HANUMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents on 18. 11. 98 with a prayer that by an appropriate writ, order or direction, the respondent be directed to consider the petitioner's candidature for appointment on the post of Teacher Grade III in pursuance of advertisement dtd. 24. 4. 97 (Annex. 1) with all consequential benefits.

(2.) THE facts of the case as put forward by the petitioner are as under:- i) That the respondent No. 3 (Dist. Education Officer (Boys), Pali) published and advertisement dtd. 24. 4. 97 (Annex. 1) for certain posts of Teacher Grade III. ii) Further case of the petitioners is that the petitioner belong to Other Backward Class which is evident from the certificate (Annex. 2 and 3 ). iii) That the petitioner No. 1 passed his Secondary School Examination in the year 1998 from the Board of Secondary Education, Rajasthan, Ajmer. A copy of the mark-sheet of Secondary Examination is marked as Annex. 4. THE petitioner No. 1 thereafter passed his Senior Higher Secondary examination in the year 1991 from the Board of Secondary Education. A copy of marksheet of Sr. Higher Secondary Education is marked as Annex. 5. the petitioner No. 1 therefore passed his B. A. examination from the Maharishi Dayanand Saraswati University, Ajmer. A copy of mark-sheet of B. A. examination is marked as Annex. 6. THE petitioner No. 1 thereafter obtained the degree of B. Ed. from Barkatullah Vishwa Vidhyalaya, Bhopal. A copy of mark-sheet of B. Ed. is marked as Annex. 7. iv) THE petitioners No. 2 after passing the Sr. Higher Secondary examination obtained the degree of B. A. from the University of Rajasthan in the year 1987. A copy of mark-sheet of B. A. examination is marked as Annex. 8. THEreafter the petitioner No. 2 passed B. Ed. (Correspondence) examination from Barkatullah Vishwa Vidhyalaya, Bhopal in the year 1995-96. A copy of marksheet of B. Ed. is marked as Annex. 9. vi) Further case of the petitioners is that they submitted their applications forms in pursuance of advertisement dtd. 24. 4. 97 (Annex. 1) to the office of respondent No. 3 (Dist. Education Officer (Boys), Pali) and the petitioners were interviewed for the post of Teacher Grade III on 15. 5. 97. vii) Further case of the petitioners is that the petitioners are possessing the higher qualification than the minimum required. However, the petitioners had completed B. Ed. Correspondence course from Barkatullah Vishwa Vidhyalaya, Bhopal and obtained B. Ed. degree from Barkatullah Vishwa Vidhyalaya, Bhopal. viii) Further case of the petitioners is that no marks were assigned to the interview, but during interview the original testimonials of the candidates were verified, which was done in respect of the petitioners also on 15. 5. 97. ix) Further case of the petitioners is that according to the policy of selection on the post of Teacher Grade III, the petitioner No. 1 was supposed to get 66. 20% marks while the petitioner No. 2 was supposed to get 67. 77% marks for the purpose of selection and appointment on the post of Teacher Grade III. x) Further case of the petitioners is that the last candidate in OBC category who was appointed by the respondents in pursuance of advertisement dtd. 24. 4. 97 (Annex. 1) on the post of Teacher Grade III had only 66. 10% marks. Thus, less meritorious persons than the petitioners had been considered and had been appointed on the post of Teacher Grade III ignoring the petitioners. xi) Further case of the petitioners is that on enquiry, the petitioners were told by the respondents that since they had obtained degree of B. Ed. from Barkuttalla Vishwa Vidhyalaya, Bhopal and recognition of that was under consideration, therefore, appointment was not offered to them. Hence, this writ petition with the abovementioned prayer.

(3.) THERE is also no dispute on the fact that the writ petition was filed on 18. 11. 98 and the vacancies advertised vide advertisement dtd. 24. 4. 97 (Annex. 1) lapsed on 1. 4. 98.