RAM NARAIN VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition relates to the appointment to the post of Head Master of Secondary School which post is governed by the Rajasthan Educational Service Rules, 1970(here in after referred to as 'the Rules').

(2.) THE petitioner obtained his B.A Degree from the Rajasthan University in 1971 and the degree of Shiksha Shastri from the Rajasthan University in the year 1973. He was initially appointed as IIIrd Grade teacher on 5th February, 1974 in the Primary and Secondary Education Department of Rajasthan. He was subsequently promoted to the post of IInd Grade teacber by order dated 22nd Sept., 1978.He was confirmed on the post of IInd Grade teacher by order dated 13th Feb. 1982. Some posts of Head Masters, Secondary School came to be advertised by the Rajasthan Public Service Commission, Ajmer (here in after referred to as 'the Commission') vide advertisement No. 1/84 -85 published in the Rajasthan Patrika dated 2nd May, 1984. The qualifications which were prescribed for the post of Head Master in the said advertisement were Bachelor's Degree with a degree or Diploma in Education by University established by law in India or by some foreign University which is recognised equivalent by the Government. In response to the said advertisement, the petitioner submitted his application for the post of Head Master. He appeared in the written examination which was conducted by the Commission and after being declared successful in the said examination he was called for interview before the Interview Board of Commission on 9th May, 1985. The petitioner was informed by the Commission by letter (Annexure 5) dated 14th June, 1985 that he had been selected and he has been placed at Serial No. 326 in the merit list and that an intimation was sent to the Department for necessary action. The grivevance of the petitioner is that even though he has been selected by the Commission for the post of Head Master in Secondary School he has not been appointed on the said post although other persons who have been so selectes, have been appointed. The petitioner has also stated that he approached the Director, Primary and Secondary Education, Bikaner, the respondent No. 3 here in, who informed the petitioner that the petitioner has not been appointed for the reason that he only possessed the degree of Shiksha Shastri and not B. Ed. degree. Feeling aggrieved by the aforesaid decision on the part of the respondents Nos. 1 and 3 not to appoint the petitioner on the post of Head Master, Secondary School, even though he had been selected by the Commission for the said post, the petitioner has filed this writ petition wherein he has prayed that appropriate writ order or direction may be issued directing the respondents to give appointment to the petitioner on the post of Head Master, Secondary School in pursuance of the letter of selection issued by the Commission on 4th June, 1985.

(3.) THE petitioner has filed a rejoinder to the said reply.