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IN THE HIGH COURT OF RAJASTHAN
PUSHPENDRA SINGH BHATI, J.
Jitendra Kumar Meena - Appellant
Versus
State of Rajasthan - Respondent
Civil Writ Petition No. 12175 of 2017
Decided On : 01-02-2018
EDUCATION - APPOINTMENT - TEACHER GRADE III LEVEL II - SELECTION PROCESS - DISQUALIFICATION - RELAXATION OF MARKS FOR RESERVED CATEGORY CANDIDATES - NCTE NOTIFICATION - RAJASTHAN PANCHAYATI RAJ RULES, 1996 - RULE 266(3) - RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 - SECTION 23 - NCTE RECOGNITION NORMS AND PROCEDURE REGULATIONS - NCTE NOTIFICATION DATED 29.07.2011 - RESERVATION POLICY - 5% RELAXATION IN QUALIFYING MARKS FOR RESERVED CATEGORIES - SC/ST/OBC/PH - GRADUATION DEGREE - 45% MARKS - 5% RELAXATION FOR RESERVED CATEGORY CANDIDATES - PETITIONER'S GRADUATION MARKS - 44.61% - ENTITLED TO APPOINTMENT IF OTHERWISE SECURED CUT-OFF MARKS.
Fact of the Case:
Petitioner, a TSP-ST category candidate, was disqualified from the selection process for the post of Teacher Grade III Level II Science Maths due to his graduation marks being below the required 45%. He challenged this disqualification, arguing that he was entitled to a 5% relaxation in qualifying marks as per the NCTE notification dated 29.07.2011 and the reservation policy for reserved categories.
Finding of the Court:
The court found that the petitioner was entitled to the 5% relaxation in qualifying marks as per the NCTE notification and the reservation policy for reserved categories. It held that the petitioner, who had secured 44.61% marks in graduation, was qualified for the post of Teacher Grade III Level II Science Maths and was entitled to be given an appointment if he had otherwise secured the cut-off marks in the result issued by the Zila Parishad, Udaipur.
Issues: Whether the petitioner was entitled to a 5% relaxation in qualifying marks as per the NCTE notification dated 29.07.2011 and the reservation policy for reserved categories.
Ratio Decidendi: The court relied on the NCTE notification dated 29.07.2011 and the reservation policy for reserved categories, which provided for a 5% relaxation in qualifying marks for candidates belonging to reserved categories such as SC/ST/OBC/PH. The court held that the petitioner, who had secured 44.61% marks in graduation, was qualified for the post of Teacher Grade III Level II Science Maths and was entitled to be given an appointment if he had otherwise secured the cut-off marks in the result issued by the Zila Parishad, Udaipur.
Final Decision: The court allowed the petition and directed the respondents to give an appointment to the petitioner on the post of Teacher Grade III Level II Science Maths (in TSP-ST Category) in pursuance of the selection process initiated for the year 2013, in case he had otherwise secured cut-off marks in the result issued by the Zila Parishad, Udaipur.
Pushpendra Singh Bhati, J.
1. The petitioner has preferred this writ petition for the following reliefs:-
"(a) By an appropriate writ, order or direction, any order denying selection and appointment of the petitioner for the post of Teacher Grade III Level II subject Science Maths under TSP ST category in pursuance of advertisement 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 appointment to him on the post of Teacher Grade III Level II subject Science Maths under TSP ST (Class V to VIII) as per the marks secured by him in Teacher Grade III Level II Examination, 2013 in pursuance of advertisement 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.
(e) Writ petition filed by the petitioner may kindly be allowed with costs."
2. Counsel for the petitioner submits that his disqualification is only on account of his marks in graduation, which is 43.43%.
3. Learned counsel for the parties agree that controversy is covered by the decision of 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 recruitment)
(a) General Education Level (I) Classes I to V
Qualifications as laid down by National Council for Teacher Education (NCTE) under the provisions of sub section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No.35 of 2009) from time to time.
Level (ii) Classes VI to VIII
Qualifications as laid down by National Council for Teacher Education (NCTE) under the provisions of sub section (1) of
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