JUDGMENT 1. - This writ petition relates to the appointment to the post of Head Master of Secondary School which post is governed by the Rajasthan Educational Service Rules, 1970(here in after referred to as 'the Rules'). 2. The petitioner obtained his B.A Degree from the Rajasthan University in 1971 and the degree of Shiksha Shastri from the Rajasthan University in the year 1973. He was initially appointed as IIIrd Grade teacher on 5th February, 1974 in the Primary and Secondary Education Department of Rajasthan. He was subsequently promoted to the post of IInd Grade teacher by order dated 22nd Sept., 1978.He was confirmed on the post of IInd Grade teacher by order dated 13th Feb. 1982. Some posts of Head Masters, Secondary School came to be advertised by the Rajasthan Public Service Commission, Ajmer (here in after referred to as 'the Commission') vide advertisement No. 1/84-85 published in the Rajasthan Patrika dated 2nd May, 1984. The qualifications which were prescribed for the post of Head Master in the said advertisement were Bachelor's Degree with a degree or Diploma in Education by University established by law in India or by some foreign University which is recognised equivalent by the Government. In response to the said advertisement, the petitioner submitted his application for the post of Head Master. He appeared in the written examination which was conducted by the Commission and after being declared successful in the said examination he was called for interview before the Interview Board of Commission on 9th May, 1985. The petitioner was informed by the Commission by letter (Annexure 5) dated 14th June, 1985 that he had been selected and he has been placed at Serial No. 326 in the merit list and that an intimation was sent to the Department for necessary action. The grievance of the petitioner is that even though he has been selected by the Commission for the post of Head Master in Secondary School he has not been appointed on the said post although other persons who have been so selected, have been appointed. The petitioner has also stated that he approached the Director, Primary and Secondary Education, Bikaner, the respondent No. 3 here in, who informed the petitioner that the petitioner has not been appointed for the reason that he only possessed the degree of Shiksha Shastri and not B. Ed. degree. The petitioner has also stated that he approached the Director, Primary and Secondary Education, Bikaner, the respondent No. 3 here in, who informed the petitioner that the petitioner has not been appointed for the reason that he only possessed the degree of Shiksha Shastri and not B. Ed. degree. Feeling aggrieved by the aforesaid decision on the part of the respondents Nos. 1 and 3 not to appoint the petitioner on the post of Head Master, Secondary School, even though he had been selected by the Commission for the said post, the petitioner has filed this writ petition wherein he has prayed that appropriate writ order or direction may be issued directing the respondents to give appointment to the petitioner on the post of Head Master, Secondary School in pursuance of the letter of selection issued by the Commission on 4th June, 1985. 3. A notice was issued to the respondents requiring them to show cause as to why the writ petition may not be admitted and in response to the said notice, a reply has been filed on behalf of the respondents Nos. 1 and 9. In the said reply it has been stated that the Shiksha Shashtri training was recognised by the State Government vide order dated 17th June, 1968 only for teaching Sanskrit subject. In the said reply it has also been stated that since the petitioner does not possess the B.Ed, degree, but only possesses the degree of Shiksha Shastri which is recognised only for teaching Sanskrit subject, the petitioner is not fully qualified for the post of Head Master according to the Rules and he cannot be appointed on the said post. 4. The petitioner has filed a rejoinder to the said reply. 5. At the request of the learned counsel for the petitioner and the learned Deputy Government Advocate, arguments were heard on the writ petition for the purpose of final disposal at the stage of admission. 6. The post of Head Master, Secondary School is included in group 'F' of Schedule I to the Rules. The appointment on the said post is made by direct recruitment as well as promotion in the ratio of 50:50 and the minimum qualification and experience that have been prescribed for direct recruitment are as under: "1(a) Bachelor's degree or diploma in education; (b) Experience of teaching High/Jr. The appointment on the said post is made by direct recruitment as well as promotion in the ratio of 50:50 and the minimum qualification and experience that have been prescribed for direct recruitment are as under: "1(a) Bachelor's degree or diploma in education; (b) Experience of teaching High/Jr. HSS/Higher Secondary Class for 5 years or experience of administrative charge of Middle Schools for 4 years and of teaching High/Jr. HSS/Hr. Secondary Classes for 3 years; Note: (1) Degree or Diploma referred to above shall be of a University established by Law in India or of foreign University recognised as equivalent here to by the Government; Note:(2) Teaching in STC/BSTC/Schools will be deemed as equivalent to teaching in High/Jr. Higher Secondary/Higher Secondary Classes. 