SURENDRA KAUR GUDWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner passed his Higher Secondary Examination from the Board of Secondary Education, Rajasthan, Ajmer, with Hindi, English, General Science and Social Studies as compulsory subjects, and Sanskrit, Advanced Hindi and Home Science as Optional Subjects. THEreafter he passed M.A. in Hindi from the University of Ajmer and B.Ed. Examination from Mohan Lal Sukhadia University, Udaipur. THE District Education Officer (Boys), Udaipur, invited application for appointment of HI Grade Teachers in Udaipur District. THE necessary qualification prescribed for appointment on the post of HI Grade Teachers, mentioned in the Advertisement, is Higher Secondary with B.S.T.C. or its equivalent. THE petitioner was fulfilling the necessary qualification and he, therefore, applied for appointment on the post of III Grade Teacher. THE petitioner was called for interview and was selected by the Selection Committee and an appointment order dated 11.11.1991, was issued giving appointments to seventy-five persons. THE name of the petitioner was placed in the Merit List at Serial Number 62 and he was posted at Government Higher Secondary School, Singuara (Gonda ). In the order Annexure 6 dated 11.11.1991, by which appointments were given to seventy-five persons, a direction was given by the District Education Officer, Udaipur, to the various educational institutions that they should not allow to join any lady teacher who is pregnant and also, should not permit a person to join the duties who has not cleared the Higher Secondary Examination alongwith Elementary Maths, as a compulsory subject. THE petitioner, in her Higher Secondary Examination, has not taken the Elementary Maths as one of the compulsory subjects as she had opted the Optional subjects other than History, Geography, Civics and Economics. Chapter XVIII of the Hand Book of Rajasthan Board of Secondary Education, 1957, provides that any person having the subjects other than History, Geography, Civics and Economics, are not required to take the compulsory subject of Elementary Maths. Though the petitioner's name finds place in the Merit List and he was given appointment and posted at Government Higher Secondary School, Singhara (Gogunda) but he was not given appointment on the ground that he has not passed the Higher Secondary Examination with Elementary Maths as one of the compulsory subjects.

(2.) IT is contended by the learned counsel for the petitioner that rule 11 of the Rajasthan Educational Subordinate Service Rules, 1977, deals with the academic and technical qualification and experience. Rule 11 provides that a candidate for direct recruitment of the post of HI Grade Teacher should possess the qualification of Matriculation with the Certificate of Training and should have working knowledge of Hindi, written in Deonagri Script, and the knowledge of Rajasthan Culture. Rule 11 nowhere provides that a candidate should pass the Matriculation Examination with Elementary Maths as a compulsory paper. The only requirement of the law is that a candidate should be Matriculate of Higher Secondary with the Certificate of Training. The petitioner has passed the Higher Secondary Examination and thereafter he passed even M.A. in Hindi and B.Ed. Examinations and, therefore, he was fulfilling all the necessary and requisite qualification and as such was eligible to be appointed as III Grade Teacher and the appointment to the petitioner on the post of HI Grade Teacher has wrongly been refused by the respondents though less meritorious persons were appointed. The contention of the learned counsel for the respondents, on the other hand, is that the petitioner was not having the necessary qualification of appointment on the post of III Grade Teacher as he has not passed the Higher Secondary Examination with Elementary Maths as one of the compulsory subjects.