JUDGMENT :

Sangeet Lodha, J.

1. This intra Court appeal is directed against order dated 28.8.19 passed by the learned Single Judge of this Court, whereby the writ petitions preferred by the appellants seeking declaration that they are eligible for appointment to the post of Teacher Gr. III (Level II) (English) and a direction to the respondents to accord them appointment on the said post as per their merit, have been dismissed.

2. The facts relevant are that Director, Elementary Education Rajashan issued an advertisement dated 31.7.18 for recruitment to the post of Teacher Gr. III (Level II) (English) for Non-Tribal Sub Plan ('TSP') Area. The eligibility qualification prescribed for the recruitment to the said post was as under:

"Graduation and 2-year diploma in Elementary Education (by whatever name known)

or

Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.).

or

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard.

or

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.El.Ed.)

or

Senior Secondary (or its equivalent) with at least 50% marks and 4-year B.A./B.Sc.Ed. or B.A.Ed./B.Sc.Ed.

or

Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.) (Special Education)"

Further, for recruitment on the post of Teacher Gr. III in English, the candidate must have passed Graduation or equivalent qualification with English as optional subject and must have passed REET/RTET in the applied subject with 60% marks.

3. The appellants having degrees of Graduation in Science, Post Graduation in English and B.Ed., applied for appointment on the said post, participated in the selection process and their names were included in the merit list but the appointment was denied to them inasmuch as, they were not having English as an optional subject in their Graduation. Aggrieved thereby, they preferred writ petitions before this Court, which stand dismissed by the learned Single Judge. Hence, these appeals.

4. The learned Single Judge relying upon the decision of the Supreme Court in Zahoor Ahmad Rather & Ors. vs. Sheikh Imtiyaz Ahmad & Ors.: (2019) 2 SCC 404, held that the appellants having Post Graduation degree in English cannot take away their ineligibility of lacking requisite and statutory qualification under Rule 266(3) of Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996') and consequently, the rejection of their candidature cannot be faulted.

5. Learned counsel appearing for the appellants contended that the degree of Post Graduation in English is certainly a higher qualification than the Graduation with English as an optional subject and thus, the appellants cannot be held ineligible for appointment to the post of Teacher Gr. III (Level II) (English) on account of they having passed the Graduation in Science with English as compulsory subject in the first year of Three Years degree course. Learned counsel submitted that acquisition of higher qualification presupposes acquisition of lower qualification and therefore, the action of the respondents in rejecting candidature of the appellants is not sustainable in the eyes of law. The learned Single Judge has decided the writ petitions on the basis of decisions of the Supreme Court in State of Punjab vs. Anita & Ors.: (2015) 2 SCC 170 and Zahoor Ahmad's case (supra), which are not applicable to the fact situation in the present case. Learned counsel submitted that the degree of Post Graduation in English has to be treated an equivalent qualification to Graduation with the English as an optional subject and thus, viewing from any angle, the appellants cannot be held ineligible for appointment to the said post. Learned counsel submitted that vide notification dated 13.11.19 issued by the National Teacher Education Council (NCTE), the qualification stands substituted by 'Grad