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2006 Supreme(SC) 387

S.B.SINHA, P.P.NAOLEKAR
State Of Rajasthan – Appellant
Versus
Kulwant Kaur – Respondent


JUDGMENT

S.B. Sinha, J.—The State of Rajasthan enacted Rajasthan Panchayat Samiti and Zila Parishad Act, 1959 (‘the Act’, for short). The Respondent was appointed as a Grade-III teacher on 25.11.1983 by the Panchayat Samiti, Padampur. The terms and conditions of her appointment were governed by Rajasthan Panchayat Samitis and Zila Parishad Service Rules, 1959 (‘the Rules’, for short). The Schedule appended to the said Rules lay down the conditions for appointment, including basic educational qualification, as also the eligibility criteria therefor which read as under :

S.No.Name of Source of Qualification Remarksthe Post Recruitment and and pay with percentage experience Promotion scale––––––––––––––––––– for direct ––––––––––––––––– Direct By recruitment Post Qualifi Recruit- promo- from cation/ ment tion which Experi- promo- ence for tion will promo- be consi- tion dered

5.Primary100% – Senior – –Candidates who School Secondary possessed Secon-Teacher with basis dary or Hr. Secon- STC coursedary examination prior to 1990 shall also be eligible

2. The minimum qualification required for the post of Primary Sch




























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