1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.Civil Writ Petition No. 9188/2008 Harkhu Vs. State of Rajasthan and Others ......... Date of Order : 25/02/2009 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sikandar Ali Khan, for the petitioner. Mr. Anand Purohit, Addl. Advocate General for the respondents. BY THE COURT Learned counsel for the petitioner submits that the petitioner possessed the qualification of Senior Secondary School Examination and BSTC. He applied for the post of Prabodhak and was called for interview and appeared in the interview, however, he has been denied consideration for appointment on the post of Prabodhak on the ground that BAP is not equivalent to Senior Secondary, whereas he has passed the Senior Secondary School Examination vide Annex.1. Learned counsel further submits that the petitioner is also having teaching experience as required 2 under the Rules of 2008 and therefore, seeks a direction to the respondents to consider his case for appointment on 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. Since the petitioner do not possess the Senior Secondary School Examination (10+2) and BSTC qualification therefore, the respondents were justified in denying consideration for appointment on the post of Prabodhak on the ground that the petitioner is possessing qualification of BAP. It is clear from Annex.1 and Annex.2 that petitioner possesses the qualification of Senior Secondary by correspondence from Open 3 University as also Teacher's Training by Correspondence from Open University which cannot be said to be senior secondary (10+2) and BSTC and therefore, in view of the decision of 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 and therefore, in my view, 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. The writ petition is devoid of any merit and it is therefore, dismissed. (H.R. PANWAR), J. rp 4 S.B.CIVIL MISC.STAY APPLICATION NO. 15786/2008 IN S.B.CIVIL WRIT PETITION NO.9188/2008 Date of Order : : 25.02.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. Sikandar Ali Khan, for the petitioner. Mr. Anand Purohit, Addl. Advocate General. Since the writ petition has been dismissed, the stay petition stands dismissed. (H.R. PANWAR), J. rp