1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.Civil Writ Petition No. 6497/2008 Shiv Lal Sharma Vs. State of Rajasthan and Others ......... Date of Order : 10/02/2009 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sunil Joshi, for the petitioners. Mr. R.L.Jangid, Addl. Advocate General for the respondents. BY THE COURT By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondent No.3 to call the petitioner for interview for the post of Prabodhak forthwith. I have heard learned counsel for the parties. Learned counsel for the petitioner submits that the petitioner has passed the Secondary (Open School) Examination, 2003 and thereafter he has acquired the qualification of B.A. in 2 the year 2005 as also cleared BSTC Examination, 2007. The petitioner has been denied consideration for appointment on the post of Prabodhak only on the ground that he is not possessing the qualification of Senior Secondary School Examination. A reply to the writ petition has been filed by the respondents stating there that the petitioner lacks the basic and minimum requisite qualification prescribed for appointment on the post of Prabodhak as the petitioner is not possessing the qualification of Senior Secondary and therefore, his candidature could not be considered for the post of Prabodhak. Rule 14 of the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 prescribes Academic and Professional qualification for direct recruitment to the post of Prabodhak. According to Schedule attached to the Rules of 2008, the qualification and experience for direct recruitment on the post of Prabodhak is Senior Secondary School Certificate or intermediate or its equivalent, with Diploma or Certificate in basic teachers training of a duration of not less than two years of Diploma or certificate in elementary teachers training of a duration of not less than two years, or Bachelor of Elementary Education (B.E.Ed.) or Graduation with Bachelor of Education (B.Ed.) or its equivalent and must have at least five years continuous teaching experience without any break in any recognized educational institution/ educational project. 3 Rule 266 of the Rajasthan Panchayat Raj Rules, 1996 also provides that an incumbent must possess senior secondary school certificate or intermediate or its equivalent and (ii) Diploma or certificate in elementary teachers training of a duration of not less than two years or bachelor of Elementary Education or Graduate with Bachelor of Education or its equivalent. Learned Additional Advocate General submits that this controversy came to be concluded by this Court in the case of Suja Ram Vs. State of Rajasthan and Ors. S.B.Civil Writ Petition No.5453/2007 wherein this Court while considering the provisions of Rule 266 of Rajasthan Panchayat Raj Rules, 1996 prescribing eligibility qualification for the post of Teacher Gr.III/ Primary School Teacher held that BA Foundation Course is not equivalent to Senior Secondary School Examination and equivalence, as a matter of fact, is to be decided by the Government and Government has not yet decided to hold BAP equivalent to Senior Secondary School Examination, therefore, the respondents are justified in not appointing the petitioner who do not possess the qualification of Senior Secondary School Examination Certificate on the post of Prabodhak. Learned counsel for the petitioner has failed to show that the petitioner possessed the basic requisite qualification of Senior Secondary School Certificate (10+2) or intermediate or 4 its equivalent as provided under the Rules of 2008 for appointment on the post of Prabodhak. In absence thereof, in my view, the petitioner lacks the requisite eligibility qualification and therefore, the respondents were justified in denying consideration and appointment on the post of Prabodhak to the petitioner. The writ petition is devoid of any merit and it is therefore, dismissed. (H.R.PANWAR), J. rp 5 S.B.Civil Misc. Stay Petition No.11352 /08 In S.B.Civil Writ Petition No. 6497/08 Date of Order : 10/02/2009 HON'BLE MR. H.R.PANWAR,J. Mr. Sunil Joshi, for the petitioner. Mr. R.L.Jangid, Addl. Advocate General for the respondents. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp