SAMARATH MAL KUMHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners, who belong to OBC category of Tribal Sub Plan ('TSP') Area seeking to question the validity of Clause 9.4 of the advertisement dtd. 31/7/2018 for the recruitment on the post of Teacher Grade-III Level-1 and Level-2 in different subjects, whereby they have not been accorded relaxation in minimum qualifying marks required for appointment on the said post.

(2.) It is, inter alia, indicated in the writ petitions that the subject recruitment is governed by provisions of the Rajasthan Panchayati Raj Act, 1994 ('the Act of 1994') and Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996'). The qualifications for the post of Teacher Grade-III Level 1 and 2, have been indicated in Rule 266 of the Rules of 1996, which, inter alia, provides the qualification as laid down by the National Council for Teacher Education ('NCTE') under the provisions of Sec. 23(1) of the Right to Children to Free and Compulsory Education Act, 2009 ('the Act of 2009') from time to time.

(3.) It is indicated that NCTE has prescribed minimum qualifications for a person to be eligible for appointment as a Teacher vide notification dtd. 23/8/2010, which came to be amended by notification dtd. 29/7/2011. It is claimed that the notification dtd. 29/7/2021 provides relaxation upto 5% in the qualification marks to the candidates belonging to reserved categories such as SC/ST/OBC/PH.