The absence of a specific requirement in the applicable rules at the time of recruitment can influence the eligibility criteria for a position.

1. - Extensive facts need not be given as the present matter is squarely covered by a decision of this Court in S.B. Civil Writ Petition No. 5272/95, Kumari Bharati Srivastava V. State of Rajasthan, decided on August 9, 1996. Still necessary facts in brief for decision of the present petition may be stated as under :

2. The petitioner belongs to other backward lass (for short OBC). She passed her Secondary School Examination in the year 1983 and Higher Secondary Examination in 1985. She did her graduation in 1989 and passed B. Ed examination in the year 1994. The District Education Officer (I), Jaipur (respondent No. 3) vide communication dated, 3.5.95 invited a list of eligible candidates from the Employment Exchange as well as Social Welfare Department for making recruitment in the posts of Teacher Gr. III. Petitioner's name was also recommended by the Employment Exchange, however, selections were delayed on account of some litigation in a court of law. In pursuance to the notification, the petitioner appeared for interview before the selection committee on June 8, 1996. However, the selection committee rejected her candidature on the ground that she was not having Mathematics as one of the subjects in Secondary examination in view of Notification dated, 25.8.95 issued by the State Government.

3. It is not disputed that the recruitment to the post of Teacher Gr. III are governed by the Rajasthan Educational Subordinate Service Rules, 1971 (for short the Rules). The recruitment in question related to the year 1995 and as per the rule applicable at that time, there was no such requirement that the candidate must have passed his/her Secondary Examination with Mathematics as a subject and no such condition was prescribed in the communication dated, 3.5.95 (Annex. 9), through which list of eligible candidates were invited/called from the Employment Exchange and Social Welfare Department.

4. The Director, Primary and Secondary Education, Rajasthan Bikaner, vide his letter dated, 4.7.96 (Annex. 12) addressed to the District Education Officer, Bharatpur, further clarified that for appointment of Teachers Gr. III for the year 1995-96, the amendment made by the Government in the rules vide Notification dated, 25th August 1995 shell not apply and candidature of such candidates be reconsidered who were not considered for the appointment.

5. In view of the above factual aspect and the judgment rendered by this Court in Kumari Bharati Srivastava's case, learned Counsel for the respondents is not in a position to oppose the present writ petition.

6. Consequently, the petition is allowed. The respondent No. 3, namely, the District Education Officer (I), Jaipur, is directed to reconsider the candidature of the petitioner for the post of Teacher Gr. III, excluding the requirement of Maths as one of the subjects in Secondary Examination and in case the petitioner is found eligible/entitled to get appointment, the same shall be given to her from the date others were given appointment maintaining her seniority from that day, though, without payment of back wages. This exercise shall be completed within two weeks from the date of submission of certified copy of this order by the petitioner.

7. Cost of this petition is made easy in the facts and circumstances of the case.Petition allowed.

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