HEMENDERA KUMAR JANGID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The bunch of writ petitions involves common question of law thus were heard and decided by this common judgment. The respondents issued an advertisement for appointment to the post of Teacher Gr III (Levels-I and II). The advertisement was issued at the district level by respective Zila Parishad. The petitioners applied for the above posts and after remaining successful, were given appointment. The respondents have now issued an order dated 30.8.2013 at annexure-6 in CW 15788/2013 which provides for an action of termination of services of those candidates who do not find place in the merit list after revision of result. The revision of the merit list is due to correction in the answer key wherein certain questions were deleted or answers were modified. It was in view of the fact that after declaration of result, a controversy was raised for correctness of the questions and answers. This court issued directions on the respondents to send the matter to the expert committee. The respondents, in compliance of the order, sought opinion of the expert committee and found certain questions and answers to be incorrect. They accordingly revised the merit list. On account of revision of the merit list, it seems, petitioners are not finding place therein thus apprehending termination or have been terminated.

(2.) Initially, writ petitions were filed when only order dated 30.8.2013 was passed. Few writ petitions were filed after passing of the orders of termination. This court passed interim orders in favour of the petitioners in reference to the judgment of the Hon'ble Supreme Court in the case of "Rajesh Kumar & Ors. etc v. State of Bihar & Ors. etc.", 2013 AIR(SC) 2652.

(3.) Learned counsel for petitioners submit that selection for the post of Teacher Gr III (Levels-I and II) were conducted by the respondents. The merit list was prepared based on the criteria laid down by them which include weightage of marks for Rajasthan Teacher Eligibility Test (for short 'RTET') to the extent of 20%. The RTET was conducted in pursuance of the amendment in the Regulations by the National Council for Teacher Education (for short 'the NCTE'). As per Regulations, one is required to pass TET for appointment to the post of Teacher Gr III. The minimum qualifying marks therein are 60% for general category candidates and, for reserve category candidates, concession was provided though the matter in that regard is pending consideration before the Hon'ble Apex Court. It is in view of the judgment of the Division Bench holding candidate to be ineligible for appointment unless he possesses 60% marks in RTET. Thus, while making appointment, it was made subject to final outcome of pending litigation.