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Rajasthan High Court · body

2019 DIGILAW 875 (RAJ)

Bhawana Sharma v. State of Rajasthan

2019-03-25

BANWARI LAL SHARMA

body2019
ORDER : BANWARI LAL SHARMA, J. 1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following relief: A. By an appropriate writ, order or direction, the respondents may kindly be directed to quash and set aside the report of the committee dated 13.7.2018 as also the clarification notice dated 3.8.2018 issued by respondent No. 3; B. By an appropriate writ, order or direction, the respondents may kindly be directed to treat the Hindi and Social Study subjects as Hindi, English and Social Study subjects in the online application form of the petitioner after considering the fact that upto Post Graduation Level the petitioner was having English as one of the subject, which is higher qualification than the requisite and prescribed qualification and thereafter issue an appointment order to the petitioner after treating her in the merit list at the appropriate place, with all consequential benefits; C. By an appropriate writ, order or direction, action may kindly be taken against the respondents in not considering the directions earlier issued by this Hon'ble Court in the matter of State Vs. Deepak Bariya (supra) while submitting the report dated 13.7.2018 by the Committee and also in issuing clarification notice dated 3.8.2018 by the respondent No. 3 contrary to above judgment. 2. Shri Lalit Sharma, learned counsel appearing for the petitioner submits that considering Annex. 7 office order, the petitioner applied for the post of Teacher Grade III-Level (ii) subject-English pursuant to advertisement dated 31.7.2018 (Annex. 8) issued by Director, Primary Education, Bikaner. The subjects of the petitioner in Rajasthan Eligibility Examination for Teachers ('REET') were Hindi, English and Social Study. In REET, the petitioner secured 72% marks and certificate was issued by the Board of Secondary Education, Rajasthan, Ajmer. It is further submitted that office order dated 13.7.2018 further prescribes that for the post of Teacher Grade-III subject-English, the candidate should have English as compulsory subject in REET conducted by the Board of Secondary Education, Rajasthan, Ajmer and also at the Graduation Level he/she should possess English as a compulsory subject. It has also been stipulated in the said office order that the candidates who obtained degrees of Graduation from the Universities such as Punjab, Haryana etc. It has also been stipulated in the said office order that the candidates who obtained degrees of Graduation from the Universities such as Punjab, Haryana etc. outside Rajasthan, the candidates who had English as compulsory subject in all the three years in Graduation and also English subject was not compulsory or an alternative subject, those candidates are also not eligible to be appointed on the post of Teacher Gr. III. 3. Admittedly, the petitioner did her Graduation and Post Graduation from Punjab University which is outside Rajasthan. 4. Pursuant to aforesaid advertisement, petitioner filled her application form, however in view of clarification dated 3rd August, 2018 issued by the respondents, the petitioner had her doubt that her candidature will be rejected at the time of verification of documents if she fills up the form in English Subject as one of the subject. Due to this fear and doubt, the petitioner filled online application form on 22.8.2018 well in time in Hindi and Social Study subjects instead of English as one of the subjects. He submits that petitioner is General category candidate and as per Annex. 11 for Male and Female category, the cut-off marks was 67.93% and petitioner secured 70.14% marks in Hindi and Social Study subjects in which she filled up the application form online under fear and threat of the office order dated 13.7.2018 as also the clarification dated 3.8.2018, however the cut-off marks in English subject were 67.93%. If the petitioner would have filled up the application form online by opting English as one of the subject then she would have definitely been selected on the said post which she has been denied due to report of the Committee and the clarification notice issued thereafter. 5. He has relied on the judgment of Principal Seat, Jodhpur in S.B. Civil Writ Petition No. 13707/2018 (Komal Purohit Vs. State of Raj. & Ors.) decided on 12.10.2018 and contended that the office order dated 13.7.2018 has already been quashed by this Court, therefore, his application may be considered for English Subject and she may be given appointment. 6. I have considered the submissions made by learned counsel or the petitioner. 7. Admittedly, the petitioner did not apply for English Subject and after declaration of result and going through the merit of English Subject, she claimed appointment for English subject, which cannot be granted after declaration of the result. 8. 6. I have considered the submissions made by learned counsel or the petitioner. 7. Admittedly, the petitioner did not apply for English Subject and after declaration of result and going through the merit of English Subject, she claimed appointment for English subject, which cannot be granted after declaration of the result. 8. Therefore, there is no substance in the writ petition and the same is dismissed in limine.