STATE OF RAJASTHAN AND OTHERS Vs. SANJAY KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties. This appeal has raised a short issue.

(2.) The appellants issued an advertisement dated 13.6.1998, inviting applications from eligible candidates for the post of Teacher Grade III under Panchayati Raj institutions of District Nagaur, as per Panchayati Raj Rules, 1996. The.total posts advertised were 257.

(3.) The respondent-petitioner Sanjay Kumar also applied in pursuance of aforesaid. advertisement and in the merit list published consequent to selection exercise, he was placed at serial No. 676. However, finding that non-petitioners No. 5 and 7, who have been placed at serial Nos. 800 and 1403 respectively in the merit list, have been appointed and the respondent-petitioner has not been offered appointment; by made a representation seeking appointment. He was informed on enquiry that an order has been made by the State Government on 25.11.1999, directing the Panchayati Raj institutions to appoint those candidates who were earlier appointed on the post of Teacher on contract basis and had qualification of Vocational course. Said communication was placed on record as Annx.2. The respondent-petitioner thereupon challenged the classification, giving separate treatment to erstwhile contractual teachers who had to their credit Vocational course, in preference to persons who were found higher in order of merit than said appointees. Therefore, the S.B. Civil Writ Petition No. 1043/2000 was preferred by respondent-Sanjay Kumar.