ANKUL SINGHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has prayed for a direction to the respondents for his appointment on the post of Teacher Grade-III Level-II as per his merit ascertained on his application pursuant to the advertisement dtd. 31/7/2018.

(2.) The advertisement in issue sought applications for appointment on 4762 posts of Teacher Grade III Level II (Non TSP Area). The merit list amongst the applicants fulfilling the prescribed eligibility criterion was to be prepared on the aggregate of marks based on 70% marks at the REET and 30% marks at Graduation. The petitioner fancying himself with requisite eligibility applied as a general category candidate. On evaluation of his application he obtained 71.35% marks (56.47% of REET and 14.88% of BA) in the aggregate while the cut off for appointment on the post in issue in the general category was 71% marks. The petitioner was yet not appointed. On enquiry he gathered that according to the notification dtd. 31/8/2009 issued by the National Council of Teacher Education (NCTE) adverted to in the advertisement dtd. 31/7/2018 having been admitted to the Shiksha Shastri (B.Ed. in Sanskrit) course post 31/8/2009 the minimum marks at the Graduation required of him was 50% while he had secured only 49.61% marks thereat. He was thus not eligible to be appointed on the post of Teacher Grade III Level II. Hence this petition.

(3.) The case of the petitioner is that it is not in dispute and cannot be so that he was admitted to the Shiksha Shastri (B.Ed. Sanskrit) course for the academic year 2009-2010. Admission to the said course were initiated under an advertisement issued in the month of April, 2009. The eligibility for admission was 45% at the Graduation level. The petitioner with 49.61% marks in the Graduation examination applied for admission on 9/5/2009. The Pre Shiksha Shastri Test (PSST) requisite for admissions was conducted on 25-5- 2009 and the result thereof declared in June, 2009. The petitioner was successful. The counselling for allotment of colleges on meritcum- preference was notified on 4/7/2009. The petitioner registered himself for online counselling with deposit of notified fee Rs.2000.00 on 7/7/2009. The first round of counselling was however postponed to 23/7/2009, and held between 31/7/2009 and 3/8/2009. College allotted, students admitted and the Session was commenced. For remainder vacant seats in the Shiksha Shastri course, a second round counselling as per notification of 21/8/2009 was held between 26- 8-2009 and 28/8/2009. The petitioner was considered at the said counselling and allotted a college for pursuing the Shiksha Shastri course 2009-2010. He was then admitted on 4/9/2009. It has been submitted that the petitioner's admission in the 2009-2010 Shiksha Shastri course would in the circumstances relate back to the commencement of the relevant academic year going back to admissions in the first round of counselling between 31/7/2009 and 3/8/2009. Hence the petitioner on an active reading of clause 9.3(ii) and 9.3(iii) of the advertisement dtd. 31/7/2018 has to be considered eligible for appointment to the post of Teacher Grade III Level II as per his merit and cannot be held ineligible for reason of his 49.61% marks at the Graduation level.