KANTA PARIHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the instant writ petition and in writ petitions shown in the schedule to this judgment, the common question of law is involved and the same impugned order dated 19. 8. 98, issued by the respondents, is under challenge and, thus, all the petitions are disposed of by the common judgment.

(2.) ALL these cases involve the issue of eligibility for appointment of primary school teachers in the Zila Parishads and in Education Department. The mode of appointment in Zila Parishads is governed by the provisions of rule 266 of the Rajasthan Panchayati Raj Rules, 1996 ( hereinafter referred to as ` the Rules of 1996' ). The said Rule, as stood amended up to December,1998, reads as under:- Post Mode of recruitment Eligibility Primary school teacher. 100% by direct recruitment. (I) Senior Secondary under new (10+2) scheme, or Hr. Sec. under old scheme, from Rajasthan Board, or Secondary Education or equivalent and Secondary school certificate from Rajasthan Board of Secondary Education or equivalent with 5 subjects, 3 of them shall be Mathematics, English and Hindi. (II) B. S. T. C. Course.

(3.) IN all type of cases, for appointment of Teachers Grade III, the qualification of Senior Secondary under 10+2 Scheme alongwith other qualification etc. has been prescribed. However, the controversy in these cases lies in a very narrow compass; whether the candidates holding the certificate of Senior Secondary (Vocational), are eligible to be considered for the said post, or the eligibility requirement is of having the certificate of Senior Secondary (Academic), as prescribed by the impugned order dated 19. 8. 98? And whether the impugned order dated 19. 8. 98, which provides that the candidates holding the certificate in Senior Secondary (Vocational) would not be eligible for appointment on the said post, as held by this court, is amenable to judicial scrutiny in writ jurisdiction.