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Rajasthan High Court · body

1994 DIGILAW 858 (RAJ)

Kamlesh Kumari v. State of Rajasthan

1994-11-02

N.C.KOCHHAR

body1994
JUDGMENT 1. - The petitioners who are Graduates and have also obtained the degree of Bachelor in Education (B.Ed.) have not been considered for the post of teachers although they have applied in response to the advertisement issued by the respondents for recruitment of teachers on the ground that they had not passed their matriculation examination with General Science as one of the subjects as mentioned in the advertisement. The petitioners have approached this court by filing this writ petition. 2. The ground taken in the writ petition is that according to the rules the minimum qualifications prescribed for the recruitment of primary school teacher is matric and should be trained and it is not specified in the rules that in the matriculation examination one of the subjects studied and passed should be the General Science. 3. On receipt of notice, the learned Dy. Government Advocate has appeared and has filed reply. 4. I have heard the learned counsel for the parties and have also perused the record of the case. 5. According to the rules quoted in para 7 of the writ petition, the only requirement of educational qualification is matric and the candidate should be trained and there is no provision that in the matriculation examination the candidate, for the post of primary school teacher, should have studied and passed the General Science examination. In the advertisement quoted at page 7 of the writ petition a condition of General Science paper has been incorporated. During the course of the arguments the fact that there is no provision in the rules for the candidate having passed the General Science paper in matriculation examination and that in the advertisement it has been so incorporated against the rules is not disputed. This court while deciding Miss Godawari Chhablani Vs. District Education Officer (Primary Education), Topdara, Ajmer & ors, SB Civil Writ Petition No. 2574/93 decided on 17.9.1993 had already held that the advertisement in variance of the rules is not permissible and that the appointment cannot be denied on the ground that the qualification specified in the advertisement, which is contrary to the rules, was not acquired by the candidate concerned. It is not disputed that the above said judgment squarely covers the cases of the petitioners. 6. It is not disputed that the above said judgment squarely covers the cases of the petitioners. 6. Consequently, following the abovesaid judgment, I allow this writ petition and direct the respondents to consider the cases of the petitioners, who have applied for the post of primary school teacher in response to the advertisement concerned, within two months from today, and, if found suitable, should be granted same seniority that would have been given to them if the appointment had not been denied to them on the abovesaid ground. 7. Before parting with this writ petition, it is observed that such like cases are often brought to the court in spite of the fact that the decision on the point has been rendered by this court in the above noted case and also in other cases. The State Government should see that the decisions rendered by this court and this decision should be applied to all the similar cases whether they come to court or not as non-application of the decisions to those who have not come to the court results in injustice and force the parties to unnecessarily approach this court. 8. The writ petition stands disposed of accordingly. The respondents shall pay to the petitioners the costs of and incidental to this writ petition. 9. A copy of this order should be sent to the Secretary, Education (Primary Education) Government of Rajasthan, Jaipur for information and compliance.Petition allowed. *******