JUDGMENT 1. - The prayer of the petitioners in the present group of petitions is (i) to quash the circular dated August 19, 1998 issued by the Secretary Rural Development and Panchayati Raj Department Jaipur clarifying the eligibility clause of the advertisement for appointment/recruitment to the post of Primary School Teachers/Teacher Grade III and super-imposing the eligibility conditions that qualification of Senior Secondary (Vocational) is not equivalent to Senior Secondary (Academic) and (ii) to direct the respondents to consider the case of the petitioner after treating them eligible and to appoint them to the posts of Primary School Teachers/ Teacher Grade M. 2. The respondents in the month of June 1998 advertised in their respective Zila Parishads various posts/ vacancies of Teacher Grade IIU Primary School Teachers to be filled by direct recruitment. The provisions for recruitment to the said posts are contained in the Rajasthan Panchayati Raj Act 1994 (for short the Act of 1994) and Rajasthan Panchayati Raj Rules, 1996 (for short the Rules of 1996) Rajasthan Panchayat Samiti and Zila Parishad Service is constituted in accordance with Section 89 of the Act which provides thus"89. Constitution of the Rajasthan Panchayat Samiti and Zila Parishad Service.-There shall be constituted for the State service designated as the Rajasthan Panchayat Samiti and Zila Parishad Service and hereafter in this section referred to as the service and recruitment thereto shall be made district wise. (2) The Service may be divided into different categories, each category being divided into different grades, and shall consist of- (i) village level workers; (ii) Gramsevikas; (iii) Primary School teachers; and (iv) ministerial establishment (except Accountants and Junior Accountants). (3) The State Government may encadre in the service any other category or grade of officers and employees of Panchayat Samities and Zila Parishads not included in Class IV Services. (4) The State Government may prescribe the duties, functions and powers of each grade and each category of officers and employees encadred in the service. (5) All appointments to posts in the service shall be made- (a) by direct recruitment, or (b) by promotion; or (c) by transfer. (4) The State Government may prescribe the duties, functions and powers of each grade and each category of officers and employees encadred in the service. (5) All appointments to posts in the service shall be made- (a) by direct recruitment, or (b) by promotion; or (c) by transfer. (6) Appointment by direct recruitment shall be made by a Panchayat Samiti or Zila Parishad, as the case may be, in accordance with the rules made in this behalf by the State Government from out of the persons selected for the posts in a grade or category in the district by the District Establishment Committee referred to in sub-section (1) of section 90, (7) xxx (8) xxx (9) xxx (10) xxx (11) xxx 3. It is thus evident that appointment by direct recruitment to the post of Primary School Teacher is made by Panchayat Samiti or Zila Parishad in accordance with the Rules. In Chapter 12 of the Rules the provisions for recruitment and other conditions of service for various categories of posts including the post of Primary School Teacher have been incorporated. Rule 266 of the Rules provides that the post of Primary School Teacher shall be filled in 100% by direct recruitment from amongst the candidates fulfilling qualification of Senior Secondary with B.S.T.C. Course. An amendment was introduced in Rule 266 vide Notification dated May 7, 1998, as under "G.S.R. 16. In exercise of the powers conferred by Section 102 read with Sections 78 and 89 of the Rajasthan Panchayati Raj Act, 1994 and all other powers enabling it in this behalf the State Government hereby makes the following Rules further to amend the Rajasthan Panchayati Raj Rules, 19%, namely:- 1. Short title and commencement.- (i) These Rules may be called the Rajasthan Panchayati Raj (Amendment) Rules, 1998. (ii) They shall come into force on the date of their publication in the official Gazette. 2. Amendment in Rule 266.- The existing clauses (1), (2) & (3) together with 'Note' of Rule 266 of the Rajasthan Panchayati Raj Rules, 19% (hereinafter referred to as the said Rules) shall be substituted by the following, namely:- "(1) L.D.C. 85% by direct recruitment and 15% by promotion) 3(i) Senior Secondary under new (10+2) Scheme or Higher Secondary undero ld scheme from Rajasthan Board of Secondary Education or equivalent (ii) Typing speed of 20 and 25 words per minute in Hindi and English typing respectively. (2) V.L.W. cum Secretary Trained (100% by direct recruitment) (i) Senior Secondary under new (10+2) scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education equivalent (3) Primary School Teacher 100% by direct recruitment) (i) Senior Secondary under new (10+2) scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education or equivalent and Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with 5 subject, 3 of them shall be Mathematics, English and Hindi. (ii) B.ST.C. Course." A bare look as qualification prescribed demonstrates that the Legislature has not made any distinction regarding eligibility amongst the candidates possessing qualification of Senior Secondary (Academic) or Senior Secondary (Vocational). According to Rule 266 a recruit who possess Senior Secondary certificate with B.S.T.C. course is eligible to be considered as Primary School Teacher. Rule 266 does not treat differently the 'Vocational' and 'Academic' certificates of Senior Secondary examination. 