STATE OF RAJASTHAN Vs. BANWARI LAL UPADHYAYA

JUDGEMENT

(1.) THIS writ appeal is preferred by the State of Rajasthan against the order dated 29. 04. 1998 passed by the learned Single Judge in S. B. Civil Writ Petition No. 937/1997. The learned Single Judge on a consideration of the question of fact and law decided the matter, allowed the writ petition and issued directions to the respondents therein to consider the candidature of the petitioner for the recruitment to the post of General Teacher Gr. III in response to the advertisement No. 1/96 and consider him for appointment as per his own merit basis.

(2.) IT is represented by the learned counsel for the respondent herein that pursuant to the above order, the respondent Banwari Lal Upadhyaya was appointed on 19. 12. 98 and he joined the services on 23. 12. 98. The writ appeal was filed on 1. 7. 98. The matter was adjourned on several occasions at the request of both sides and the appeal is yet to be admitted. During the course of hearing, the learned counsel for the respondent has also placed before us a D. B. Judgment of this Court in the case of State of Rajasthan vs. Smt. Vimla Doongarwal (1 ). In the case of Vimla Doongarwal, the Division Bench has considered imposition of a condition that unless a candidate has passed the secondary examination with maths, he is not eligible for appointment and that in that case appointment was refused on the ground that the petitioner in that case was not a higher secondary with maths. The Division Bench after considering the relevant rules, relating to appointment to teachers Gr. III, which provide the academic qualification of Secondary School Examination passed or any other examination recognised equivalent thereto by the State Government. The rule does not provide any other additional qualification or the qualification that a candidate has to pass the Secondary Examination with particular subject (s ). The Bench was of the view that the Govt. cannot provide any additional qualification that the Secondary Examination has to be passed by the candidate with particular subjects. As pointed out by the learned counsel for the respondent, no additional qualification is prescribed in this case and therefore, when there is no specific rule, then no additional qualification can be provided by an administrative order. In our opinion, extra qualification cannot be added beyond the rules by the department by any circular and that the restriction imposed by the department that unless a candidate has passed the secondary examination with maths by an administrative order, is, therefore, unsustainable. The learned Single Judge in our opinion, was justified in allowing the writ petition filed by the respondent-herein placing reliance on the above cited judgment.