(1.) The facts giving rise to the instant special appeal are that the appellant on being selected was appointed on the post of Senior Teacher Grade-11 by the Deputy Director (Female), Jodhpur by order dated 27.8.1997. However, because of certain family problems, she could not take up the appointment. Subsequently, in response to the notification issued by the second respondent for the post of Senior. Teacher Grade it in various subjects including English for the session 1988-99, the appellant again applied. Her candidature was rejected on the ground that she did not possess requisite qualification, inasmuch as, that the mark-sheet of third year disclosed that she had studied only one subject i.e., English. She did not study any other subject for the final year. As per the advertisement, a candidate was required to possess a Bachelors Degree with English Literature as one of the optional subjects.
(2.) The learned Single Judge dismissed the writ petition having recorded the finding in para 6 which reads as follows:-
(3.) The learned counsel has invited our attention to the mark-sheets of all the three years. The mark-sheet of First B.A. Examination held in April, 1992 shows that she had offered English, Hindi and Psychology as optional subjects. The mark-sheet of Second B.A. Examination held in May, 1993 again shows that she had offered English, Hindi and Psychology as optional subjects. The mark-sheet Of Third B.A. (Special) Degree Examination held in April, 1994 shows that she had studied English as special subject. Annexure- 1 shows that she has been awarded B.A. Degree from the Gujarat University in first division with English as special subject