JUDGMENT 1. - The facts giving rise to the instant special appeal are that the appellant on being selected was appointed on the post of Senior Teacher Grade-11 by the Deputy Director (Female), Jodhpur by order dated 27.8.1997. However, because of certain family problems, she could not take up the appointment. Subsequently, in response to the notification issued by the second respondent for the post of Senior. Teacher Grade it in various subjects including English for the session 1988-99, the appellant again applied. Her candidature was rejected on the ground that she did not possess requisite qualification, inasmuch as, that the mark-sheet of third year disclosed that she had studied only one subject i.e., English. She did not study any other subject for the final year. As per the advertisement, a candidate was required to possess a Bachelors Degree with English Literature as one of the optional subjects. 2. The learned Single Judge dismissed the writ petition having recorded the finding in para 6 which reads as follows:- "It is clear from advertisement Annexure- 4 itself that requirement for eligibility is the degree of Bachelor in English literature with one subject in addition to it which is taught in the classes of secondary. Admittedly, since the petitioner is not possessing this requisite qualification of degree with additional subject which Is taught in the classes of secondary, therefore, her candidature was rightly rejected by the respondents." 3. The learned counsel has invited our attention to the mark-sheets of all the three years. The mark-sheet of First B.A. Examination held in April, 1992 shows that she had offered English, Hindi and Psychology as optional subjects. The mark-sheet of Second B.A. Examination held in May, 1993 again shows that she had offered English, Hindi and Psychology as optional subjects. The mark-sheet Of Third B.A. (Special) Degree Examination held in April, 1994 shows that she had studied English as special subject. Annexure- 1 shows that she has been awarded B.A. Degree from the Gujarat University in first division with English as special subject 4. In the State of Gujarat, there are two courses one is special course and another is pass course. The special course is infect a Honours Course. For B.H.(Hons.) Course, in the State of Rajasthan also in Final so Year, only specialised paper is offered.
In the State of Gujarat, there are two courses one is special course and another is pass course. The special course is infect a Honours Course. For B.H.(Hons.) Course, in the State of Rajasthan also in Final so Year, only specialised paper is offered. The view taken by the respondent authorities shows that they have absolutely no idea of Honours Course. It is always placed on higher pedestrian than pass course. The appellant has studied six papers in First Year and Second Year. In the Third Year, she has studied specialised paper of English. It is unfortunate that a brilliant candidate possessing First Class B.A. (Hons) Degree in English Literature has been rejected in preference of graduate pass course. 5. Consequently, we allow the special appeal and set aside the judgment of the learned Single Judge dated 24.10.2002 and allow the writ petition. We direct the respondents to consider the candidature of the appellant for appointment on the post of Senior Teacher (English) Grade-II and in case the stands in merit, she may be given appointment on the said post in accordance with the merit from the date persons less meritorious have been given appointment. She will be entitled to all consequential benefits except the salary for the period for which she has not worked. No order as to costs.Special Appeal Allowed. *******