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2019 Supreme(Raj) 89

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
MOHAMMAD RAFIQ, GOVERDHAN BARDHAR, JJ.
MAHENDRA KUMAR JATOLIA - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Special Appeal (Writ) No. 1322, 1391, 1637 of 2018, 79 of 2019; Stay Application No. 19675, 20780, 22772 of 2018, 561 of 2019; Civil Writ Petition No. 9314, 9603, 9314 of 2018
Decided on : 08-02-2019

Advocates:
Advocate Appeared:
R.N. Mathur, Adv., Prateek Mathur, Adv., Shovit Jhajharia, Adv., N.K. Maloo, Adv., N.K. Singhal, Adv., Vishnu Bohra, Adv., Vigyan Shah, Adv., Kamlesh Sharma, Adv., Rajaram Choudhary, Adv., Akshit Gupta, Adv., Arvind Kumar Arora, Adv., M.S. Singhvi, Adv., C.L. Saini, Adv., Raunak Singhvi, Adv., Sheetanshu Sharma, Adv., Darsh Pareek, Adv., A.K. Sharma, Adv., V.K. Sharma, Adv., Rachit Sharma, Adv., S.C. Gupta, Adv., Vinor Kumar Gupta, Adv., Anoop Dhand, Adv., Anand Sharma, Adv., Raghunandan Sharma, Adv., Ram Dev Potalia, Adv., Deepak Nehra, Adv.

Headnote:

Panchayati Raj Act, 1994 - Section 89 (2) - Rule 277-A of Rules of 1996 - Article 226 - Clause 13(2) – Challenged - Issued - Authorized agency shall prepare category wise select list of candidates declared successful on basis of criteria of selection laid down by State Government from time to time - Rules do not provide criteria for selection and leave it to wisdom of State Government to prescribe such criteria - NCTE by notification issued guidelines for conducting Teachers Eligibility Test by all States said guidelines provides that whosoever scores more in examination will be considered as having qualified TET –Held, Cannot be any change in that criteria when process of selection is over - Equivalence of academic qualification depends on policy decision State Government and as such not open judicial review unless is ex facie unconstitutional result marks secured selected cannot altered behind their back - Even if Government were to change criteria by introducing provision with regard to giving weight age to marks Senior Secondary and BSTC examination this could be done only prospectively any subsequent recruitment process - As far present process selection concerned same has to be completed on basis of criteria originally notified – Appeal dismissed

JUDGMENT

MOHAMMAD RAFIQ, J.

1. All these appeals are directed against the judgment of the learned Single Judge dated 08.10.2018, whereby two writ petitions, being S.B. Civil Writ Petition No.9314/2018, filed by Mahendra Kumar Jatolia and Others (appellants in D.B. Civil Special Appeal (Writ) No.1322/20188) and S.B. Civil Writ Petition No.9603/2018 filed by Vivek Kumar Devesh and Others (appellants in D.B. Civil Special Appeal (Writ) No.1391/2018), were dismissed. D.B. Civil Special Appeals (Writ) No.1637/2018 and 79/2019 have been filed against the same judgment with applications seeking leave of the court to assail the same judgment and were therefore clubbed with the two special appeals that were filed by the original writ-petitioners.

2. The writ petitioners challenged Clause 13(2) of the advertisement dated 12.04.2018 which prescribed the marks secured by the candidates in different examinations of the Rajasthan Teachers Eligibility Test 2011, 2012 (for short, 'the RTET') and the Rajasthan Eligibility Examination for Teachers 2015 & 2017 (for short, 'the REET') as the sole criteria of selection on the post of Teacher Gr.III (Levle-I). Prayer was made that the respondents be directed to normalize/standardize the marks of the said different four examinations before making the selection on the post of Teacher Gr.III (Level-I). Further prayer was made that the respondents be directed to correct the answer key in respect of the questions no.1, 11, 17, 21 (subject of Child Development and Pedagogy), 37 (subject of Language-I Hindi), 99, 107 (Subject of Mathematics) and 137 (subject of Environment Studies), all of E-series, of the REET 2017. An alternative prayer was made for a direction to the respondents to conduct the 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 with weightage of marks being given to qualifying examination. The learned Single Judge was, however, not persuaded to grant any of the prayers and therefore dismissed the writ petitions in toto. Hence these appeals.

3. According to the criteria of selection notified by the respondents in clause 13(2) of the advertisement, the merit list was required to be prepared on the basis of marks secured by the candidates in RTET/REET examinations respectively in the years 2011, 2012, 2015 and 2017. Therefore, the highest marks secured in any of them would form the basis for selection. No weightage whatsoever has been given to the marks secured by the candidates in their eligibility academic examinations such as Senior Secondary or BSTC. The appointment to the post of Teacher Gr.III is governed by the Rajasthan Panchayati Raj Act, 1994 (for short, 'the Act of 1994') and the Rajasthan Panchayati Raj Rules, 1996 (for short, 'the Rules of 1996'). The Teachers have been divided in the category of Level-I and Level-II. The Teachers at Level-I teach students of Class I to Class V, whereas the Teachers at Level-II teach the students of Class VI to Class VIII. Rule 266(3) of the Rules of 1996, incorporated vide notification dated 08.06.2016, provides that whatever qualification has been laid down by the National Council for Teacher Education (for short, 'the NCTE') under the provisions of sub-section (1) of Section 23 of the Right of Children to Fee and Compulsory Education Act, 2009 (for short, 'the RTE Act') from time to time, shall be the eligibility for appointment. Rule 270 to Rule 277-B relate to 'Procedure for Direct Recruitment', while Rules 270 to 273 are general in nature. Rule 270 mandates for inviting applications. Rule 271 states that there shall be a format of application, which shall be prescribed by the Committee. Rule 277 provides that the Committee shall scrutinize the applications and Rule 273 gives a discretion to hold the written test for all categories of posts except for th














































































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