KAUSHAL KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) SINCE common controversy has been raised in a bunch of instant petitions, hence heard together at joint request and they are being finally disposed of at admission stage by common order.

(2.) MAIN controversy raised herein for consideration is as to whether qualification of "Varishtha Upadhayay" is one of essential academic qualifications to be possessed by the applicant for being considered for the post of Teacher Gr.III (Sanskrit) Upper Primary Section, for which selection was held by Rajasthan Public Service Commission ("PSC").

(3.) COUNSEL for petitioners further submits that even in terms of amendment notification dt.22/08/2008 Graduate with Shiksha Shastri or its equivalent (B.Ed.) is also an alternative qualification for the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section) which all the petitioners are holding; as such the decision of respondent-PSC in holding "Varishtha Upadhayay" as essential academic qualification is contrary to amendment notification dt.22/08/2008; and it has been contended that they should be held as eligible and respondent-PSC may be directed to consider them for appointment as per their placement in the order of merit for the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section). COUNSEL for petitioners further jointly submit that the petitioners on having provisionally appeared in written examination & selected, cannot be later on held to be ineligible; more so while holding higher qualification than what has been prescribed under notification dt.22/08/2008; rejection of their candidature by respondent-PSC on the premise of not holding academic qualification of Varishtha Upadhayay is without application of mind and deserves to be set aside.