SUMER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 22. 10. 99 with a prayer that the respondents No. 1 (Secretary, Gramin Vikas and Panchayati Raj Department, Jaipur) and 2 (Chief Executive Officer, Zila Parishad, Barmer) be directed to give appointment to the petitioner on the post of Teacher Grade III from the date the respondent No. 3 (Rajesh Kumar Sharma) and other like persons were appointed with all consequential benefits.

(2.) THE facts of the case as put forward by the petitioner are as under : (i) That the petitioner passed his Secondary examination from the Board of Secondary Examination in the year 1987 and secured 42. 125% marks. In the year 1988, the petitioner passed higher Secondary examinations with 44. 5% marks. (ii) That the petitioner passed B. A. examination in the year 1991-92 from the Board of External Examination, Osmania University which was recognized degree by the Government of Rajasthan at that time. (iii) That thereafter the petitioner obtained B. Ed. degree from Kota Open University, Rajasthan in the year 1996. (iv) That the respondent No. 2 (Chief Executive Officer, Zila Parishad, Barmer) issued a notification dtd. 15. 6. 98 (Annex. 5) inviting application for recruitment to the post of Teacher Grade III in the various schools of Panchayat Samitis of Barmer District. As per the notification dtd. 15. 6. 98 (Annex. 5), following qualification were necessary for recruitment to the post of Teacher Grade III. 1. Having passed from the Board of Secondary Education, Rajasthan, Ajmer Higher Secondary as per old Scheme or Senior Secondary as per new Scheme of 10+2. 2. B. S. T. C. Course. (v) That in pursuance of notification dtd. 15. 6. 98 (Annex. 5), the petitioner applied for recruitment to the post of Teacher Grade III. (vi) That the respondents prepared a merit list of 544 candidates (Annex. 6) in which the petitioner stood at serial No. 512 as he secured 72. 163% marks. Out of this merit list (Annex. 6) initially 469 candidates were given appointment on the post of Teacher Grade III and the candidates who stood in the merit from serial No. 470 to 544 were kept in waiting list. (vii) That further case of the petitioner is that the respondent No. 2 (Chief Executive Officer, Zila Parishad, Barmer) gave appointment to all the candidates who stood in the merit, but denied appointment to the petitioner. A copy of appointment order dtd. 13. 9. 99 is marked as Annex. 7. (viii) Further case of the petitioner is that no reasons have been assigned for not giving appointment to the petitioner despite the fact that the candidate below him in the merit list i. e. the respondent No. 3 (Rajesh Kumar Sharma) who stood at serial No. 513 was given appointment. Hence, this writ petition with the abovementioned prayer.

(3.) THERE is also no dispute on the point that the petitioner obtained B. A. degree from Osmania University through Annex. 3 in the year 1992 in one year.