Jodhpur: The Rajasthan High Court has held that candidates possessing B.Ed. (General) along with a one-year Diploma in Special Education cannot be denied appointment to the post of Senior Teacher Grade-II (Special Education) merely because the recruitment advertisement referred to a two-year diploma.
Justice Kuldeep Mathur allowed petitions filed by Vijendra Vyas and Vanita Trivedi, whose candidature had been rejected during document verification on the ground that they possessed a one-year Special Education diploma instead of the two-year qualification mentioned in the recruitment advertisement.
The petitioners had applied for the Rajasthan Public Service Commission’s recruitment for Senior Teacher Grade-II (Special Education) in the TSP area pursuant to the advertisement dated March 29, 2018. After clearing the written examination, they were called for counselling and document verification. However, on February 6, 2020, their candidature was rejected due to the alleged deficiency in their educational qualification.
The candidates approached the High Court contending that their B.Ed. (General) with a one-year Professional Diploma in Special Education was recognised by the Rehabilitation Council of India (RCI). They also relied upon the Supreme Court’s decision in Manoj Kumar Sharma v. State of Rajasthan.
The High Court noted that the Supreme Court had already held that, in matters concerning qualifications for Special Education Teachers, the qualifications prescribed by the RCI are required to be followed. The apex court had also recognised B.Ed. (General) coupled with a one-year Post Graduate Professional Diploma in Special Education (PGPD-SE) as a valid qualification.
The Bench further referred to the RCI guidelines dated January 11, 2012, which prescribe B.Ed. (General) with a one-year Diploma in Special Education among the minimum qualifications for teachers at the Secondary and Senior Secondary levels.
Rejecting the respondents’ contention that the petitioners were ineligible because they did not possess a two-year diploma, the Court observed that the objection was “devoid of substance.”
Appointment Ordered Within 60 Days
Allowing the petitions, the High Court directed the authorities to treat the petitioners’ qualification as valid for the advertised posts and consider their appointment.
The authorities have been directed to appoint them within 60 days, provided they fall within the merit list of their respective categories and fulfil all other eligibility requirements.
The Court also granted them consequential seniority and pay fixation from the date similarly situated candidates were appointed.
However, the Bench clarified that the petitioners will not be entitled to back wages for the period during which they remained out of service.