JUDGMENT

Ganguly, J.-Leave granted.

2. We have heard learned counsel for the parties.

3. This appeal is directed against the impugned judgment and order dated 19.01.2009 passed in Special Appeal No. 409 of 2008 of the High Court of Rajasthan. The controversy arises out of the appellant's appointment to the post of Teacher for primary and upper primary schools.

4. The appellant was provisionally selected for appointment to the post of Teacher. The educational qualification required for appointment to the Level (II) Upper Primary Middle School Section is;

(I) Senior Secondary School Certificate or intermediate or its equivalent; and

(II) Diploma or certificate in elementary teachers training of duration of not less than two years OR Bachelor of Elementary Education (B.E. Ed.) OR Graduate with Bachelor of Education (B.Ed) or its equivalent"

After the appellant was provisionally selected, she received a letter dated 26.09.2007 from the Rajasthan Public Service Commission informing her that provisional selection has been cancelled as the appellant did not pass the Higher Secondary/Senior Secondary Examination after passing the Secondary Examination. The case of the appellant is t