SBCWP NO.5185/08. SBCWP NO.5186/08. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R 1) S.B. CIVIL WRIT PETITION NO.5185/2008. Smt.Kirti Sharma Versus State of Rajasthan & Ors. 2) S.B. CIVIL WRIT PETITION NO.5186/2008. Smt.Manisha Sharma Versus State of Rajasthan & Ors. Date of Order:- May 10, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anand Sharma for the petitioners. Shri Ganesh Meena, Government Counsel. Shri S.N. Kumawat, Additional Advocate General for RPSC. ***** BY THE COURT:- Contention of the learned counsel for petitioners is that petitioners were selected for appointment on the post of Teacher Gr.III but despite their having qualification of B.Ed. & M.A., the Government has withheld their appointment on the ground that they did not acquire the Mahavidushi Examination Certificate from Mahila Gram Vidhyapeeth, Allahabad. Learned counsel for petitioners has cited the judgment SBCWP NO.5185/08. SBCWP NO.5186/08. 2 of this Court passed in Smt.Mamtesh Bhardwaj Vs. State of Rajasthan (SBCWP No.4124/2006) decided on 21/2/2007. 2) Shri Ganesh Meena, learned Government Counsel appearing for the State submits that qualification of Mahavidushi Examination Certificate has not been considered equivalent to Higher Secondary / Senior Secondary by the State Government and therefore petitioners could not be considered eligible for such post. 3) Shri S.N. Kumawat, learned Additional Advocate General appearing for the Rajasthan Public Service Commission has argued that petitioners are still be selected by the RPSC for appointment on the post of Teacher Gr.III and their cases were recommended for appointment and now it is upon the Government to consider their cases on the qualification of Mahavidushi Examination Certificate. 4) Having heard learned counsel for parties, perused the material available on record and after close scrutiny of the judgment passed by this Court dated 21/2/2007 passed in the case of Smt.Mamtesh Bhardwaj supra in which, the view has been taken by this Court that the said qualification having been considered SBCWP NO.5185/08. SBCWP NO.5186/08. 3 equivalent to pre-University qualification and on which qualification, the said candidate was allowed to acquire qualification of Graduation, I find that case of the present petitioners cannot be distinguished from that of Smt.Mamtesh Bhardwaj supra because here in the present case, petitioners have acquired not only the qualification of Graduation of B.Ed. but also the higher qualification of Post Graduation of M.A. 5) In the result, both the writ petitions are allowed. Respondents are directed to give appointment to the petitioners from the date candidates below merit than both the petitioner were considered. 6) Compliance of the judgment shall be made within a period of three months from the date copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil