STATE OF RAJASTHAN Vs. VIKAS KUMAR AGARWAL

JUDGEMENT

(1.) The commonality of the issues and the identicalness of impeachments cobble the proceedings and arguments having been advanced in an analogous hearing with the consent of the learned counsel for the parties, the instant adjudication would answer the surging debate. The dissension centres around the relaxation granted by the State Government in the minimum pass marks to the reserved category candidates in the Rajasthan Teachers Eligibility Test (for short, hereafter referred to as "the RTET") allegedly in contravention of the norms to that effect embodied in the notification dated 29.7.2011 of the National Council for Teacher Education (for short, hereafter referred to as "the NCTE"), the weightage accorded on the basis thereof in the eventual evaluation of the contending candidates and the final results of the recruitment to the post of Teacher in Level (I) Class I to V and Level (II) Class VI to VIII in the School (s) as declared vide notification/circular dated 25.8.2012 under the Right of Children to Free and Compulsory Education Act, 2009 (for short, hereinafter referred to as "the Act of 2009").

(2.) We have heard Mr.S.N.Kumawat, AAG, Mr.Tanveer Ahmed, Mr.Raghunandan Sharma, Mr.Kuldeep Aswal, Mr.Anil Kumar Sharma for Rajendra Yadav, Mr.R.D.Meena,Mr.Aswani Chobisa, Mr.A.R. Meena, Mr.Gajendra Sharma, Mr.J.S.Rathore, Mr.Rajendra Soni, Mr.Vijay Poonia, Mr.V.B.Srivastava and Mr.Sanjay Srivastava, learned counsel appearing for the appellants and Mr.Vigyan Shah, Mr.Shantanu Sharma, Mr.Anand Sharma and Mr.V.K.Gupta, learned counsel appearing for the respondents.

(3.) The factual canvass with fringe variations qua the writ petitioners (Respondents in the appeals) as available in the pleadings of S.B.Civil Writ Petition No.13488/2012 Vikas Kumar Agrawal V/s The State of Rajasthan & ors. (D.B.Civil Special Appeal (Writ) No.1484/2012) would suffice. The assailment of the unsuccessful candidates having been sustained in the original proceedings, the State-respondents and several selectee candidates being aggrieved seek redress.