NILESH KUMAR PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This common judgment will dispose of two writ petitions by which amendments to Rule 266(3) of the Rajasthan Panchayati Raj Rules, 1996, which were amended with effect from 29.8.2017, are challenged.

(2.) The facts are limited. The State of Rajasthan issued an advertisement for recruitment and appointment of Teachers Gr.III (Level-II) for elementary education, in its Elementary Education Department. The impugned amendments were brought into force on 29.8.2017. The effect of these amendments is that individuals possessing requisite qualifications and otherwise fulfilling eligibility stipulations prescribed by the relevant Recruitment Rules, have been now rendered ineligible. Both petitioners highlighted that in terms of the Rajasthan Eligibility Examination for Teachers (REET) 2015, the candidates who possess the minimum qualifications in terms of an earlier notification dated 29.7.2011 for recruitment to teach Class-VI to VIII, were to be amongst the following "A. Graduation and passed or appearing in final of 2-year Diploma in Elementary Education (by whatever name known).

(3.) After the examination (REET 2015) the Director of Primary Education issued a notification (DR-2016). In terms of this notification candidates had to obtain 60% marks as minimum passing marks in REET/RTET (Teacher Eligibility Test). Some of the petitioners contend that they had the requisite qualifications of BA and B.Ed. and were preparing hard for the Teacher Gr.III Level-II. Some of the petitioners belong to TSP category. The petitioners referred to the National Council for Teachers Education (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2005 (hereinafter referred to as the NCTE Regulations of 2005) as governing the B.Ed course, which in turn required those having less than 50% marks in BA/MA were not entitled to be admitted to the B.Ed. Course. It is stated that the petitioners had possessed the necessary marks i.e. more than 50%.