NRIPAL SINGH RAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Respondent No.2, the Director, Sanskrit Education, Rajasthan, Jaipur, issued an Advertisement No. 1/2001-2002, dated 25.8.2001 for the posts of Senior Teacher (Gr.III) under the provisions of Rajasthan Sanskrit Education Subordinate Service Rules, 1978, in the various subjects including Science. The petitioner applied for the post of Senior Teacher in Science subject. The petitioner belongs to Scheduled Tribes category. The interviews were held on 12th and 13th of December, 2001. As per merit list prepared for Scheduled Tribe candidates, the last candidate having secured 60.49% marks, was called for interview whereas the petitioner secured 66.27% marks, was not called for interview. The petitioner thereafter served a notice upon the respondents and ultimately the present writ petition was preferred wherein a notice to show cause was given to the respondents and in response thereto, they have filed written reply to the writ petition and in para 5 thereof, it was contended that the application form of the petitioner was rejected on the ground that the petitioner did not possess the requisite qualification for the post of Science Teacher Gr.II as per the advertisement. As the petitioner did not have the requisite qualification of B.Ed., the petitioner passed the B.Ed. (Basic) Course which is recognised for Teacher Gr.III for primary education whereas for the post of Teacher Gr.II, a candidate should pass B.Ed. Course. Para 5 of the reply is reproduced as under :

(2.) The learned counsel for the petitioner contended that the petitioner passed B.Sc. from Maharshi Dayanand Saraswati University, Ajmer and secured 61.97% marks and B.Ed. From Barkatullah Vishwavidyalaya, Bhopal, wherein, he secured 79.20% marks. The said University is also recognised by the National Council for Teacher Education. The Barkatullah Vishwavidyalaya, Bhopal, has issued a degree of Bachelor of Education itself but in the mark- sheet, B.Ed. (Basic) has been mentioned but from the certificate dated 13.12.2001 (Annex.2), it is clear that the degree of B.Ed. (Basic) is equivalent to B.Ed. degree of other Universities. He also contended that one person Mangaliya Ram Rawat who was having the same degree of B.Ed. and mark- sheet of B.Ed. (Basic) from Barkatullah Vishwavidyalaya, Bhopal, has been considered by the respondents for the post of Teacher Gr. II and he has been given appointment vide order dated 20.12.2001. A copy of which has been placed on record along with rejoinder by him. He, therefore, contended that the action of the respondents is arbitrary and un-constitutional and violative to provisions of Articles 14 and 16 of the Constitution of India. In these circumstances, the writ petition deserves to be allowed and the respondents be directed to consider the case of the petitioner for the post of Science Teacher Gr.II as one post of Senior Teacher Science, was directed to be kept vacant vide interim stay order dated 30.7.2002 which is still in force.

(3.) The learned Government Advocate contended that as per their reply to the writ petition, it is clear that the petitioner was not qualified for consideration for the post of Science Teacher Gr.II as he qualified B.Ed. (Basic) Course and not B.Ed. course itself. So far as the appointment given to the similarly situated person i.e. Mangaliya Ram Rawat on the basis of the same qualification is concerned, he is unable to justify the action of the respondents.