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Rajasthan High Court · body

1993 DIGILAW 577 (RAJ)

Mohan Lal Yadav v. State of Rajasthan

1993-09-14

N.L.TIBREWAL

body1993
JUDGMENT 1. - The matter relates to eligibility of the petitioner for admission in Stock Assistant Training Course. 2. In brief, the facts are that vide advertisement dated 20.8.1991 (Annexure 2), the Director, Sheep & Wool Department, Rajasthan Jaipur, invited applications for admission in Stock Assistant Training Course, which was for eight months. The requisite educational qualification for eligibility to the training course was given as 'Higher Seconder with Science' subject from a recognissed Board. The petitioner's application was rejected by the Authority on the ground that he did not possess the requisite qualification. As per averments made in the petition, the petitioner passed Secondary School Examination, from the Board of Secondary Education Rajasthan, Ajmer in the year 1989 with Science Biology, and optional subjects of Physics, Chemistry and Biology. He did his Higher Secondary Examination (10+2 Scheme), in the year 1991, with optional subjects of Biology, Agronomy, Horticulture, Animal Husbandry and Dairying, and compulsory papers of Hindi and English. It was stated by the petitioner that applications of only those candidates were considered, who had passed 'Higher Secondary Examination' (under old Scheme) or 'Senior Higher Secondary Examination '(under 10 + 2 Scheme) with Science subjects. The candidates who passed the aforesaid examination with 'agriculture' as optional subject were not considered/selected for the training. The training was started from 10.5.1993. 3. It was vehemently contended by Mr. Katta that as per the syllabus prescribed for the Course, the educational qualification for admission in the course was Higher Secondary from a recognised Board/University in the subject of Biology including Agriculture Science and the petitioner possessed the same. Learned counsel urged that in the training course the subjects of Animal Husbandry, Dairying and Biology are relevant and the subjects of Physics, Chemistry and Mathematics have no relevance. Therefore, only those students who passed Higher Secondary Examination (under old Course) or Senior Higher Secondary Examination (under 10+2 Scheme) with optional subjects of Biology, Agronomy, Horticulture, Animal Husbandary and Dairying should be given admission for training, and in any case they should be given preference. It was, then, consented that 'Agriculture' is also a science subject and a wide interpretation should be given to the word 'Science. It was, then, consented that 'Agriculture' is also a science subject and a wide interpretation should be given to the word 'Science. Attention was drawn towards Ordinance 218 of the University of Rajasthan to show that in the degree course of 'Bachelor of Science' the options subjects include Sheep and Wool, Livestock and Leather, Livestock and Dairying Agriculture and Crop Science. Learned counsel also placed reliance on a judgment of this Court rendered by a learned Single Judge in S. B. Civil Writ Petition No. 3724/90, Radhey Shyam Vs. State of Rajasthan, decided on 11.4.1991 . 4. On the other hand, Mr. Rafique, with equal eloquence, contended that in the writ petition the petitioner has mentioned old Syllabus of 1982, which is no more in existence as the Syllabus was revised by a new Syllabus, which was introduced in the year 1992, and is in consonance with the Scheme and the Rules. He submitted that the Government of Rajasthan, under its order dated 11.11.1992, issued by the Director, Sheep & Wool Department Rajasthan, Jaipur, has amended clauses (3.1) and (5.7) of the old Syllabus and it now provides the educational qualification for admission to the Stock Assistant Training Course, as the 'Certificate Course of Higher Secondary' in Science or 'Senior Higher Secondary in Science' under the Scheme of 10+2. Photostat copy of the order has been placed on record as Annexure R-1. Counsel further contended that after considering the aforesaid amendment in the Syllabus, this Court dismissed S. B. Civil Writ Petition No. 2633/1993, (Shyam Lal Sharma V/s State of Rajasthan), vide order dated 21.5.1993 , and case of petitioner is squarely covered by this judgment. Thus, according to the respondents, the petitioner did not possess the requisite educational qualification to get admission in the training course and he was rightly declined admission like other candidates possessing similar qualification. Learned counsel also drew my attention to the Syllabus of Higher Secondary/Senior Higher Secondary Examination, to show that the subject of 'Agriculture' was a distinct subject from 'Science' which included the subjects of Biology, Physics. Chemistry and Mathematics. It was then submitted that Rajasthan Sheep and Wool Subordinate Service Rules 1975, provided the requisite educational qualification of 'Higher Secondary with science 'for appointment on the posts of Stock Assistant, Wool Grader, Stockman and Counter Clerk. Chemistry and Mathematics. It was then submitted that Rajasthan Sheep and Wool Subordinate Service Rules 1975, provided the requisite educational qualification of 'Higher Secondary with science 'for appointment on the posts of Stock Assistant, Wool Grader, Stockman and Counter Clerk. The learned counsel, therefore, contended that the training shall be futile for a candidate who did not pass Higher Secondary or Senior Secondary Examination with Science subjects. 