IMPORTANT POINTS
Appointment on post of Teacher – It will be improper to discriminate inter se among a homogenous group of students.

JUDGMENT :

K.V. Viswanathan, J.

1. Leave granted.

2. The present appeal calls in question the correctness of the judgment of the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur dated 27.04.2022 in D.B. Special Appeal Writ No. 997 of 2019. By the said judgment, the Division Bench dismissed the appeal of the appellant and confirmed the order dated 27.11.2018 of the learned Single Judge dismissing the writ petition of the appellant.

3. We have heard Mr. Nishant Bishnoi, learned counsel for the appellant and Mr. Milind Kumar, learned counsel for the respondent-State and perused the records of the case. We have also considered the written submissions filed by the parties.

4. The facts lie in a very narrow compass. The respondent-authorities under the provisions of the Rajasthan Panchayati Raj Act, 1994 and the Rajasthan Panchayati Raj Rules, 1996, on 11.09.2017, issued an advertisement inviting applications for the post of Teacher Grade III Level II in the Scheduled Area (TSP). A total of 1455 posts were advertised. The relevant clauses of the advertisement were as under:-

“6. MINIMUM EDUCATIONAL

QUALIFICATIONS:-

Under sub-section (1) of section (23) of the Free and Compulsory Education Act 2009, the notification of the National Council of Teacher Education vide notification dated 23 August 2010 and 29 July 2011 and given by the Hon'ble High Court in the order of instructions and according to the notification dated 29.08.2017 of the State Government, the minimum qualifications and minimum percentage for various categories to be included in Rajasthan Teacher Recruitment 2016 (Revised) will be as follows:

6.1 For Class 6 to 8 (Level-II):

General Education (Class 6 to 8):

A. Graduation and 2-year Diploma in Elementary Education (by whatever name known) Graduation and 2- year Diploma in Elementary Education (by whatever name known).

OR

Graduation with minimum 50% marks and one year Bachelor in Education (B.Ed) Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed).

OR

Graduation with minimum 45% marks and One year Bachelor of Education (B.Ed) obtained in accordance with the National Council for Teacher Education (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor in Elementary Education (B.El.Ed).

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year B.A/B.Sc.Ed. or B.A.Ed./B.Sc.Ed.

OR

Graduation with minimum 50% marks and one year B.Ed. (Special Education)

xxx xxx

"6.3 In seriatim of the judgment dated 20.5.2011 passed in various petitions by the Division Bench of Hon'ble High Court, Jodhpur, according to School Education Department, Rajasthan letter number F 7(1)/Plan/2011 dated 17th June 2011, the following candidates would also be eligible to participate in Rajasthan High Primary School Teachers Direct Recruitment 2016 (amended):-

(l) All such candidates who have taken admission in teacher training courses before issuance of notification dated 27.09.07 by the National Teachers Education Council; for them there is no binding to secure minimum percentage in graduation level or equivalent examination.

(2) All such candidates who have after issuance of notification dated 27.09.07 by the National Teachers Education Council; but before issuance of notification dated 31.8.09, for them it is binding to secure minimum 45 percent at graduation level or equivalent examination.

(3) All such candidates who had taken admission in various teachers training courses after issuance of notification dated 31.8.09 of National Council for Teacher Education, for them it is binding to secure minimum 50 percent at graduation level or equivalent examination." (Emphasis supplied)

5. The appellant applied for the post of Teacher under the said advertisement. It is undisputed that the appellant had 44.58% marks in his graduation. It is also undisputed that the appellant secured admission in the Bachel