MOHANI KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) VIDE judgment dated 26. 7. 2000 (annexure-4) the academic qualification prescribed for recruitment to the post of Lady Shiksha Sahayogi had been prescribed as Senior Secondary/higher Secondary/equivalent with the 18 years minimum age. The application was submitted on plain paper/application giving bio-data. The selection was by the concerned Gram Panchayat. The petitioner had applied as one of the candidate. It is reiterated vide annex. 5 that the selection is to be made as per advertisement. The petitioner was selected. As per annex. 4 it has also been mentioned that if suitable candidate possessing qualification is not available in that situation even 8th pass candidate can be considered. VIDE annex. 6 further instructions have been issued on 30. 4. 2001 mentioning therein that the academic qualification would be Senior Secondary (academic) or equivalent.

(2.) THE petitioner submits that she has passed Senior Secondary vocational and had applied as per annex. 4. But now vide annex. 6 Senior Secondary (academic) has been prescribed as qualification with Hindi, English and Mathematic as compulsory subjects. THE petitioner has passed an the subjects ofhindi, Sanskrit and English. Vide orders 22. 5. 2001 (ann. 10) and 2. 4. 2001 (ann. 11) a rider has been put to the effect that those persons who have passed senior Secondary (academic) are entitled for the post of para teacher and those persons who have passed Senior Secondary vocational and have passed brige course academic they are entitled for the post of para teacher. THE petitioner is aggrieved against such action.

(3.) IT has been noticed that number of writ petitions have been filed in regard to recruitment of Shiksha Sahayogi/para teachers and implied discretion has been left with the Panchayat to recruit the candidates at the spot. Even the candidates with middle pass qualification have been permitted to apply, if no other qualified candidate is available. The process of selection is still uncertain, resulting in multiple litigations by the candidates, who are not selected even though were meritorious or meritorious on other analogus grounds. IT is high time that the state if wants to continue the institution of Rajiv Gandhi Pathshala programme on permanenet basis, should have the rule of recruitment and other service conditions centralised and firm instructions should be issued, which may be made equally applicable to all candidates in State of Rajasthan.