- 1 - SBCWP No.2977/99 S.B.CIVIL WRIT PETITION NO.2977/1999 (Priyanka Tak vs. State & Ors.) Date of Order : 24/4/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.D.K.Parihar, for the petitioner. Mr.Shyam Ladrecha, Dy.Government Counsel. The present writ petition was earlier decided vide judgment dated 23/11/2000 by the learned Single Judge of this Court and following order was passed:- “Even otherwise, the institution, from which petitioner had obtained the requisite qualification had provisionally been recognised as is evident from Annex.3. As one post had been kept vacant and petitioner's name in select list is at serial no.1 she be offered appointment within a period of four weeks from the date of receipt of certified copy of this order. Petitioner shall be entitled for all notional benefits from the date junior to her had been appointed but she will not get the monetary benefits. No order as to costs.” The above judgment was challenged by way of special appeal before the Division Bench. The Division Bench vide its judgment dated 6/3/2003 while setting aside the order dated - 2 - SBCWP No.2977/99 23/11/2000 remitted the case to the learned Single Judge for fresh decision and liberty was granted to the counsel for the parties to raise their contentions. Today, this matter is listed for fresh hearing. In this case petitioner is seeking direction to the respondents to give her appointment on the post of Physical Instructor Gr. II. The main contention of the learned counsel for the petitioner is that NCTE granted recognition to the Institution from where the petitioner obtained B.P.Ed degree vide order No.WPC/5-6/96/4621 Dated 28/8/1998 and, therefore, the petitioner was wrongly denied appointment on the post of Physical Instructor Gr.II. The petitioner is possessing B.A and B.P.Ed. Degree from Nagpur University and National Council For Teachers' Education has recognized the degree of B.P.Ed given by the University of Nagpur, which is a University established by law. The learned counsel for the petitioner submitted that similar controversy has been decided by the Division Bench of this Court in case of Ummed Ali vs. State of Rajasthan (D.B.Civil Writ Petition No.2887/1999 decided on 18/3/2004), in which it has been held by the Division Bench that qualification acquired by a candidate during currency of provisional recognition to the Institution is valid for all purposes. More specifically, the Division - 3 - SBCWP No.2977/99 Bench in Ummed Ali's case (supra) held that : “The combined effect of reading of these provisions leads us to conclude that the Jyotiba college of Physical Education, Hingana Road, Nagpur, where the petitioner was trained for physical education, was provisionally recognized upto the academic session 1998-99. The degree for physical education granted to the petitioner in the year 1997-98 to a trainee in that institute cannot be ignored for the purpose of considering requisite eligibility for giving appointment to the post of Physical Training Instructor.” While holding as above, the Division Bench has passed the order,which reads as under: “In view of the above, the writ petition is allowed. The impugned order terminating the services of the petitioner w.e.f. 15/5/1999 is quashed and it is declared that the petitioner continued in service in pursuance of his regular selection made in pursuance of the advertisement issued by the District Education Officer, Churu in 1998. The petitioner shall be reinstated within a period of 15 days. The petitioner shall also be entitled to all consequential benefits, which shall be given to him within a period of three months from the date of service of writ or submission of - 4 - SBCWP No.2977/99 certified copy of the order, whichever is earlier. No costs.” In this case also the petitioner acquired B.P.Ed degree from Nagpur University in the year 1998 and upto 1998-99 the provisional recognition was in existence, which is evidence from Ex.3. In this view of the matter, while following the decision rendered by Division Bench in Ummed Ali's case (supra), this writ petition is allowed. Respondents are directed to consider the case of petitioner for appointment on the post of Physical Instructor Gr.II while treating the petitioner qualified from the date persons less meritorious than petitioner were provided appointment. Respondents shall also grant all benefits to the petitioner from the date when persons less meritorious than petitioner were provided appointment, however petitioner will be entitled for back wages w.e.f. the date of this judgment. The compliance of this order shall be made within a period of two months from the date of submission of certified copy of this order. (GOPAL KRISHAN VAYS), J. pankaj baweja