RENU BALA Vs. R S P C

JUDGEMENT

(1.) The application for early listing of the writ petition is allowed. With the consent of the parties, writ petition is heard finally. By this writ petition, following prayers have been made.

(2.) It is a case where applications were called by the Rajasthan Public Service Commission (for short 'the Commission') for appointment to the post of School Lecturer (Home Science). Petitioner along with other candidates submitted their applications. They were called for selection followed by declaration of result. So far as petitioner is concerned, she was placed at No. 1 in the reserve list, whereas, respondent No. 3-Ms. Sughandha was declared as selected. Grievance of the petitioner is that in spite of availability of eligible candidates with required qualification, ineligible candidates have been considered and given appointment, therefore, not only petitioner should be placed in the main list in the aforesaid background but further prayer is to remove name of respondent No. 3 from the list of selected candidates. To advance and support the arguments, reference of the Rajasthan Educational Subordinate Service Rules, 1971 have been made, more specifically, the Schedule appended thereto showing required qualification for the post in reference.

(3.) The rule provides minimum qualification and experience for direct recruitment is second class Post Graduate in the relevant subject with degree or diploma in Education recognised by the government or Post Graduate in the relevant subject with five years' experience of teaching in a recognised institution of or above the standard of secondary school. A Note is appended below aforesaid qualification which provides that if persons with required qualification are not available then the person with qualification as mentioned in the Note can be considered for appointment. Accordingly, the note should be considered to be an exception to the main rule and can be applied in case persons with required qualification as prescribed in the Schedule are not available. Meaning thereby, Note can be applied if required number of candidates are not available with the qualification as provided in the Schedule.