JUDGMENT 1. : The point involved in this case is whether the academic, technical qualification and experience as provided in Rule 11 of the Rajasthan Panchayat Samitis and Zila Parishad Rules, 1959 (hereinafter referred to as 'the Rules') can be amended by depart- mental instructions. The answer obviously would be 'no'. 2. In the instant case, the petitioner passed her secondary school certificate examination from Gujarat Secondary School Certification Examination Board, Baroda. Elementary Mathematics was not a compulsory subject. It was the option of the candidate to opt the same or not. In place of Elementary Mathematics the petitioner opted Sanskrit. She obtained Bachelor's degree from Gujarat University. Therefore, she passed her M.A. from University of Rajasthan, Jaipur and B.Ed. from Kota Open University, Kota. 3. Zila Parishad, Bharatpur, through its Chief Executive Officer and Secretary (opposite party No. 3) invited applications for appointment of Women Teachers Grade-III (Primary School Teacher) under the 'Operation Black Board Scheme'. The petitioner fulfilled all the minimum requisite qualifications. She submitted her application which was received in the office of the opposite party No. 3 on 21.9.1991. In the advertisement, it was mentioned that the candidate should have passed secondary or Matric with English, Mathematics and General Science. The age limit was 38 years. The petitioner being of 34 years of age at that time and having the requisite qualifications applied for the same. 4. Result of the selection was declared but the petitioner's name did not appear therein. She has been denied appointment because of not having Mathematics as a subject in her secondary examination as prescribed by the circular dated 26.2.1991. 5. The recruitment and other conditions of service of Teachers Gr. III (Primary School Teacher) are regulated under the provisions of the Rule. In the Schedule attached to the Rules, the post of Primary School Teacher has been included at Sl. No. 2 which runs as follows: S.N. Category of Post Post from which appointment can be made by promotion Minimum experience and qualification required for promotion Remarks. 2. Primary School Teachers (i)Holders of untrained matric grade Must be matric and trained The minimum qualification required for direct requirment in appointment can respect of women candiates shall be middle standard or concerned course of training conducted by insititutions recognised by the State Govt. or the Central Govt. 2. Primary School Teachers (i)Holders of untrained matric grade Must be matric and trained The minimum qualification required for direct requirment in appointment can respect of women candiates shall be middle standard or concerned course of training conducted by insititutions recognised by the State Govt. or the Central Govt. (ii) Holders of trained middle Grade Must have passed Matric Note: The minimum qualification for direct recruitment in respect of women candidates shall be Matric and STC trained or any other qualification declared equivalent to Matric trained by the Education Department of the Government of Rajasthan.Provided that in case of non-availability of trained women candidates in Tribal District of Durgarpur and Banswara and Desert District of Barmer and Jaisalmer, the minimum qualification may be untrained Matric or equivalent"Rule 11 of the Rules is quoted below:- "11. Academic qualifications and qualifying service: - A recruit to the various categories of service must possess the minimum educational qualification and experience detailed in schedule to these rules." 6. This rule nowhere prescribes Elementary Mathematics as essential qualification for being appointed as Teacher Grade-III (Primary School Teacher). 7. The circular dated 26.2.1991 adding something more to the Rules, is without jurisdiction. In substance, the Rule stand amended by means of which circular which is not permissible under law. 8. State Counsel has contend that the petitioner has been denied appointment only on the ground that she did not have elementary Mathematics as a subject in Secondary examination and therefore, in terms of the advertisement she was not qualified to be considered. But he has not been able to explain as to how the rule could be amended by executive instructions. 9. A similar controversy came for consideration in Writ Petition Nos. 7140/91 and 1686/92 wherein the advertisement issued for selection of the Teacher Gr. III mentioned Mathematics as a subject and the petitioner in that case was disqualified for being considered. The Court while allowing the writ petition was of the view that so far as the academic qualification is concerned, the requirement of the rule is that the candidate must pass Secondary examination or equivalent examination recognised by the Government of Rajasthan. He must also possess training qualification. The Court while allowing the writ petition was of the view that so far as the academic qualification is concerned, the requirement of the rule is that the candidate must pass Secondary examination or equivalent examination recognised by the Government of Rajasthan. He must also possess training qualification. It was held in that case that providing some extra qualification in the advertisement on account of the departmental circular beyond the Rules, was wholly illegal and accordingly, the respondents were directed to consider the case of the petitioner of that for appointment. 10. In the instant case, there is no dispute that the educational qualification which the petitioner possessed, was equivalent to Secondary Examination of Rajasthan. The only objection was that the petitioner could not be considered because in the advertisement Mathematics subject was also mentioned. 11. Since the Rules itself are exhaustive, the executive authority does not derive jurisdiction from any authority to modify or amend the minimum educational requirements; if it does so, it will be exceeding the jurisdiction. Therefore, the circular issued on 26.2.1991 was wholly illegal. 12. The petitioner having possessed the minimum requisite qualification, was entitled to be considered for appointment. 13. During the pendency of the writ petition she has become overage but the respondents while considering her case will not raise any objection on this point. 14. The action of the respondents in not considering the petitioner's case for appointment to the post of Teacher Grade-III was illegal, arbitrary and discriminatory. 15. The writ petition succeeds and is allowed. The respondents are directed to consider the case of the petitioner for appointment on the post of Teacher Gr. III, within a period of three months from the date of the filing of certified copy of this order before the opposite party No. 3. No order as to costs.Petition allowed. *******