KARTAR SINGH Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) THE petitioner, in pursuance to an advertisement dated 4 th June, 2006 inviting applications for the post of Art/Drawing Teachers in the department of the respondent no.1 had so applied under the reserved category. THE petitioner relied upon a Scheduled Caste Certificate issued by the State of Rajasthan. THE petitioner appeared in the competitive examination held for the said purpose but in the result declared on 2 nd September, 2007 the name of the petitioner did not find mention in the list THE petitioner on 5 th August, 2008 of successful/selected candidates. applied under the Right to Information Act and in response thereto learnt that though the marks secured by him were more than the marks of the last selected candidate in the reserved category but the petitioner was not selected owing to not having the requisite qualification. THE petitioner contending that Directorate of College Education, Government of Rajasthan from where he had obtained a five year diploma, was amongst the list of recognized institutes, on or about 23rd September, 2009 filed this writ petition seeking mandamus to the respondents to declare the petitioner as successful in the competitive examination and to appoint the petitioner to the post of TGT Drawing Teacher in the respondent no.1. Notice of the writ petition was issued and pleadings have been completed.

(2.) THE counsel for the petitioner has drawn attention to the order dated 22nd September, 2009 in W.P.(C) No.383/2009 titled Sohan Ram Vs. Directorate of Education where also the question for consideration was whether the diploma in Art/Drawing from the Directorate of College Education, Government of Rajasthan, is amongst the courses recognized for appointment in the department of the respondent no.1. THE respondent GNCTD in that case was directed to consider the petitioner therein for appointment as an Art Teacher without insisting upon the Institute from which the petitioner therein had qualified being duly recognized. THE counsel for the petitioner thus contends that the petitioner is also entitled to the same relief.

(3.) THE counsel for the petitioner contends that the reason of his having not furnished the requisite certificate of belonging to the reserved category in which he had applied, was not raised by the respondents. He however admits that he had applied along with the certificate issued by the Government of Rajasthan.