Reported By: Amruta Pawar
The supreme court in the matter of Sunil Kumar Soni v/s State of Rajasthan & Ors rejected the petition that challenged the decision of the High court which had approved the termination of the petitioner as a school teacher from school since he had obtained his degree through a distance Education mode.
The petitioner was terminated from the school as a teacher within 15 days of his service as he had obtained his degree of education through a distance education mode from Jiwaji University Gwalior.
The decision was challenged before the high court which approved it then it was challenged before the division bench which again upheld the decision of the high court thus the petitioner sought relief before the Apex court.
The petitioner contended that the very same judge had passed orders in favour of other candidates who secured their degrees through distance education therefore passing different orders for different individuals is not appropriate.
The court observed the issue of eligibility of persons holding a degree through distance learning is already settled by the apex court.
The court further observed that even though the High Court had passed orders in favour of other candidates & such candidates benefited from such an order which was not in accordance with the law laid down by this court, the same principle cannot be applied by this court as there cannot be equality in the matter of illegality.
Thus in light of the above, observation dismissed the petition.