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1993 DIGILAW 35 (RAJ)

Ram Dass Verma v. State Of Rajasthan

1993-01-19

G.S.SINGHVI

body1993
JUDGMENT 1. -The petitioner, who is a member of Scheduled Caste being Bairwa by caste has filed this writ petition for issue of a direction to the respondent No. 2 namely the District Education Officer (Boys), Bikaner to consider his candidature for appointment on the post of Librarian Gr. III. 2. Facts of the case lie in a very narrow compass and they are that the petitioner passed his secondary school examination in the year 1987 from the Board of Secondary Education, Rajasthan Ajmer. He passed Hr. Secondary from the same Board in the yea: 1988. He passed Library Science course from the University. of Ajmer in the year 1991. He got himself registered with the Social Welfare Department at Sikar. The petitioner applied for appointment on the post of Librarian Gr. III in pursuance of the advertisement issued on 9.1.92 by the District Education Officer (Boys), Sikar. The petitioner was treated eligible for being called for interview and therefore, he was asked to appear for interview on 17.3.92, as would appear from the letter dated 7.3.92 (Annexure-6). The petitioner has stated that when the merit list was prepared by respondent No. 2, his name was placed at serial No. 6. However, when the final select list was issued, his name was not shown in the list on the ground that he has not been considered eligible for being selected in the post because he had not produced a certificate showing. himself to be a permanent resident of Sikar. 3. The petitioner has stated that his father has been working as Malaria Inspector in the Medical and Health Department and is posted at Chhawni, Nim Ka Thana, District Sikar. He has produced a certificate issued by the Sub-Divisional Officer, Nim Ka Thana as well as a certificate issued by the Medical Officer, Primary Health Centre, Sirohi, District Sikar and the District Social Welfare Department showing that his father's family is a permanent resident of District Sikar. 4. Since no reply has been filed, the facts remained un-controverted and the writ petition deserves to be disposed of by treating those facts as correct. 5. Annexure-5, the advertisement, contains a note that in terms of the circular dated 10.5.89 issued by the Director, Primary and Secondary Education Rajasthan, Bikaner, the candidate must be a permanent resident of Sikar and he should produce a certificate issued by a competent officer. 5. Annexure-5, the advertisement, contains a note that in terms of the circular dated 10.5.89 issued by the Director, Primary and Secondary Education Rajasthan, Bikaner, the candidate must be a permanent resident of Sikar and he should produce a certificate issued by a competent officer. Recruitment to the post of Librarian Gr. III is required to be made in accordance with the Rajasthan Education Subordinate Service Rules, 1971 and none of the rules contained in these Rules prescribe that the requirement of permanent resident of a particular district as an essential condition for the purpose of appointment in the post of Librarian Gr. III. 6. Action taken by respondent No. 2 on the basis of an administrative circular issued by the Director is not sustainable for two reasons. Firstly, in the absence of any power having been conferred on the Director to impose additional conditions of eligibility, it was not open to the Director to have issued circular dated 10.9.89 laying down the condition of permanent resident as a condition precedent for the post of Librarian Gr.III. Secondly, even if it is assumed that the Director have such a power, the same is violative of Article 14. In P. Rajendran and others v. State of Madras and others, AIR 1968 SC 1012 , their Lordships of the Supreme Court have held that in the process of selection of the candidates for admission to first year integrated M.B.B.S. course, condition of permanent resident of a particular district, violates the constitutional provision of equality. What has been sought to be done by the impugned circular is to restrict the eligibility of the candidates to those who are permanent residents of Sikar and thus excluded candidates belonging to all other districts of Rajasthan. 7. Consequently, the writ petition is allowed. Respondent No. 2 is directed to treat the petitioner eligible for selection in the post of Librarian Gr. III. In case the petitioner is selected on the basis of merit, the District Education Officer should issue order of appointment within a period of one month in favour of the petitioner, in accordance with the merit assigned to him. He shall however be not entitled to the benefit of actual payment i.e. for one month of the submission of certified copy of this order. Costs made easy.Writ petition allowed. *******