NEMA RAM JAKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these petitions have been filed for quashing the advertisement dated 20.4.2000 as it provided for 100% reservation for female candidates and giving preference to candidates on the basis of residence for appointment of "Shiksha Sahyogi" in Rajiv Gandhi Swaran Jayanti Pathshala and further to direct the respondents to advertise vacancies afresh calling applications from all eligible candidates.

(2.) THE facts and circumstances giving rise to these cases are that vide advertisement dated 20.4.2000, respondent No.2, the Director, Primary Education, invited applications only from female candidates for being appointed as Shiksha Sahyogi in primary and upper primary schools under the aforesaid Scheme. THE said advertisement also stipulated for preference on the basis of residence clarifying that a candidate coming from outside the Gram Panchayat shall not be appointed. Hence these petitioners challenging the advertisement itself on various grounds.

(3.) MORESO, there can be no dispute on facts that the posts have been advertised in local news-paper having wide circulation and the condition of being a local resident has been withdrawn. So far as the issue of reservation in favour of female candidates is concerned, it has been submitted by the learned Advocate General that it is not a post in strict legal sense of service jurisprudence. MORESO, Article 15(3) of the Constitution empowers the State Government to frame a policy providing for such guidelines/reservation. The appointment etc. are not governed by any statutory rules, it is a project to attract the children towards basic education and in order to remove the apprehensions in the mind of orthodox parents in the rural areas as they did not send their daughters to the institutions unless there is a female teacher, such a course is necessary. Thus, Mr. S.M. Mehta, learned Advocate General stated that altogether 11,847 posts of "Shiksha Sahayogi" have been filled up. Even if 20% reservation is given to the women "Shiksha Sahayogis." But in the entire State their total number comes to 898 i.e. about 7%. So it is in the aforesaid backdrop that 100% of these posts had been provided in favour of the women candidates. Shri Mehta has further submitted that State cannot in any circumstance escape from the liability of basic education of the children which has been declared to be a fundamental right by the Hon'ble Supreme Court in Unni Krishnan J.P. vs. State of Andhra & ors. Pradesh (8). MORESO, he agreed that children must be given education only by the competent trained persons.