MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) According to learned counsel for the petitioner, a clarification was also issued by the State Government in response to the letter of the Chief Executive Officer, Zila Parishad, Banswara dated 27th July, 1998. By this clarification dated 9th August, 1998, it was conveyed to the Zila Parishad, Banswara that as per the notification dated 11th March, 1998 it applies to the posts which are having the Grade from S.No. 1 to 7 and it has no application to the post of Teacher Grade-III, which false in the category-9 of the salary structure. According to learned counsel for the petitioner, the action of the respondents is absolutely illegal.

(3.) Learned counsel for the respondents submitted that, in fact, the notification dated 11th March, 1998 was issued to supplement the earlier notification dated 22nd March, 1995 and notification dated 7th Nov., 1996. In the notification of the year 1995, the posts of teachers were already included whereby reservation has been made upto 45% for the member of the Scheduled Tribe and 5% for the member of Scheduled Caste. Therefore, the petitioner was not entitled to be included in the select list. Though, the copy of notification of the year 1995 has not been placed on record, but it has been shown in court today.