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2009 Supreme(Raj) 1451

RAJASTHAN HIGH COURT AT JODHPUR BENCH
Narayan Roy, H.R.Panwar, JJ.
Dhan Raj Meena - Appellant
Versus
State of Rajasthan and others - Respondent
D. B. Civil Special Appeal (W) Nos. 288/06; 538/08; 251/06; 633-39/06; 730/2007.
Decided On : 19-01-2009

For the Appellant:Mr. R. K. Soni, Mr. I. R. Choudhary and Mr. R. S. Choudhary Advocates.
For the State:Mr. R. L. Jangid, Addl. Advocate General.
For the Respondent No. 2, RPASC:Mr. Tarun Joshi, Advocate.

Headnote:Constitution of India, Art. 16 and 226 – Rajasthan Panchayati Raj Rules, 1996, Rule 266(3) – In this case petitioner applied for the post of teacher – after being unsuccessful they challenged the selection process and claimed immunity from passing all three subjects of Mathematics, English and Hindi in Senior Secondary Certificate – they were stopped from doing so – thus appeal dismissed.

JUDGMENT

1. :- The bunch of Special Appeals is directed against the order of learned Single Judge dated 16th February, 2006 passed in S.B.Civil Writ Petition Nos.4101/2005, 2235/2005, 2282/2005, 2276/2005, 2013/2005, 3400/2005, 2277/2005, 4100/2005, 2278/2005, 2275/2005 and 2181/2005, dismissing the writ petitions filed by the appellant-writ petitioners.

2. We have heard learned counsel for the parties. Carefully gone through the order impugned as also the material available on record.

3. For convenience, the facts of D.B.Civil Special Appeal (Writ) No.288/2006;Dhan Raj Meena v. State of Raj. & Ors. are taken as a leading case. The appellant-writ petitioners, by the writ petitions aforesaid challenged the validity of sub-rule (3)of Rule 266 of the Rajasthan Panchayati Raj Rules, 1996 (for short "the Rules" hereinafter). The Rule 266 of the Rules reads as under:-

"Rule 266. Academic qualifications.- A recruit must possess minimum qualification as under:-

1.

L.D.C. (85% by direct recruitment and 15% by promotion

(i) Senior Secondary under new (10+2) scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education or equivalent. (ii) Typing speed of 20 and 25 words per minute in Hindi and English typing respectively.

2.

V.L.W.-cum-Secretary (100% by direct recruitment)

Graduate or qualification declared equivalent thereto by the Government.]

3.

Primary School Teacher (100% by direct recruitment)

(i) Senior Secondary (Academic) under new (10+2) scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education or equivalent and Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with 5 subjects, 3 of them shall be Mathematics, English & Hindi. (ii) B.S.T.C. Course]

4.

Driver (90% direct 10% by promotion)

VIII class pass possessing Driving Licence and having 3 years experience of Driving light/heavy Motor Vehicle.

5.

Class IV (100% direct)

V Class pass.


4. According to sub-rule (3) of Rule 266 of the Rules, the eligibility for the recruitment on the post of the Primary School Teacher has been prescribed which provides that a candidate must possess minimum qualification of Senior Secondary under new (10+2 Scheme) or Higher Secondary under old Scheme from Rajasthan Board of Secondary Education or equivalent and Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with five subjects, three of them shall be Mathematics, English and Hindi. Apart from the above a candidate must have passed BSTC Course. The other qualifications required are not relevant for the controversy raised in these appeals. Mainly, the appellants have assailed the validity of sub-rule (3) of Rule 266 of the Rules to the extent Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with five subjects, three of them shall be Mathematics, English and Hindi requiring a candidate to have passed these three subjects in the Secondary School from Rajasthan Board of Secondary Education or equivalent.

5. The appellant Dhanraj of course had three subjects in Secondary School Examination, 1991 but did not pass the subject Mathematics, however, thereafter, passed the Senior Secondary School Examination in the year 1993 from C.B.S.E. and acquired the qualification of B.A.,B.Ed. The respondent No.2 Rajasthan Public Service Commission (for short "the RPSC" hereinafter) published an advertisement inviting the applications for Primary/Upper Primary School Teacher Examination, 2004 requiring a candidate to possess the qualification as provides under sub rule (3) of Rule of 266 of the Rules which provides the post of Primary School Teacher to be filled by 100% direct recruitment. Admittedly the writ petitioner Dhanraj Meena did not pass the subject Mathematics in Secondary Examination and therefore, was not eligible for consideration on the post of Pr


























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