MADHAV PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against the Judgment and order of learned single Judge in S. B. Civil Writ petition No. 2771 of 1995, decided on 6-5-1996. The petitioner/appellant who had passed the Senior Secondary Examinations from the Board of Secondary Education, Ajmer in the year 1995, Securing 591 marks out of 900 marks (Approximately 65.66%), had applied for admission to STC course for which the requisite qualifications advertised as per letter No. P-12(1) Edn. 1/ 94 dated 18-81994 were 10 + 2 Examination. As per the petitioner-appellant, there is a provision for relaxation in the educational qualification in regard to reserved category, in case the candidates possessing 10 + 2 examination qualification are not available. In such circumstances, the qualifications are said to have been relaxed to Secondary Examination. It is further mentioned that as per the above said letter/advertisement, 5 bonus marks are also to be awarded to those candidates who are dependants of the deceased employee of the Education Department. The copy of the instruction issued by the Education Department bearing date 18-8-1994 has been placed on record as Ex. P/2.

(2.) The petitioner had applied for admission in the said course, claiming his right of reservation against the quota of seats reserved for the dependents of the teachers of Education Department who had died in service. There is no dispute that father of the petitioner/appellant had served in the Education Department and had expired on 8-11-77. He was claiming the seat against the quota reserved for such category.

(3.) The petitioner/appellant has placed on record a merit list Ex. P/5 prepared by the respondent whereby three persons i.e. Govind Prakash, Yogesh Sankhla and Bhanwarlal having percentage of 61.72%, 48.81% and 40.62%, respectively have been selected against the quota of reserved seats meant for dependents of deceased of Education Department. Out of the above three persons Yogesh Sankhla and Bhanwar Lal, even though have been shown as selected against the said reserved quota, but they actually belonged to the category of teachers working in the department. It is further submitted that all the said three persons are much below on the merit list. The respondents in written statements, had admitted all the material facts and had further submitted that after awarding 05 bonus marks to the petitioner/appellant as per the instructions, the petitioner/appellant marks on merit shall come to 70.66%. It has further been averred in the written statement that even though the minimum qualifications of eligibility in the course is Senior Secondary Examinations from the Board of SecondaryEducation, but a relaxation clause has been made in the instructions itself, prescribing the relaxation to reserved class as Secondary examination only to be eligible for applying for the STC course. It is further stated that the petitioner/appellant had applied against the reserved quota meant for dependent of the deceased employee and the Board has prescribed the qualification as Secondary Examination for the reserved quota, therefore, the merit for the said category has been prepared on the basis of Secondary Examination and not on the Sr. Secondary Examination. As per the merit of Secondary Examination, the petitioner/appellant would get only 53% marks. It is stated that there were 3 reserved seats for this category and out of the said three seats only one Govind Parkash was granted admission on the basis of merit; whereas other two persons i.e. Yogesh Sankhla and Bhanwar Lal were granted admission on the basis of priority fixed in the instruction i.e. to those candidates who are already in service in the Education Department under the category of dependents of deceased employee of Education Department.