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Rajasthan High Court · body

2005 DIGILAW 1222 (RAJ)

Jeta Ram Khawa v. State

2005-04-26

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-By this petition for writ a challenge is given to Condition No. (A) in Clause (3) of the advertisement dated 25.02.2004 issued by the Director, Sanskrit Education, Government of Rajasthan, Jaipur. 2. The Director, Sanskrit Education, Government of Rajasthan, Jaipur by the advertisement referred above invited applications from eligible candidates for the purpose of appointment to the post of Teacher Grade II in the subject of Sanskrit against the existing 50 vacancies. Clause (2) of the advertisement provides minimum requisite eligibility for appointment to the post of Teacher Grade II in the subject of Sanskrit which is Shastri with Bachelors Degree in education. The impugned Condition No. (A) to Clause (3) of the advertisement provides that the educational qualification required for appointment in subject of Sanskrit is "Shastri Examination", therefore, the candidates having Bachelor Degree in Arts with Sanskrit as an optional subject shall not be eligible for appointment. The grievance of the petitioner is that the aforesaid condition is running contrary to the eligibility prescribed for appointment as Teacher Grade II in Sanskrit education under the Rajasthan Sanskrit Education Subordinate Service Rules, 1978. Consequently, the petitioner though eligible to be considered for appointment to the post of Teacher Grade II, made dis-entitled to apply to face selection proceedings. 3. The petitioners possess requisite qualification for appointment to the post of Teacher Grade II in accordance with the Rules of 1978 being possessing qualification of B.A. (Honrs.) with Sanskrit and also the Bachelors Degree in Education. Rule 12 of the Rules of 1978 provides that a candidate for direct recruitment to the posts enumerated in Schedule shall in addition to subject experience as is required must prossess qualification given in Column (4) of the Schedule and they should also have working knowledge of Hindi written in Devnagri Script and any one of the Rajasthani dialects. The necessary requirement for recruitment to the post of Teacher Grade II are given in Group (c) to the Schedule appended with the Rules of 1978 which reds as under: Group C Junior Scale S. No.Name of post Minimum academic qualification & experience for direct recruitment Minimum qualification and experience for promotion 1.II Grade Teacher Trained Graduate or Trained Shastri or equivalent qualifications Graduate or Shastri or equivalent Examination with Degree or Diploma in Education or Shiksa Shastri 4. From perusal of the qualification prescribed under the Rules it is apparent that a person having Degree of Graduation with Degree or Diploma in education or Shiksa Shastri is eligible to be appointed as Teacher Grade II under the Rules of 1978 by way of direct recruitment. The qualification prescribed under the Rules is possessed by all the petitioners being possessing Degree of Bachelor in Arts (Honrs.) in the subject of Sanskrit and also the Bachelors Degree in Education. 5. Learned Counsel for the respondents failed to show any amendment made in the Rules of 1978 deleting the qualification i.e., of Graduate in the Rules of 1978 as an eligibility for appointment to the post concerned. The qualification prescribed under the Rules of 1978 has been modified by the respondents in advertisement dated 25.02.2004. The qualification prescribed as minimum eligibility for appointment to a post under the rules cannot be changed by administrative instructions or under the advertisement while inviting applications for filling up the vacancies. As stated above under, the Rules of 1978 the requisite qualification for appointment to the post of Teacher Grade II in the subject of Sanskrit is Graduation or Shastri with degree or diploma in education, therefore, there was no just and valid reason to put the condition that the persons having Bachelors Degree in Arts with Sanskrit as optional subject shall not be eligible for appointment to the post of Teacher Grade II. The Governor under proviso to Article 309 of the Constitution of India exercise legislative powers, as such no modification, alteration or amendment could be made in the Rules framed under proviso to Article 309 of the Constitution by administrative fiat. 6. In view of it the Condition No. (A) in Clause (3) of the advertisement dated 25.02.2004 is illegal being in contravention of the Rules of 1978 and the same, therefore, deserves to be modified in accordance with the qualification prescribed under the rules. 7. In view of the discussion made above the writ petition succeeds and it is declared that the petitioners are eligible to be considered for appointment to the post of Teacher Grade II under Rajasthan Sanskrit Education Subordinate Service Rules, 1978 being having the qualification of B.A. (Honrs) in Sanskrit with Degree of Bachelor in Education. 7. In view of the discussion made above the writ petition succeeds and it is declared that the petitioners are eligible to be considered for appointment to the post of Teacher Grade II under Rajasthan Sanskrit Education Subordinate Service Rules, 1978 being having the qualification of B.A. (Honrs) in Sanskrit with Degree of Bachelor in Education. The petitioners have already submitted applications for appointment in pursuance of advertisement dated 25.02.2004 and they were also interviewed by the respondents on 13.09.2004. 8. The respondents are, therefore, directed now to declare the result of selection proceedings with regard to the petitioners within a period of two weeks from today. In the event the petitioners are selected they may be given appointment in accordance with the merit. The petitioners shall also be entitled for getting seniority on basis of their placement in the select list on notional basis in the event of their selection for appointment. 9. No order as to cost.