SURESH KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Since on same set of facts similar relief has been sought, all the writ petitions have been heard together and are being decided by this common order. The petitioners being handicapped persons are seeking selection/appointment to the post of Primary and Upper Primary School Teacher in pursuance to selections made vide Primary and Upper Primary School Competitive Examination, 2006. Though the petitioners are not having basic qualifications, however, seeking protection of amended provisions of Rule 7 -A of the Rajasthan Employment of the persons with Disabilities Rules, 2000 the relief has been sought on the ground that if the BSTC course is treated as a training, the minimum qualification required for the post in question should have been waived at the initial recruitment/appointment. It has also been submitted that under similar circumstances, concession has been given to widows and divorced ladies for appointment to the post of Primary School Teacher.

(2.) The recruitment is made under the provisions of the Rajasthan Panchayati Raj Rules of 1996. The minimum qualification for the post of Primary and Upper Primary School Teacher has been fixed as Senior Secondary School Certificate or Intermediate or its equivalent and Diploma or Certificate in Basic Teacher Training of a duration of not less than two years or Bachelor of Elementary Education. The amending provision as heavily relied on by the counsel for the petitioners is reproduced here as under: - -

(3.) Insertion of new rule 7A: - -After the existing rule 7 of the said rules the following new rule 7 -A shall be inserted, namely: - -