REKHA KUMARI RAWAT Vs. STATE

JUDGEMENT

(1.) THE candidature of the petitioners has been rejected from consideration for appointment as Senior Teacher under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as "the Rules of 1971") on the count that they do not possess two subjects taught in secondary schools with degree of Graduation. THE principal point, therefore, require determination in these petitions for writ is whether the term "schools" used in entry No. 8 column 4 of Section F of the Schedule appended with the Rules of 1971 is confined to the schools imparting education upto secondary level or the senior higher secondary schools are inclusive to it?

(2.) THE entry No. 8 of Section F to Schedule appended with the Rules of 1971 read as under:- 1 2 3 4 5 6 7 8 9 8. (a) [Senior Teacher] Enforcement Assistant 50% by direct recruitment & 50% by promotion Graduate or equivalent Examination with atleast two subjects taught in Schools with Degree or Diploma in Education or Montessori Training. 1. Teacher 2.Labor atory Assistants 3. Teach ers in Deaf. Dumb & Blind Schools. Graduate equivalent examination with atleast two subjects taught in Schools with De gree or Diploma in Education or Montessori Training. 1. Jr./ Deputy Director of Education of the range concerned. 2. One District Education officer to be nomi nated by Director, Primary & Secondary Education. 3. One expert to be nomi nated by Director Secondary Education. Range wise

(3.) PER contra, in reply to the writ petitions, it is stated by the respondents that the petitioners are not having bachelors degree with any second subject being taught at secondary level and thus they are not entitled for appointment as senior teacher under the Rules of 1971.