4. Therefore the question that arises now is that if there was no ambiguity in Rule 226 then why the Govt. had to issue the impugned circular superimposing the eligibility condition. 5. The plea of the respondents is that the petitioners do not fulfil the eligibility criteria as such they have not been considered for appointment rightly. Impugned circular dated August 19, 1998 was issued in view of directions given by this court in various judgments under Rule 273 of the Rules of 19% which empowers the State Government to issue general directions from time to time with regard to qualification and eligibility. In (1) D.B. Special Appeal No. 699/1993 Gurmail Kaur v. Zila Parishad Sri Ganganagar decided on November 14, 1994 and (2) D.B. Special Appeal No. 857/1997, Rajpal Singh and others v. Director Gramin Vikas decided on May 13, 1998 it was propounded by this Court that for the purposes of appointment to the post of Teacher Grade III the qualification of Senior Secondary (Vocational) is not to be treated as equivalent to Senior Secondary (Academic). 6. I have reflected over the rival submissions and carefully scanned the material on record as well as the case law cited before me. 7. 6. I have reflected over the rival submissions and carefully scanned the material on record as well as the case law cited before me. 7. Issues that have arisen for my consideration in the light of the diverse contentions raised before me, can be summarised as under - (i) whether the State Government is entitled to clarify Rule 266 of the Rules of 19% without taking recourse of section 102 of the Act of 1994. (ii) whether Rule 273 of the Rules of 1996 gives power to the State Government to superimpose the eligibility condition. (iii) Can the observations of this court in various other cases that the qualification of Sr. Secondary (Vocational ) is not to be treated as equivalent to Sr. Secondary (Academic) be implemented without making amendment in Rule 266 of the Rules of 1996. (iv) Can the State Government in the month of August 1998 amend the eligibility clause published in the advertisement in June, 1998 much after the presentation of the applications by the candidates. 8. Undeningly, in the advertisement published in the month of June 1998, nowhere it was mentioned that only those candidates shall be eligible for appointment to the post of Primary School Teacher, who possess Sr. Secondary (Academic) Certificate with B.S.T.C. Course. According to advertisements all those candidates were eligible who were possessing Sr. Secondary Certificate with B.S.T.C. course. Distinction of 'Vocational' and 'Academic' was not made in the advertisements. Therefore the petitioners who were having Sr. Secondary (Vocational) Certificates and also passed B.S.T.C. Course, submitted applications seeking appointment to the post of Primary School Teacher. The qualification incorporated in the advertisements, was strictly in accordance with the Rule 266 of the Rules of 19% and there was no ambiguity in it. 9. Now it is to be seen whether the State Government could clarify Rule 266 in exercise of powers contained in Rule 273 which provides thus- "273. Written Test-The Committee may hold a written test for all categories of service except drivers and Class IV. Question papers will be set as per directions of the State Government. D.E. C. will prepare the merit list on such basis : Provided that selections for the various posts shall be made in accordance with the general direction given by the State Government from time to time in this respect. Question papers will be set as per directions of the State Government. D.E. C. will prepare the merit list on such basis : Provided that selections for the various posts shall be made in accordance with the general direction given by the State Government from time to time in this respect. It may not be necessary to call the candidates for interview if so provided in those directions." A bare perusal of Rule 273 reveals that written test may be held by the committee and question papers for such test will be set as per direction of the State Government and D.E.C. will prepare the merit list. Proviso appended to Rule 273 provides that selections for the various posts shall be made by the State Government in accordance with general directions issued from time to time in this respect. 'General directions' under the proviso of Rule 273 relate to written test, question papers and merit list any in my considered opinion no general direction superimposing the eligibility condition provided in Rule 266 can be issued under the proviso of Rule 273. 10. It is well settled that statutory Rules can only be supplemented by administrative orders if the same are silent on any issue or there is any ambiguity. Administrative orders cannot amend the statutory Rules. As already stated Rules of 1996 unambiguously provide minimum qualification as Sr. Secondary with B.S.T.C. course for appointment as Primary School Teacher. There is no ambiguity in Rule 266 warranting clarification through any administrative order. The State Government may make or amend rules by notification in the official Gazette consistent with the Act and to carry out the purposes thereof under section 102 of the Act of 1994. Thus eligibility condition incorporated in Rule 266 can not be clarified or amended without taking recourse to section 102 of the Act of 1994. 