SUNILA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WITH the consent of learned counsel for parties the matter has been taken up for final disposal.

(2.) THE prayer of the petitioners in the instant writ petition is as under:- (i) to declare illegal the advertisement (Annexure-8) issued by Deputy Director (Secondary) Education (for short `second Respondent') for the post of Senior Teacher in Mathematics placing the condition of having passed the Graduation examination with one science subject being contrary to the provisions of Rajasthan Educational Subordinate Service Rules, 1971 (for short `1971 Rules'); (ii) to direct respondents to issue corrigendum in the advertisement (Annexure-8) striking out such an arbitrary condition of passing one science subject in Graduation for the post of Senior Teacher in Mathematics; (iii) to direct the respondents to accept and consider the application and candidature of the petitioners for the post of Senior Teacher in Mathematics treating them to be possessing the requisite qualification of B. A. in mathematics subject and B. Ed decree and they be appointed on the basis of merit determined accordingly.

(3.) AS earlier noticed 1971 Rules provides the requisite qualification for the post of Senior Teacher as Graduation or equivalent examination from the recognised University. Pursuant to said Rule the advertisement came to be passed by second respondent on August 9, 1998. A look at the entire scheme of 1971 Rules demonstrates that in the said rule it is nowhere provided that one must possess a degree in Mathematics subject along with one Science subject either Physics or Chemistry besides B. Ed. degree from any recognised University, as observed in the order dated April 17, 1998. Even otherwise there was no mention in the advertisement that for the subject of Maths a candidate must possess the qualification of graduation in mathematics with other subject of Science. Since the scheme of 1971 Rules was not brought to the notice of this Court at the time of passing the order dated April 17, 1998, it was held that under the Rules one must possess a degree in Mathematics subject along with one science subject either Physics or Chemistry. This observation is evidently against the scheme of 1971 Rules.