USHA DEVI Vs. STATE AND ORS.

JUDGEMENT

(1.) A direction is sought by the petitioner for respondents to accord her appointment as Teacher Grade -II from the date it was given to the persons who stood at lower pedestal in the select list prepared by the respondents in order of merit.

(2.) IN brief, facts of the case are that the petitioner after obtaining Bachelors Degree in Arts from Oudh University in the year 1983, qualified the Bachelors Degree in Education in the year 1987 and also obtained Master Degree in Arts with Hindi in the year 1990 both from the Rajasthan University. The petitioner faced selection proceedings conducted by the respondents under a notification No. 5/93 for the purpose of recruitment to the post of Teacher Grade III, under the Rajasthan Panchayat Samities and Zila Parishads Service Rules, 1959 and a select list as a consequent thereto was declared in the month of September 1993, however, name of the petitioner was not in that though certain persons standing at lower pedestal in merit than the petitioner were shown as the persons selected. On personal contact with the competent officers of the respondent No. 2, it was informed to the petitioner that there was some doubt about genuineness of the Bachelor Degree in Arts obtained by her from Oudh University. The petitioner immediately thereafter submitted a representation to the competent officer of the respondent Zila Parishad stating therein that she obtained the aforesaid Degree by acquiring requisite qualification from the Oudh University and by considering the same genuine, she was allowed to undergo the Bachelors Degree in Education Course as well as the Course of Master Degree in Hindi with Rajasthan University. No favourable consideration was given by the respondents, hence this petition for writ is preferred.

(3.) IT is contended by learned Counsel for the petitioner that the University of Oudh is a Statutory University and on basis of the qualification acquired by that University, admission was given to the petitioner in Rajasthan University in the Course of Bachelors Degree in Education as well as in the Course of Master Degree in Arts, therefore, there was no occasion or reason to doubt genuineness of the qualification possessed by the petitioner.