SHRAVAN KUMAR Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) THE Director of Sanskrit Education Rajasthan, Jaipur by an advertisement No. 4/2003 -04 dt. 25.02.2004 invited applications from eligible desirous candidates to be considered for appointment as Sanskrit Teachers against existing 175 vacancies. The petitioner considering himself, submitted an application in the prescribed proforma in pursuant to the advertisement referred above, however, his candidature was not considered by the respondents on the count that he was not possessing the qualification either of M.A. with Sanskrit/Acharya and also Senior Secondary School Certificate with Sanskrit.

(2.) BEING aggrieved by the same this petition for writ is preferred contending therein that the petitioner possessed the qualification prescribed under the Rajasthan Sanskrit Education Subordinate Service Rules, 1978 (hereinafter referred to as ''the Rules of 1978 '') and, therefore, rejection of his candidature was illegal. Relevant to note that the petitioner possessed the qualification of B.A. with Sanskrit as an optional subject with Bachelors Degree in Education with three teaching subjects including Sanskrit.

(3.) THE counsel for the parties are in agreement that the controversy involved in this petition for writ is covered by the judgment referred above. In view of it, this petition for writ is also allowed and the respondents are directed to consider candidature of the petitioner for the purpose of appointment as Sanskrit Teacher and in the event he stands in merit, appointment be accorded to him as Sanskrit Teacher from the date the same was given to the persons less meritorious to him. The seniority and fixation of pay of the petitioner on notional basis is also directed to be given from the date of appointment.