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2011 Supreme(Raj) 2432

ARUN MISHRA, ALOK SHARMA
Devi Bijani : Tulcha Ram Singaria – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioners:Sunil Beniwal, Mahesh Thanvi, A.K. Choudhary and Kailash Jangid, Advocates.
For the Respondents:J.P. Joshi, Sr.Advocate with Tarun Joshi, G.R. Kalla and G.C.

JUDGMENT

1. The writ petitions have been preferred by the petitioners assailing constitutionality of the amendment made in the Rules called as Rajasthan Educational Subordinate Service Rules, 1971 (for short "the Rules of 1971").

2. Initially, the rules of 1971 were amended by way of Rajasthan Educational Subordinate Service (Amendment) Rules, 2008 (for short "the Amendment Rules, 2008") notified on 18.7.2008 by the Government of Rajasthan, Department of Personnel, thereby amending the Schedule-I, existing entries at Serial No.8(a) and entries thereto occurring under the heading "Section F-General Teacher" of Schedule-I. By way of amendment, Senior Teachers have been categorized in six categories i.e. (1) Hindi, (2) English, (3) Maths, (4) Science, (5) Third Language and (6) Social Science. For the said post, the qualifications were prescribed in Column 4 to be graduate or equivalent examination with the concerned subject and one more subject taught in class IX and X as optional subjects. As there were no optional subjects in Class IX & X and only compulsory subjects are taught, to correct the provision with respect to Senior Teacher, another amendment was made retrospectively w.e.f













































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