VEDRAM GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have challenged the vires of Clause (iii) of second proviso Rule 11 of the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter to be referred as 'the said Rules') in the following background:-

(2.) The petitioners are Ex-servicemen. The Rajasthan Public Service Commission had advertised several posts for Senior Teachers in Government schools on 9/4/2018. As per the advertisement, the application could be filed between 10/5/2018 to 9/6/2018. Corrections in the applications made could be done between 10/6/2018 to 16/6/2018. The selection was to be made on the basis of written examination alone. In other words, there would be no oral interview but the selected candidate would be counseled before issuing the appointment orders. The date of this written examination was not published in the advertisement. It was held on 01.11.2018. The result of the written examination was published on 08.08.2019 and the counseling took place on 29.11.2019 and 02.12.2019.

(3.) Rule 11 of the said Rules pertains to academic and technical qualification and experience. Sub-Rule 1 of Rule 11 provides that a candidate for direct recruitment to the post mentioned in the schedule, shall in addition to such experience as required, possess qualification given in Column 4 of the Schedule and working knowledge of Hindi written in Devnagri script and knowledge of Rajasthani culture. Second proviso of this rule which is relevant for our purpose, reads as under:-