1 29 S.B. CIVIL WRIT PETITION No. 6258/2007 [VIKAS KUMAR AGARWAL VS. THE STATE OF RAJ. & ANR.] Dated : 07.02.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.Sudhir Saruparia for the petitioner. ***** Heard learned counsel for the petitioner. By this writ petition, the petitioner has challenged the order dated 24.04.2007 wherein two separate merit lists have been prepared for appointment on the post of teacher. It has been submitted by the learned counsel for the petitioner that preparation of separate list for BSTC and B.Ed. holder is contrary to the judgment of this High Court in the case of Kailash Chander Harijan Vs. State of Raj. reported in 2006 {1} CDR 750. Referring to the said judgment learned counsel for the petitioner submits that therein also the prayer was made that a candidate holding qualification of B.Ed. should not be appointed in primary school, and separate list of B.Ed and BSTC should be prepared by the respondents. However, the prayer so made was not accepted by the Division Bench and thereby the appointments were allowed pursuant to the consolidate list of B.Ed. and BSTC holders. On the strength of said judgment, the petitioner has questioned the action of the respondent for preparing separate merit list for BSTC and B.Ed. holder. I consider the submissions made by the learned counsel for the 2 petitioner and perused the judgment of the Division Bench in the case of Kailash Chander Harijan (Supra). Perusal of the judgment of the Division Bench reveals that the selection involved therein was prior to the advertisement so issued in the present matter and referring to the judgment of the Hon'ble Apex Court, the Division Bench held that the Rule as has been effected by the NCTE was not applicable to the earlier selections, therefore, referring to the Rules, the judgment was given by the Division Bench holding that a consolidate list of B.Ed. and BSTC holder can exist, however, in the present matter the advertisement was issued by the respondents in the Year 2006 and by that time the Rules as has been made by the NCTE becomes applicable and thereby not only as per the judgment of the Hon'ble Apex Court but even in view of the judgment of the Division Bench of this High Court(Supra), the consolidate list of B.Ed. and BSTC holder cannot exist for appointment on the post of teacher because as per the judgment of the Hon'ble Apex Court, in primary school only a candidate having qualification of BSTC can be appointed. Hence as a consequence of said judgment, their cannot exist a consolidate list of the candidate having different qualification like BSTC and B.Ed. The B.Ed. holder candidates are not eligible for appointment in primary schools. In view of the above discussion, I do not find any merit in this writ petition. Hence the same is dismissed in limine. (MUNISHWAR NATH BHANDARI), J. mamta