have acquired Two Years' Bachelor's Degree in Physical Education in July, 2018, prior to the date of written examination. According to this Court, petitioners were justified in indicating their three years' degrees, as on the date of submitting application forms (May, 2018), petitioners were pursuing two years' course with the University at Jaunpur, U.P.

(14) However, since the petitioners were able to complete two years' course in July, 2018, before the date of written examination, this Court is of the considered opinion that the petitioners' subsequent degrees of two years are required to be considered for their candidatures.

(15) Petitioners are possessing requisite educational qualification; they were in second year of their Two Years' Course when the forms were filled and completed the course before the date of written examination. They cannot be non-suited simply because they did not indicate in their application form that they are pursuing Two Years' Course.

(16) Petitioners are entitled to such indulgence, as the advertisement nowhere states that Three Years' Bachelor's Degree in Physical Education will not be considered and only Two Years' Degree will be considered valid. Had the respondents mentioned this proposition, they would have disclosed the factum of pursuing Two Years' Course.

(17) The petitions therefore succeed.

(18) The respondents are directed to consider petitioners' case for appointment. The petitioners shall appear before the Secretary, Selection Board at 11.00 a.m. on 18.02.2020 along with their documents for verification. The Secretary will procure original mark-sheets of the petitioners, issued by Veerbahadur Singh Purvanchal University, Jaunpur, U.P. and ascertain genuineness/veracity so also their otherwise legality.

(19) In case petitioners' Two Years' B.P.Ed. Course from Veerbahadur Singh Purvanchal University, Jaunpur, U.P. is found in order, the petitioners shall be given appointment forthwith.

(20) Needful be done on or before 30.04.2020.

(21) The stay applications also stand disposed of accordingly.