Candidates who have obtained graduation with English as a compulsory subject are eligible for the post of Teacher Gr.III (Level-II) English.

ARUN BHANSALI, J.

1. These writ petitions have been filed by the petitioners seeking to question the order dated 13.7.2018 (Annex.18), whereby, based on the report submitted by the Committee, the petitioners have been held ineligible for grant of appointment on the post of Teacher Gr.III (Level-II) English, further directions have been sought to grant appointment to the petitioners on the post of Teacher Gr.III (Level-II) English pursuant to the advertisement dated 11.9.2017.

2. It is, inter alia, indicated in the writ petitions that the petitioners applied for the post of Teacher Gr.III (Level-II) English pursuant to the advertisement dated 11.9.2017. The qualification for the said post, inter alia, provided as under:-

"For the teacher of language, the candidate must have passed Graduation or equivalent examination with the corresponding Language as an optional subject."

3. As the petitioners had studied English as compulsory subject during course of their graduation, which they had undertaken from Kurukshetra University, Kurukshetra, Panjab University, Punjab and Maharishi Dayanand University, Rohtak and as in the estimation of the respondents, the said degree obtained by the petitioners did not fulfill the eligibility requirements, though the petitioners stood in merit, during course of counselling they were declared ineligible.

4. Feeling aggrieved, the petitioners filed SBCW Nos. 3162/2018, 3467/2018, 4033/2018 and 6065/2018, which writ petitions came to be decided by this Court relying on the judgment in the case of Ved Pal and Others. v. State of Rajasthan and Others.: S.B. Civil Writ Petition No.3162/2018, decided on 5.3.2018, disposing of the writ petitions with the direction that as a Committee has been directed to be constituted in the case of Ved Pal to find out the similarity between the subject English (compulsory) and English (optional), the result thereof would be followed in the case of petitioners.

5. Pursuant thereto, the Committee gave its recommendation on 12.6.2018, based on which, the order dated 13.7.2018 (Annex.18) was issued by the respondents, inter alia, holding that the petitioners were ineligible in terms of the determination made by the Committee.

6. It is, inter alia, submitted by learned counsel for the petitioners that the issue raised in the present writ petitions questioning the validity of the order dated 13.7.2018 passed by the respondents is no more res integra as this Court in Komal Purohit v. State of Rajasthan and Others. : S.B. Civil Writ Petition No.13707/2018, decided on 12.10.2018, wherein report of the Committee along with the order dated 13.7.2018 passed by the respondents was considered by this Court and it was laid down that the candidates who have obtained graduation with English as compulsory subject from the said Universities, would be eligible in terms of the requirement of the advertisement/Rules and, therefore, the petitions deserve to be allowed.

7. Learned counsel for the respondent State reiterated the submissions, inter alia, indicating that as the petitioners have not done their graduation with English as optional subject, they are not eligible for the said post and, therefore, in terms of the determination made by the Committee, the petitions deserve to be dismissed.

8. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. This Court in the case of Komal Purohit after considering the various submissions made in this regard as well as the report of the Committee and the order passed by the State, though the issue therein pertained to the recruitment 2018, inter alia, came to the following conclusion:-

"A perusal of the above Division Bench judgment would reveal that the Court noticed the issue about ineligibility of the candidates, who opt for a subject as a compulsory subject in graduation course and the requirement is of the subject as an optional subject, came to a categorical conclusion that the