SANTOSH KUMARI D/O SHRI RANJEET SINGH Vs. THE STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF RAJASTHAN, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) The petitioner is seeking direction for considering her candidature for the post of Teacher Gr.III (Level-I) and afford her appointment in pursuance to the advertisement dated 11.08.2013 by granting her relaxation in the marks obtained by her in Senior Secondary Examination as per the instructions in the advertisement itself.

(2.) The petitioner belongs to the OBC category. She cleared her Senior Secondary Examination in the year 2008 and secured 42.46% marks and thereafter took admission in BSTC in the year 2008 and counselling for the same was held on 5.11.2008. The petitioner completed two years BSTC course in the year 2010 and also RTET test securing 76% marks. Being fully eligible, she applied against the post of Teacher Gr.III, Level I in pursuance to the advertisement dated 11.8.2013. After successfully clearing the examination, the respondents declared the result of the examination and the petitioner was declared successful. She was duly called for the verification of the documents. However, her name did not find mention in the select list under the OBC female category although the cut off marks of the OBC female category was 159.66 marks and the petitioner had secured 172.84 marks. She was informed that her candidature cannot be considered as she is having only 42.46% marks in her senior secondary examination. Learned counsel for the petitioner contended that only 45% marks were required in the Senior Secondary Examination as per Condition 4(ii)) of the recruitment instructions (Annex.6). The petitioner has got 42.46% marks and in case, relaxation of 5% marks is given, she would get more than 45% marks.

(3.) Reply has been filed. As per the reply, the petitioner is not entitled as she has secured 42.46% marks in her senior secondary examination as in clause 7(1)(a) of the recruitment notification, it is stipulated that a candidate should have 50% marks in his/her senior secondary examination although vide clause 7(5), relaxation upto 5% marks has been given to the candidates belonging to SC/ST/OBC/SBC/PH categories. Since the petitioner has secured only 42.46% marks in her senior secondary examination, she is not entitled for appointment on the post in question even if relaxation of 5% marks is given.