1 S.B. CIVIL WRIT PETITION NO.4101/2007 Mahendra Vs. State of Raj. & Ors. DATE OF ORDER : 7.10.2009 HON'BLE MR. GOVIND MATHUR, J. Mr. Pradeep Shah, for the petitioner. By the order dated 27.6.2007, the Chief Medical and Health Officer, Pali instructed the petitioner to produce mark- sheet of Bridge Course, failing which his selection under General Nurse Midwife shall stand cancelled. Being aggrieved by the same, this petition for writ is preferred with the contention that the qualification possessed by the petitioner i.e. Senior Secondary (Vocational) is equivalent to regular academic Secondary School Examination in view of Division Bench judgment of this Court in the case of Panna Lal Joshi Vs. State of Rajasthan and Ors., reported in 2006(6) RDD 3458 (Raj.), Ramraj Tada Vs. State and Ors. (SBCWP No.4005/2008) decided on 08.08.2008. In the case of Ramraj Tada, this Court held as under :- “In the facts of instant case, this Court is of the opinion that since NCTE alone holds competence and in absence of guidelines or directives from NCTE, decision impugned 2 taken by respondents in denying consideration to such candidates holding Senior Secondary (Voc.) as ineligible in no manner can be said to be in consonance with existing Scheme of Rules, 1996 particularly in terms of amendment dt.28/06/06 and such action of the respondent deserves to be set aside. Consequently, all the petitions succeed and are hereby allowed. The decision taken by respondents holding petitioners ineligible on the premise in their qualification of Senior Secondary (Vocational) without Bridge Course, is hereby quashed and set aside. Respondents are directed to consider petitioners who hold qualification of Senior Secondary (Vocational) as eligible for the post of Primary / Upper Primary School Teachers and consider their candidatures for appointment based on their participation having taken place in pursuance of advertisement dated 30.10.2006 and if their names find place in order of merit in respective category, they may be considered and if found suitable, be appointed, however, they will be entitled for seniority, notional fixation etc., and all other service benefits but will not be entitled for salary for the intervening period during which they did not actually work. 3 In the instant matter also, the respondents are making appointment to the post of Prabodhak i.e. a post relating to teaching and while making appointments to the post aforesaid, the respondents are required to adhere the norms prescribed by National Council of Teachers Education.” I have gone through the record of the case and also the judgment referred by the learned counsel for the petitioner. In the case of Panna Lal Joshi and Ramraj Tada (supra), this Court in quite unambiguous terms held that the qualification of Senior Secondary (vocational) is a qualification equivalent to the Secondary School Examination Certificate (academic). In view of law laid down in the case referred above, the order impugned dated 27.6.2007 to instruct the petitioner to submit Bridge Course mark-sheet is apparently bad. Accordingly, this petition for writ is allowed. The instructions given under the communication dated 27.6.2007 passed by the Chief Medical and Health Officer, Jalore is declared illegal. The petitioner is declared eligible to hold the post of General Nurse Midwife, as such, his selection is made absolute. No costs. (GOVIND MATHUR)J. rm/