LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 5. 6. 2002 against the respondents with the prayer that by an appropriate writ, order or direction, (i) the merit list dated 24. 5. 2002 (Annex. 9) prepared by the respondent No. 4 Additional Development Officer (Elementary Education), Panchayat Samiti, Ahore (Jalore) for appointment of Para Physical Teachers in Government Upper Primary School, Rundmal-ki-dhani, Gram Panchayat Valdara in which the name of the respondent No. 7 Dilip Singh was shown at Serial No. 1 while the name of the petitioner was shown at Serial No. 2, be quashed and set aside; (ii) the impugned order dated 2. 7. 2002 (Annex. 13a) passed by the respondent No. 5 District Collector, Jalore by which the revision of the petitioner was dismissed holding inter-alia that the petitioner was not having requisite qualification for appointment as Para Physical Teacher as the PG Diploma in Physical Education of one year possessed by the petitioner was not equivalent to BPD/cpd/dpd, be quashed and set aside. (iii) the impugned order dated 27. 5. 2002 (Annex. 13) passed by respondent No. 4 Additional Development Officer (Elementary Education), Panchayat Samiti, Ahore by which the respondent No. 7 Dilip Singh was given appointment to the post of Para Physical Teacher in Government Upper Primary School, Rundmal-ki-dhani and sent for training be quashed and set aside. (iv) the original panel/merit list dated 20. 5. 2002 (Annex. 6) prepared by the Selection Committee (respondent No. 6 Gram Panchayat Valdara, Ahore (Jalore)) in which the name of the petitioner was shown at serial No. 1 while the name of the respondent No. 7 Dilip Singh was shown at serial No. 3 for appointment as Para Physical Teacher in Government Upper Primary School, Rundmal-ki-dhani be restored. (v) the respondent No. 1 to 6 be further directed to appoint the petitioner as Para Physical Teacher in Government Upper Primary School, Rundmal-ki-dhani, Gram Panchayat Valdara, Ahore (Jalore ).

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows:- THE State Government took a decision to establish Rajiv Gandhi Swaran Jayantee Pathshala and the procedure for recruitment of Para Teachers for imparting education to the children in various schools was laid down by the Government of Rajasthan, Rural Development and Panchayati Raj Department, Jaipur through circular dated 23. 4. 1999 (Annex. 1) addressed to all Collectors and concerned authorities. Further, the instructions for appointment of Para Teachers were issued by the Government of Rajasthan, Panchayati Raj Department, Jaipur through order dated 30. 4. 2001 (Annex. 2 ). THE further case of the petitioner is that the respondents 1 to 6 started the process of filling up 1082 posts of Para Physical Teachers in various middle schools and the criteria for determination of the merits of the eligible candidates was laid down by the Director, Elementary Education, Rajasthan, Bikaner (respondent No. 2) through order dated 14. 5. 2002 (Annex. 3 ). THE further case of the petitioner is that he passed his senior examination in the year 1994 and higher secondary examination in the year 1996 from the Board of Secondary Education, Rajasthan, Ajmer. He acquired the B. A. degree in the year 1999 from Jai Narain Vyas University, Jodhpur and further, a PG Diploma in Physical Education in the year 2000 from Mohan Lal Sukhadiya University, Udaipur. Apart from this, he also possessed the following Sports Certificates:- (i) Games and Sports Proficiency Certificate (Annex. 4) issued by the University Sports Board, Rajasthan Vidyapeeth, Udaipur which shows that he participated in Inter University Boxing (All India) Tournament held at M. D. Uni; Rohatak from 26th Dec. to 30th Dec. 2000 as a player. (ii) Games and Sports Proficiency Certificate (1999-2000) (Annex. 5) issued by the University Sports Board, Mohanlal Sukhadiya University, Udaipur which shows that he participated in Inter University West Zone Hockey (M) Tournament held at Jai Narain Vyas University, Jodhpur from 21. 12. 1999 to 29. 12. 1999 as a player. THE further case of the petitioner is that his case for appointment as Para Physical Teacher in Government Upper Primary School, Rundmal-ki-dhani Gram Panchayat Valdara, Ahore (Jalore) was considered by the Selection Committee (respondent No. 6 Gram Panchayat Valdara, Ahore (Jalore)) in the meeting held on 20. 5. 2002 and the petitioner was awarded 65. 15 marks and was placed at serial No. 1 in the panel/merit list, while the respondent No. 7 Dilip Singh was awarded 44. 74 marks and was placed at serial No. 3 in the panel/merit list and for that Annex. 6 (panel/merit list prepared by the respondent No. 6 Gram Panchayat Valdara, Ahore) and Annex. 7 (resolution passed in the meeting dated 20. 5. 2002 by the respondent No. 6 Gram Panchayat Valdara, Panchayat Samiti, Ahore (Jalore)) may be referred to. THE further case of the petitioner is that as per Press Note Annex. 8 dated 20. 5. 2002, if any person felt aggrieved by the decision/order (Annex. 6 or Annex. 7 as the case may be) of the Selection Committee (respondent No. 6), he could raise grievance before the Block Development Officer. THE further case of the petitioner is that thereafter, a merit list (Annex. 9) was prepared on 24. 5. 