DEEPAK BARIYA SON OF SHRI DEVA BARIYA Vs. THE RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER THROUGH ITS SECRETARY & ORS.

JUDGEMENT

(1.) The petitioner applied in pursuance to the advertisement dated 2.8.2013 issued by the Rajasthan Public Service Commissioner (RPSC) inviting applications for direct recruitment on the post of Senior Teacher Grade II (English) under the respondent Department of School Education (Secondary Education). As per the advertisement, the requisite qualification for appointment on the post was Graduate or equivalent Examination with concerned subject as optional subject and Degree or Diploma in Education recognized by National Council for Teacher Education. After the declaration of the written examination, the petitioner's name appeared in the select list. All the selected candidates were directed to submit detailed application form along with the requisite documents in the office of the RPSC. The RPSC while recommending the name of the selected candidates to the Government did not recommend the name of the petitioner. He was informed by the RPSC vide order dated 6.4.2015 that his candidature has been rejected on the count that he is not having the concerned subject with English as optional subject in his Graduation Examination (First, Second and Third Year).

(2.) While praying for setting aside the impugned order, learned counsel for the petitioner submitted that the petitioner had the subject of English in First, Second and Third Year of Graduation. Moreover, he also has the higher qualification of Master Degree in English Subject. Hence, the rejection of his candidature for appointment on the post is totally arbitrary, hypothetical and baseless.

(3.) Reply has been filed. Although it is admitted that the petitioner had the subject of 'English' in his First, Second and Third Year but was not taken into consideration as it was not offered as optional subject by the petitioner. The respondents relied on the following requisite qualifications for the post as mentioned in the rules and advertisement: