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Rajasthan High Court · body

2006 DIGILAW 3200 (RAJ)

State of Rajasthan v. Miss. Ruksana

2006-12-11

GOPAL KRISHAN VYAS, RAJESH BALIA

body2006
Rajesh Balia, J.— Having heard learned counsel for the parties, we do not find any merit in this appeal. 2. The respondent-petitioner applied for the post of Senior Teacher in Urdu. The petitioner’s candidature was not considered inter alia on the ground that she did not had an additional subject apart from Urdu, which is being taught in secondary level at schools. The rejection of her candidature was challenged by way of filing S.B. Civil Writ Petition No. 3166/2000. 3. The learned Single Judge was of the opinion that her candidature was wrongfully excluded from consideration. While the eligibility for the post of Senior Teacher was prescribed to be graduate, or equivalent examination, with at least two subjects taught in schools with degree or diploma in edcation, or Montessori training, it was clarified by the State Government vide Annexure-A/1 that where a Senior Teacher is to be appointed in a minority language, he/she should have one additional subject in his graduation, which is being taught at secondary level in addition to he/she being graduate in education. 4. It is not in dispute that the petitioner is a graduate in Urdu and was also having B.Ed to her credit. In her graduation, she had apart from Urdu, two additional subjects therein (i) Drawing and painting; and (ii) Home Science. The learned Single Judge was of the opinion that apart from minority language, the petitioner had the subjects of English and Drawing-Painting, as the subjects in graduation and, therefore, it cannot be said that the petitioner did not had the additional subject, which is being taught at secondary school level. Hence allowed the petition and directed the non-petitioners to give the petitioner appointment as a Senior Teacher because the persons less meritorious than the petitioner had been given appointment and also directed to give notional seniority with effect from the date persons lower in merit were given appointment. 5. In appeal, it is contended by the learned counsel for the appellants that Drawing cannot be said to be a subject taught at secondary level because Drawing as a subject constitutes only 33% of the marks assigned to the curriculum for Arts taught at secondary school level. In this connection, it was pointed out that the distribution of marks in the curriculum for Arts shows that within the frame of subject ‘Arts,’ three different disciplines were included-Acting, Music and Drawing/Painting. In this connection, it was pointed out that the distribution of marks in the curriculum for Arts shows that within the frame of subject ‘Arts,’ three different disciplines were included-Acting, Music and Drawing/Painting. Both theory and practical work is also included. Suffice it to say that each of the Arts combined in the curriculum of subject in Arts are independent discipline and there is no presumption that a person taking ‘Acting’ as a subject could also be Teacher for Music and Painting and vice versa. Each of these different fine arts is a subject by itself and a different person has to be there for teaching various parts of the curriculum. If within the discipline of Arts all the three subjects are to be taught viz. – Acting, Music and Painting, apparently a graduate in ‘Drawing’ or ‘Music’ or ‘Acting’ all of the three must be held to be the qualification for teaching a subject which is being taught at the secondary level school. 6. Moreover, distinction may be borne in mind between a paper and a subject. A subject is an independent area of study of a discipline whereas a paper may be combined of one or more subjects, which may be related to each other. Therefore there is no room for confusing the subject to be taught at school level with the comparison of a paper for which examination is to be conducted. If three subjects are combined in one paper, the paper cannot be considered as a subject. Each subject combined in a paper is required to be taught through a teacher in that discipline. 7. Our this conclusion is also fortified from the Rules, which provide “Teachers to be recruited for individual subjects like-Drawing Music and Craft. If Drawing and Music are not independent subjects to be taught at secondary level or school level examination there could not have been requirement of a teachers in these specific subjects separately under the Rules. 8. We, therefore, do not find any merit in the contention of the learned counsel for the appellant that the learned Single Judge has erred in holding the petitioner to fulfill the requirement of having the additional subject which is being taught at secondary school level. 8. We, therefore, do not find any merit in the contention of the learned counsel for the appellant that the learned Single Judge has erred in holding the petitioner to fulfill the requirement of having the additional subject which is being taught at secondary school level. Once that conclusion is reached, the conclusion that the petitioner was having eligibility for being considered to be appointed as a Senior Teacher (Urdu) as she was having the additional subject Drawing/Painting apart from English, which is being taught at secondary school level in school. 9. Consequently the direction issued by the learned Single Judge does not call for interference. We are further informed that in compliance of the direction, the respondent-petitioner has already been appointed. 10. The appeal fails and is hereby dismissed. No order as to costs. * * * * *