7. The advertisement that was issued by the Commission also prescribes the qualification in the same terms as the aforesaid Rules. In the present case there is no dispute that the petitioner possesses the degree of Bachelor of Art of the University of Rajasthan and the degree of Shiksha Shastri of the University of Rajasthan. 8. Shri Soni, the learned counsel for the petitioner has urged that degree of Shikasha Shastri granted by the University of Rajasthan, is a degree in Education and since it has been granted by the University established by law in India, the petitioner possesses the prescribed qualification for the post of Head Master for Secondary School as laid down in the Rules and he could not be denied appointment on the said post on the ground that he does not fulfil the qualifications prescribed in the Rules for the said post. The learned Dy. Government Advocate has, on the other hand, urged that the degree of Shiksha Shastri possessed by the petitioner, has been recognised by the State Government by order dated 17th June, 1968 only for the purpose of teaching Sanskrit subject and since it has been recognised for the limited purpose only, it cannot be said that the petitioner fulfils the qualifications that are prescribed in the Rules for the post of Head Master. Secondary Schools. 9. In my view the aforesaid contention urged by the learned Dy. Government Advocate cannot be accepted. For the purpose of appointment on the post of Head Master, Secondary Schools, qualifications as prescribed in the Rules alone have to be taken into consideration. Secondary Schools. 9. In my view the aforesaid contention urged by the learned Dy. Government Advocate cannot be accepted. For the purpose of appointment on the post of Head Master, Secondary Schools, qualifications as prescribed in the Rules alone have to be taken into consideration. Under the Rules what is required is that the candidate for direct recruitment must possess a Bachelor's degree or diploma in education. According to note 1 the said degree or diploma shall be of a University established by law in India or of foreign University recognised as equivalent hereto by the Government. There is no doubt that the University of Rajasthan in University established by Law in India. The only question is as to whether the degree of Shiksha Shastri granted by the University of Rajasthan is a degree in Education. The learned by. Government Advocate has invited my attention to Ordinance 81-C and Ordinances 329-L-68 to 75 framed by the University of Rajasthan relating to degree to the Shiksha Shastri examination of the University as well as the Regulations prescribing the examination. A perusal of the aforesaid Regulation shows that the syllabus for the degree of Shiksha Shastri relates to the field of education and teaching and the degree of Shiksha Shastri is a degree in education. This conclusion also finds support from the marks-sheets that are issued by the University of Rajasthan for the Shiksha Shastri examinations. One such marks-sheet has been annexed as Annexure 7 to the writ petition, where in the words "B. Ed." have been put in bracket after Shiksha Shastri which indicates that the University of Rajasthan treats the Shiksha Shastri at par with B. ED. and, therefore, the degree of Shiksha Shastri issued by the University is a Bachelor's degree in Education. Once it is held, that the degree of Shiksha Shastri issued by the University of Rajasthan is a Bachelor's degree of Education, the conclusion follows that the petitioner possesses the necessary qualification for appointment on the post of Head Master, Secondary School under the Rules, The order of the State Government dated 16th July, 1968 directs that the Shiksha Shastri examination conducted by the Rajasthan Sanskrit Shikshak Prashikshan Vidyapith, Jaipur would be recognised only for the purpose of teaching the Sanskrit subject. The degree of Shiksha Shastri which has been conferred on the petitioner, was on the basis of the passing the examination conducted by the University of Rajasthan. The said notification, therefore, does not apply to the degree of Shiksha Shastri granted by the University of Rajasthan. Moreover, the aforesaid order dated 16th July, 1968 which is only in the nature of administrative direction, cannot override the statutory provisions contained in the Rules and in these circumstances on the basis of the order dated 16th July, 1968 it cannot be said that the petitioner was not qualified for appointment on the post of Head Master, Secondary School under the Rules. 10. In the result the writ petition succeeds and the respondents Nos. I and 3 are directed to appoint the petitioner on the post of Head Master Secondary School on the basis of the letter of selection dated 14th June, 1985 issued by the Commission. No order as to costs.Petition allowed. *******