5. I have given my careful consideration to the above submissions. Primarily it is for the concerned Department/Authority to prescribe educational qualification for the training course of Stock Assistants and this Court does not sit upon their wisdom, unless it is found contrary to statutory provision. A bare perusal of new Syllabus (Annexure R.1) makes it clear that minimum qualification for the training of Stock Assistants is Higher Secondary in Science (old course) or Senior Higher Secondary in Science (under 10+2 Scheme). The advertisement Annexure 2, also prescribes requisite qualification as "Higher Secondary with Science subject". Hence, only those candidates are eligible for training who passed Higher Secondary (old course) of Senior Higher Secondary (10+2 scheme) in Science. I may state here that in the present writ petition, the aforesaid educational qualifications prescribed for admission have not been challenged The only question, therefore, arises for consideration is as to whether a student who passed Higher Secondary in old course or Senior Higher Secondary Examination under 10+2 scheme with 'Agriculture' subject, can be said to possess the requisite qualification as per the syllabus. This question can be answered from the Syllabus prescribed for Higher Secondary in Science (old Course) or Senior Higher Secondary in Science under 10 + 2 Scheme. The Syllabus for Higher Secondary Examination under the old course provides Hindi and English as compulsory subjects, while optional subjects have been classified in the following categories (1) Arts, (2) Science, (3) Commerce, (4) Agriculture, (5) Home Science, (6) Fine Arts. 6. In the category of Science, there were four Subjects viz. Physics, Chemistry, Biology & Mathematics and a candidate was required to opt three subjects out of them, but Physics and Chemistry were compulsory. Thus, as per this Syllabus, a candidate could be said to have passed Higher Secondary in Science, if he passed with the subjects Physics, Chemistry and Biology/Mathematics. Agriculture was given a separate category and it was not included in the category of 'Science'. Thus, as per this Syllabus, a candidate could be said to have passed Higher Secondary in Science, if he passed with the subjects Physics, Chemistry and Biology/Mathematics. Agriculture was given a separate category and it was not included in the category of 'Science'. A candidate, who passed Higher Secondary in 'Agriculture' cannot be said to have passed the Examination in 'Science' or with Science Subjects. 7. Similarly, in Senior Higher Secondary Course, under 10+2 scheme, the optional subjects are classified in different categories. In Science, the subjects included are Physics, Chemistry, Biology & Mathematics. Agriculture has been given a different independent category as 'Agriculture'. Therefore, only those students could be said to possess the qualification of Higher Secondary in Science or Senior Higher Secondary in Science under 10 + 2 Scheme, who passed the Examination with the subjects prescribed for the category of 'Science'. Candidates passing Higher Secondary/ Senior Secondary Examination with optional subjects prescribed for 'Agriculture Category' are given Certificates in 'Agriculture' and not in 'Science'. 8. In the instant case, as per new Syllabus the minimum qualification for the training was Higher Secondary in Science (old Scheme) or Senior Higher Secondary in Science (10+2 Scheme)of a recognised Institution. Admittedly, the petitioner did not possess this qualification, as he did not pass Senior Higher Secondary Exam. in Science, but passed in Agriculture with subjects of Biology, Agronomy, Horticulture, Animal Husbandry & Dairying. 'Agriculture' was a different category from 'Science' and different subjects were thought in the two categories I, therefore, have no hesitation to agree with the view taken by Hon'ble the Chief Justice in Shyam Lal's case (supra). 9. Apprehending this situation, the learned counsel also contended that the word 'Science' should be given wide connotation so as to include 'Agriculture' also, keeping in view the nature of the training which was being imparted to the candidates of the Course. This prayer cannot be accepted for two reasons. Firstly, the new Syllabus has not been challenged which prescribes 'Science' in Higher Secondary or Senior Higher Secondary (10+2 Scheme). Secondly, in the Writ Petition, as well as, during the course of arguments sufficient material was not placed before me to examine as to whether the new Syllabus, prescribing education qualification for the training was arbitrary. 10. The case may be judged from another angle also. The aforesaid. Secondly, in the Writ Petition, as well as, during the course of arguments sufficient material was not placed before me to examine as to whether the new Syllabus, prescribing education qualification for the training was arbitrary. 10. The case may be judged from another angle also. The aforesaid. training is given to provide employment to the candidates on the posts of Wool Grader, Stock Assistant, Stockman and Counter Clerk. As per the Rajasthan Sheep & Wool Subordinate Service Rules, 1975, the qualification for these posts is provided as under:- "Higher Secondary with Science with specialised training in Wool Grading for Wool-Graders and training in Sheep and Wool from a recognised institute for Stock Assistant/Stockman/Counter clerk/ Laboratory Assistant." 11. This statutory provision requires Higher Secondary with Science as the minimum qualification for appointment to the post of a Stock Assistant. It appears that the new Syllabus was changed keeping in view the educational qualification required for appointment to the above mentioned posts. Mr. Rafique is right when be contended that the training of Stock Assistant would be futile if appointment could not be provided to the candidates after training for want of requisite educational qualification. 12. In view of the aforesaid discussions, I find no merit in the petition and it is hereby dismissed. 13. No costs.Petition dismissed. *******