1 am therefore unable to agree with the learned counsel for the respondents that clarification through circular dated August 19, 1998 was competent under Rule 273. 11. I do agree with the learned counsel that Primary School Teachers have a significant role in developing child's personality and better qualified and trained teachers are needed for imparting education in Rural areas. 1 am therefore unable to agree with the learned counsel for the respondents that clarification through circular dated August 19, 1998 was competent under Rule 273. 11. I do agree with the learned counsel that Primary School Teachers have a significant role in developing child's personality and better qualified and trained teachers are needed for imparting education in Rural areas. Their Lordships of the Supreme Court in (3) Andhra Kesri Education Society v. Director of School Education (AIR 1989 SC 18) observed that "The teacher alone could bring out the skills and intellectual capabilities of students. He is the engine of the educational system. He is a principal instrument in awakening the child to culture values. He needed to be endowed and energised with needs potential to deliver enlightened service expected of him. His quality should be such as would inspire and motives into action the benefiter." 12. Legislature was conscious of the quality of Primary School Teachers, that is why Rule 273 of the Rules of 1996 in respect of written test was framed. If respondents are of the view that quality of the candidates possessing Sr. Secondary (Vocational) certificate is inferior in comparison to those having Sr. Secondary (Academic) Certificate, then a written test may be conducted and general directions may be issued by the State Government in this regard but in the garb of achieving the object in respect of better quality of school teacher, statutory rule cannot be amended. 13. The issue of equivalence of 'Vocational' and 'Academic' Certificates is not before me therefore the ratio of various judgments cited before me by the learned counsel for the respondents is not applicable in the instant cases but the view expressed by the Division Bench of this Court in Rajpal Singh and others v. Director Gramin Vikas (supra) need to be noticed. The D.B. observed thus- "In our opinion, the qualification for eligibility for the post of Teacher Grade III could not have been changed by circulars when they have specifically been mentioned in the rules. As such, the candidates having certificate of Sr. Secondary (Vocational) which of course could have been obtained after passing secondary examination, were eligible for the post of Teacher Grade III for the relevant year and such candidates have the right for consideration for appointment to the said post." 14. There is yet another aspect. As such, the candidates having certificate of Sr. Secondary (Vocational) which of course could have been obtained after passing secondary examination, were eligible for the post of Teacher Grade III for the relevant year and such candidates have the right for consideration for appointment to the said post." 14. There is yet another aspect. The candidates submitted their applications after looking at the advertisements published in the month of June 1998 according to which the eligibility condition for the post of Primary School Teacher was Sr. Secondary Certificate with B.S.T.C. Course. The candidates having Sr. Secondary (Vocational) Certificate with B.S.T.C. Course were within their right and were eligible to submit the applications as there was no whisper in the advertisement that those who were possessing Sr. Secondary (Vocational) Certificate should not apply. The State Government had issued the circular in the month of August 1998 clarifying the eligibility clause in view of judgments given by this Court. The observations of this court in Raj Pal Singh and other v. Director Gramin Vikas (supra) escaped notice of the State Government. Rajpal Singh's case was decided on May 13, 1998 in the presence of the counsel of the State Government whereas the circular was issued on August 19, 1998. As already stated, the Division Bench in Rajpal Singh's case indicated that qualification for eligibility for the post of Teacher Grade III can not be changed by circulars when it has specifically been mentioned in the Rules. It appears that the Secretary, Rural Development and Panchayati Raj Department Jaipur without reading the judgment of Raj Pal's Singh case issued the Circular superimposing the eligibility condition. The State Government can not be permitted to play hide and seek with its subjects. The impugned circular is thus arbitrary and violative of Article 14 of the Constitution of India. 15. For all the aforesaid reasons I quash the impugned circular dated August 19, 1998 issued to the Secretary, Rural Development and Panchayati Raj Department, Jaipur. I direct the respondents to consider the case of each of the petitioner treating him eligible for the post of Primary School Teacher/ Teacher Grade III, assign him appropriate place in the merit list according to his merit and appoint him on the said post. 16. The writ petitions stand allowed as indicated above.Petition allowed. *******