1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 1797/2005 (Kundan Singh Rathore Vs. State of Rajasthan & Anr.) Date of Order : 09/01/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Pushpendra Singh Bhati for the petitioner. Mr. N.M.Lodha, Addl. Advocate General for the State. Mr. Rituraj on behalf of Mr. J.P.Joshi for the respondent No.2 RPSC. BY THE COURT:- By the instant writ petition, the petitioners seek a direction to the respondents to prepare a separate list for the candidates who passed the qualification of B.Ed. And BSTC for appointment on the post of Teacher Gr.III in the Primary Schools and Upper Primary School. Learned counsel for the parties submit that the controversy involved in the instant writ petition stands covered by the Division Bench decision of this Court in Kailash Chandra Harijan Vs. State of Rajasthan and 135 Ors. RLR 2006 (1) Raj. 664, wherein the Division Bench held that notwithstanding the fact that B.Ed. cannot be treated as the prescribed qualification for 2 appointment in primary section of upper primary schools, the impugned selections and appointments are saved by the Regulations. Regulation No.4 contemplates framing of recruitment rules in conformity with the qualifications prescribed in the schedules. At the same time it also allows the States time to modify the existing recruitment rules within a period of three years. In other words, the existing recruitment rules would continue to hold the field for three years from the date of coming into force of the regulations. It means the recruitment can be or could be made within this period in accordance with the existing recruitment rules. That recruitment can be made despite coming into force of the Regulations, in accordance with the existing recruitment rules, becomes further evident from the words “subsequent to the issue of these regulations” occurring in the latter part of regulation 4. Thus, on a close reading of regulation 4 we have no doubt that notwithstanding coming into force of the Regulations, the recruitment could be made in the schools in accordance with the existing recruitment rules within a period of three years. On this premise, the writ petitions filed by the petitioners therein were dismissed. In view of the statement of counsel for the parties, the instant writ petition deserves to be dismissed in terms of the Division Bench decision of this Court in Kailash Chandra Harijan Vs. State of Rajasthan and 135 Ors. (supra). 3 In the result, the writ petition stands dismissed in terms of the Division Bench decision of this Court in Kailash Chandra Harijan Vs. State of Rajasthan and 135 Ors. (supra). Stay petition also stands dismissed. There shall be no order as to costs. (H.R.PANWAR),J. rp