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2018 Supreme(Raj) 1022

IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
VEERENDR SINGH SIRADHANA, J.
Vivek Kumar Devesh - Appellant
Versus
State of Rajasthan - Respondent
Civil Writs No. 9603 of 2018
Decided On : 08-10-2018

Advocates Appeared:
R.N. Mathur, Adv., Vigyan Shah, Adv., Dinesh Dwivedi, Adv., Vinod Kumar Gupta, Adv., R.N. Sharma, Adv., Ram Pratap Saini, Adv.

Headnote:

Constitution of India 1950 - Article 15(4), 14 & 254 – Candidates – Quashed - Advertisement- Bombay General Clauses Act 1904 - Section 3(39) NCTE Act - Sections 12 and 12A, RTE Act – section 23 - Shorn off unnecessary details essential skeletal material facts are that Respondents conducted Rajasthan Teacher Eligibility Test for short for recruitment on post Teacher Grade Level for year Thereafter an amendment was made in Rajasthan Raj Rules for short Rules of vide notification dated October wherein candidates in possession of qualifications as per National Council for Teacher Education short Notification dated July were only to be eligible to apply for Rajasthan Eligibility Examination for Teachers for short earlier known as Rajasthan Teachers Eligibility Test for short subsequent examinations – Held, Grievance raised as to disputed questions suffice it to say that objections submitted earlier with reference to questions only out included these very questions - Respondents placed disputed questions including those which are subject matter of instant writ applications and Expert Committee examined and furnished its opinion - Hence challenge for second time on inferential basis contrary to opinion Expert Committee is not open for further interference in factual matrix of case at hand - That apart recruitment process cannot be made in never ending process – Petition dismissed

JUDGMENT

VEERENDR SINGH SIRADHANA, J.

1. The petitioners have instituted the above noted writ applications praying for the following reliefs:

"(i) That the impugned Clauses-13(2) of the impugned advertisement dated 12.04.2018 prescribing marks secured in Teachers Eligibility Examination as sole criteria of selection on the post of Teacher Gr.III (Level-I) may kindly be declared illegal and arbitrary and therefore same may kindly be quashed and set aside.

(ii) The respondents may kindly be directed by issuing appropriate writ, order or direction in the nature thereof:

(a) To adopt the process of normalizing the marks of different examinations of RTET 2011, 2012 and REET 2015 & 2017 before making selection on the post of Teacher Gr.III (Level-I);

(b) To make the selection on the post of Teacher Gr.III (Level-I) by correcting the answer key of REET 2017 in respect to following questions as under:-

Sl.No.

Question No.

Subject

Answer of BSER

Petitioner Prayer

1

1

Child Development and Pedalogy

C

A and B

2

11

Child Development and Pedalogy

C

Delete and Bonus

3

17

Child Development and Pedalogy

D

Delete and Bonus

4

21

Child Development and Pedalogy

B

C

5

37

Language-I Hindi

C

Delete and Bonus

6

99

Mathematics

B

Delete and Bonus

7

107

Mathematics

C

A

8

137

Environment Studies

C

Delete and Bonus

(c) To grant weightage to the marks of qualifying examinations like Sr. Secondary and BSTC;

(d) To produce before this Hon'ble Court Result analysis sheet for REET 2015 & REET 2017 and the record of the no. of candidates selected on the basis of REET 2015 marks in Teacher Grade III (Level-I) Recruitment, 2016;

(e) Or in the alternative to conduct written examination for selection on the post of Teacher Gr.III (Level-I) or to make selection solely on the basis of marks in REET 2017 and with weightage of marks in qualifying examinations

(iii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner."

2. Shorn off unnecessary details, the essential skeletal material facts are that the Respondents conducted Rajasthan Teacher Eligibility Test (for short, RTET), for recruitment on the post of Teacher Grade III (Level-1) for the year of 2011 and 2012. Thereafter, an amendment was made in the Rajasthan Panchayati Raj Rules, 1996 (for short, Rules of 1996) vide notification dated 15 October 2015, wherein the candidates in possession of the qualifications as per National Council for Teacher Education (for short, NCTE) Notification dated 29 July 2011, were only to be eligible to apply for the Rajasthan Eligibility Examination for Teachers (for short, REET), earlier known as Rajasthan Teachers Eligibility Test (for short, 'RTET'), for the subsequent examinations. After the amendment of the Rules of 1996, as aforesaid, the respondents advertised for REET-2015, wherein the conditions of eligibility were as per the amendment and result of REET-2015, was declared by the respondent no. 3 on 19 May 2016. The respondents issued advertisement dated 06 July 2016, as Advertisement No. 1/2016, inviting applications from eligible candidates for Rajasthan Primary and Upper Primary School Teachers Direct Recruitment Examination-2016, and the result for the same was declared on dated 27 May 2017. The petitioners are the candidates who acquired their two years Diploma in Elementary Education after 2015 and became eligible to appear in REET-2017. And they appeared in the REET-2017 Examination, conducted by the respondent no. 3. The respondent no. 3, issued model answer key dated 11 April 2018 under the advertisement dated 12 April 2018, for the eligibility examination and invited objections from participa
































































































































































































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