Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Raj) 60

IN THE HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI, J.
Vahidulla S/o Shri Ibrahim - Petitioner
Versus
State of Rajasthan Through the Secretary, Department of Rural & Panchayati Raj, Government of Rajasthan, Jaipur, Rajasthan and ors. - Respondents
S.B. Civil Writ Petition No. 11886 of 2017
Decided On : 18-01-2018

Advocates Appeared:
For the Petitioner:Mr. Tanwar Singh Rathore, Advocate.
For the Respondents:Mr. Vikas Choudhary for Mr. S.S. Ladrecha, AAG and Mr. Khet Singh, Advocate.

The court clarified the interpretation of Rule 266(3) of the Rajasthan Panchayati Raj Rules, 1996, and the NCTE notification dated 29.07.2011, emphasizing the 5% relaxation in qualifying marks for reserved categories, including OBC candidates, for the post of Teacher Grade-III Level-II.

Headnote:
EDUCATION - TEACHER APPOINTMENT - NCTE NORMS - RELAXATION OF MARKS - OBC CATEGORY - NCTE NOTIFICATION - QUALIFICATION - INTERPRETATION - COURT ANALYSIS - RAJASTHAN PANCHAYATI RAJ RULES, 1996 - RULE 266(3) - RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 - SECTION 23 - NCTE NOTIFICATION DATED 29.07.2011 - MINIMUM QUALIFICATION FOR LEVEL-II - RESERVATION POLICY - 5% RELAXATION FOR RESERVED CATEGORIES - COURT'S INTERPRETATION AND APPLICATION.
Fact of the Case:

Petitioner, an OBC category candidate, challenged the denial of his selection and appointment as a Teacher Grade-III Level-II subject Urdu OBC Male Category, claiming he met the minimum qualification criteria despite having 44.17% marks in his Bachelor of Arts, as 45% marks were prescribed in the NCTE notification for Graduation with 5% relaxation for OBC category.
Finding of the Court:

The court relied on its earlier judgment in Deena Ram Meghwal v. State of Rajasthan & Ors., where it held that Rule 266(3) of the Rajasthan Panchayati Raj Rules, 1996, stipulates the academic qualification for a recruit, and the NCTE notification dated 29.07.2011 prescribes the minimum qualification for Level-II entry as Graduation with 45% marks and 1 year Bachelor in Education Degree recognized by the NCTE, with 5% relaxation in qualifying marks for reserved categories.
Issues: Whether the petitioner, with 44.17% marks in Bachelor of Arts, met the minimum qualification criteria for Teacher Grade-III Level-II subject Urdu OBC Male Category, considering the NCTE notification and the 5% relaxation for OBC category candidates.
Ratio Decidendi: The court interpreted Rule 266(3) of the Rajasthan Panchayati Raj Rules, 1996, and the NCTE notification dated 29.07.2011, holding that the petitioner, with 44.17% marks in Bachelor of Arts and being an OBC category candidate, was eligible for the post of Teacher Grade-III Level-II subject Urdu OBC Male Category, as he met the minimum qualification criteria with the 5% relaxation for reserved categories.
Final Decision: The court allowed the writ petition and directed the respondents to appoint the petitioner to the post of Teacher Grade-III (Level-II) Urdu OBC Male Category, subject to him having secured the cut-off marks and being otherwise eligible as per the result declared by the Zila Parishad concerned.

ORDER :

PUSHPENDRA SINGH BHATI, J.

1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs:

"A. By an appropriate writ, order or direction, any order denying the selection and appointment of the petitioner for the post of Teacher Grade-III Level-II subject Urdu OBC Male Category in pursuance of the advertisement dated 11.08.2013 (Annex.6) may kindly be quashed and set aside.

B. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and provide the appointment on the post of Teacher Grade-III Level-II subject Urdu OBC Male Category (Class V to VIII) as per the marks secured by him in Teacher Grade-III Level-II examination, 2013 for selection in pursuance of the advertisement dated 11.8.2013 with all consequential benefits.

C. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

D. Writ petition filed by the petitioner may kindly be allowed with costs."

2. Learned counsel for the petitioner at the outset submits that the petitioner is a OBC category candidate and is having 44.17% marks in his Bachelor of Arts. Learned counsel for the petitioner thus, restricts his arguments regarding the petitioner having successfully qualified for the purpose of Teacher Grade-III Level-II on the basis of having more than 40% marks as 45% marks is prescribed in the NCTE notification for the Graduation and 5% marks relaxation for OBC category is provided.

3. Learned counsel for the parties agreed that controversy is covered by the judgment passed by this Court in Deena Ram Meghwal v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.5462/2017, decided on 23.11.2017), the judgment reads as under :-

"1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers:

"A. By an appropriate writ, order or direction, any order denying the selection and appointment of the petitioner for the post of Teacher Grade-III (Level-II) S.St. In pursuance of the advertisement dated 27.02.2012 (Annex.4) may kindly be quashed and set aside.

B. By an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and provide the appointment on the post of Teacher Grade-III Level-II (Class VI to VIII) against the category of SC as per the marks secured by him in revised result in pursuance of the advertisement dated 27.02.2012 for Zila Parishad, Pali with all consequential benefits.

C. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner and appoint the petitioner as Teacher Grade-III in terms of Para 7(5) of the advertisement dated 27.02.2012 strictly in accordance with the judgment passed by this Hon'ble Court on 20.05.2011 in D.B. Civil Writ Petition No.3964/2011 (Sushil Sompura) & Ors. v. State (Education) & Ors).

D. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

E. Writ petition filed by the petitioner may kindly be allowed with costs."

2. Learned counsel for the petitioner states that Rule 266 of Rajasthan Panchayati Raj Rules, 1996 (hereinafter after referred as the Rules of 1996) stipulates the academic qualification that a recruit must possess minimum qualification. The relevant portion of Rule 266 of the Rules of 1966, the sub Rule (3) reads as under:

"Rule 266. Academic Qualification- ....................

(1)...........................

(2).........................

(3) Primary and upper Primary School Teacher (100% by direct recruitmen

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