1 S/11 S.B. CIVIL WRIT PETITION No.8155/2007 [PURUSHOTTAM PUROHIT VS. STATE OF RAJ. & ORS.] Dated : 05.03.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.Anil Bhandari for the petitioner. Mr.J.P.Joshi for the respondent. ***** Heard learned counsel for the parties. The short controversy involved in this writ petition is otherwise covered by the judgment of the Division Bench of this Court in the Case of State of Rajasthan Vs. Bharat Kumar Sharma & Ors. D.B. Civil Special Appeal No.424/2002 decided on 19.01.2005. In the aforesaid appeal, the same issue as has been raised in the present matter was considered at length and after considering the issue, the Division Bench of this Court has came to the conclusion that Sankaracharya Abhinav Sachinand Tirth Sanskrit College, Dwarika (Gujarat) an institution affiliated to Shi Vrihad Gujarat Sanskrit Parishad, Ahmedabad was entitled to provide B.Ed degree till their application for recognition was not rejected by the NCTE and thereby those candidates who has taken education in the academic session of 1997-1998 were held to be entitled for the right of consideration based on B.Ed. degree. Similar view was thereafter taken even by the learned Single Judge in S.B. Civil Writ Petition No.4195/1999. The petitioner herein had also taken B.Ed. degree in 1997-98 hence his case is also covered by the judgment referred to aforesaid. 2 It is further contended that petitioner had submitted even necessary medical certificate showing his disability therefore, while considering the candidature of the petitioner, respondents may take into consideration the certificate so furnished by the petitioner showing his disability thus if the said certificate satisfy the requirement of disability in the particular group then necessary consideration as directed below may be made. The respondents are directed to consider the case of the petitioner for appointment on the post of Teacher Gr.III and if found suitable, necessary order of appointment may be issued, keeping in mind his merit position, within a period of two months from the date of furnishing the certified copy of this judgment. The petitioner would however, not be entitled for any past monetary benefit other than the seniority and notional benefits from the date of candidates with less merit were given such appointment. The writ petition is accordingly allowed. (MUNISHWAR NATH BHANDARI), J. mamta