DHANNA RAM CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having heard l. ned counsel for the petitioner and having perused the material placed on record, this Court is clearly of opinion that this writ petition seeking the relief of directions to the respondents to offer appointment to the petitioner to the post of teacher Grade III in pursuance of the advertisement dated 30.10.2006 remains bereft of substance; and the petitioner is not entitled for any relief.

(2.) By way of the advertisement dated 30.10.2006 (Annex.3) applications were invited from eligible candidates for selection to the post of teacher in primary schools and upper primary schools under the Rajasthan Panchayati Raj Rules, 1996 giving out the requisite qualifications of: (i) Senior Secondary School Certificate or Intermediate or its equivalent with (ii) Diploma or Certificate in Elementary Teachers Training of a duration of not less than two years, or Bachelor of Elementary Education for the purpose of teachers in primary schools; and that of (i) Senior Secondary School Certificate or Intermediate or its equivalent with (ii) Diploma or Certificate in Elementary Teachers Training of a duration not less than two years, or Bachelor of Elementary Education, or Graduate with Bachelor of Education (B.Ed.) or its equivalent for the purpose of teachers in upper primary schools.

(3.) The petitioner having the qualification of B.Com. and B.Ed. offered his candidature in terms of the advertisement aforesaid; was allotted Roll No. 397648 for the purpose of taking written examination; and, according to the petitioner, he was declared successful in written examination standing at merit No. 2687. The petitioner has raised the grievance that despite having been declared successful in the written examination his name has been deleted from the list of selected candidates by the order dated 21.07.2007 (Annex.4) stating the reason that he does not fall within the cut off marks of B.Ed. as issued by the Commission. The petitioner has urged that the respondents have acted wholly illegally in striking out their own order putting him in merit at Serial No. 2687; that the petitioner comes in the merit of primary teacher but his name is sought to be deleted on the alleged ground of his not falling in the merit of B.Ed. qualified candidates and such an approach is unsustainable; that the petitioner is possessed of the qualification required by the advertisement in question and is rather having higher qualification and yet his candidature has been rejected arbitrarily and without any opportunity of hearing.