2002 by the respondent No. 4 Additional Development Officer (Elementary Education), Panchayat Samiti, Ahore (Jalore) in which the name of the petitioner was placed at serial No. 2 while the name of the respondent No. 7 Dilip Singh was placed at serial No. 1 for appointment to the post of Para physical Teacher in Government Upper Primary School, Rundmal-ki-dhani and that merit list Annex. 9 has been challenged by the petitioner as his name was placed at serial No. 2 and the name of respondent No. 7 Dilip Singh was shown at serial No. 1 while in the original panel/merit list (Annex. 6), the name of the petitioner was shown at serial No. 1 and the name of the respondent No. 7 was shown at serial No. 3. THE further case of the petitioner is that while the original panel/merit list (Annex. 6) was prepared by the Selection Committee (respondent No. 6 Gram Panchayat Valdara, Ahore (Jalore)), at that time, the Selection Committee gave to the petitioner 15 bonus marks for National Level Sport Certificate and 10 bonus marks for State Level Sport Certificate and thus, the petitioner secured total 65. 15 marks and was placed at serial No. 1 while the respondent No. 7 Dilip Singh secured 44. 47 marks and was placed at serial No. 3, but while preparing second merit list (Annex. 9) dated 24. 5. 2002 by the respondent No. 4 Additional Development Officer (Elementary Education), Panchayat Samiti, Ahore, 10 bonus marks for State Level Sport certificate awarded to the petitioner at the time of preparing original panel/merit list were minus and on the contrary 10 bonus marks were given to the respondent No. 7 Dilip Singh on the basis of Certificate Annex. 16 (Rajasthan State Senior Football Championship, 1991) and thus, in the second merit list (Annex. 9), the petitioner was awarded 55. 15 marks and was placed at serial No. 2 while the respondent No. 7 Dilip Singh was awarded 55. 47 marks and was placed at serial No. 1 and in this way, the respondent No. 7 Dilip Singh was selected in disregard of the claim of the petitioner. In schedule-A both the merit lists are shown. THE further case of the petitioner is that aggrieved by the decision of the Grievance Committee, he preferred a revision before the respondent No. 5 District Collector, Jalore and a copy of that revision is marked as Annex. 10 and before that revision was decided by the respondent No. 5 District Collector, Jalore, the present writ petition was filed by the petitioner challenging the order Annex. 13 dated 27. 5. 2002 by which the respondent No. 7 Dilip Singh was appointed as Para Physical Teacher in Government Upper Primary School, Rundmal-ki-dhani, but during the pendency of this writ petition, the revision of the petitioner was dismissed by the respondent No. 5 District Collector, Jalore through order dated 2. 7. 2002 (Annex. 13a) holding inter-alia that the petitioner was not having requisite qualification for appointment as Para Physical Teacher as he was having a PG Diploma in Physical Education for one year, which was not equivalent to BPD/cpd/dpd and the said order Annex. 13a passed by the respondent No. 5 District Collector, Jalore has also been challenged by amending this petition. A reply to the writ petition was filed on behalf of the respondents No. 1 to 6 and their case may be summarised in the following manner:- (i) THE when the petitioner's name was placed at serial No. 1 in the original panel/merit list (Annex. 6), a complaint was filed by the respondent No. 7 Dilip Singh before the Grievance Committee and copy of which is marked as Annex. R/2 and the Grievance Committee came to the conclusion that the petitioner was granted bonus marks both for National Level Sport Certificate as well as for State Level Sport Certificate while bonus marks should have been awarded only for one i. e. 15 bonus marks for National Level Sport Certificate and 10 bonus marks for State Level Sport Certificate were wrongly awarded to the petitioner and in this respect, reliance has been placed on Annex. R/3 dated 10. 3. 2000. (ii) That no doubt the petitioner was sent for training in compliance of the order of this Court, but the petitioner had not taken the training after 25. 6. 2002. (iii) That the petitioner had in his credit one year PG diploma in Physical Education, but the requisite qualification is BPD/cpd/dpd and since the petitioner was not having requisite qualification for appointment as Para Physical Teacher, therefore, his revision was rightly rejected by the respondent No. 5 District Collector, Jalore through order Annex. 13a dated 2. 7. 2002. Hence, the writ petition filed by the petitioner be dismissed. A reply to the writ petition was also filed by the respondent No. 7 Dilip Singh and he has also taken the same stand which was taken by the respondent No. 1 to 6.

(3.) THE first merit list mentioned in Schedule-A shows that the petitioner was given 15 bonus marks for National Level Sport Certificate and 10 bonus marks for State Level Sport Certificate and thus, he secured total 65. 15 marks and was placed at serial No. 1 while the respondent No. 7 Dilip Singh secured 44. 47 marks and was placed at serial No. 3 and in that first merit list, 10 bonus marks on the basis of Certificate Annex. 16 (Rajasthan State Senior Football Championship, 1991) were not added to the credit of the respondent No. 7 Dilip Singh.