ORDER :

1. This writ petition has been filed by the petitioner seeking direction to the respondents to permit the petitioner to participate in the counselling and he may be promoted on the post of Senior Teacher/Teacher Gr.II as per his seniority and that the list (Annex.5), qua the petitioner, may be quashed.

2. It is inter alia indicated that the petitioner has to his credit Bachelor of Arts (B.A.) from Maharshi Dayanand University, Rohtak (‘MDU, Rohtak’), wherein the petitioner has inter alia studied the subject English.

3. The petitioner was accorded appointment as Teacher Gr.III (Level-I) by order dated 8.2.1996 (Annex.1). By order dated 6.6.2016 (Annex.3), the petitioner was adjusted/posted as Teacher (Level-II) subject English.

4. Whereafter, a list for DPC year 2016-17 for Senior Teacher/Teacher Gr.II subject English (Annex.4) was published by the respondents, wherein, the name of the petitioner was reflected at Sr. No.57. It is claimed that though the petitioner was called for counseling, he was not allowed to fill up option form as his name appeared in the list (Annex.5), wherein, names of purported ineligible teachers have been reflected.

5. Submissions have been made that the action of the respondents in not permitting the petitioner to participate in the counseling and denying promotion as Senior Teacher/Teacher Gr. II is not justified, inasmuch as, the petitioner is eligible.

6. Learned counsel for the petitioner made submissions that the requirement under the Rajasthan Educational Subordinate Service Rules, 1971 (‘the Rules of 1971’), for promotion to the post of Senior Teacher/Teacher Gr.II is graduation or equivalent examination with concerned subject as optional subject and degree or diploma in Education recognized by the National Council for Teacher Education.

7. Submissions have been made that the petitioner does possess the requisite qualification, however, the action of the respondents indicating that as the subject English was studied by the petitioner as a compulsory subject and not optional subject, the petitioner was ineligible, is contrary to the law laid down by this Court in State of Rajasthan & Anr. v. Deepak Bariya & Ors.: D.B.S.A.W. No.598/2018, decided on 4.4.2018, which has been followed in Komal Purohit v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.13707/2018 & other connected matters, decided on 12.10.2018 and, therefore, the action of the respondents in this regard deserves to be quashed and set aside.

8. Reply to the writ petition has been filed by the respondents inter alia indicating that the promotions of Senior Teacher/Teacher Gr.II is granted to the incumbents, who have the requisite qualification. The petitioner has qualification of B.A., in which, English was the ‘Compulsory Subject’, however, as per the provisions of Rules of 1971, the eligibility requires concerned subject as ‘Optional Subject’ and that the said aspect has been clarified by the MDU, Rohtak by its letter dated 20.2.2018 (Annex.R/1), from where the petitioner has done his graduation.

9. Further submissions have been made that at the time of convening the DPC for regular promotion on the post in question, the eligibility of the petitioner was examined and it was found that the petitioner doesn’t have qualification prescribed for the post of Senior Teacher/Teacher Gr.II (English) and, therefore, his candidature was not considered by the DPC. Based on the said submissions, it has been prayed that the petition be dismissed.

10. Learned counsel for the State with reference to communication (Annex.R/1), filed along with the reply, made submissions that from the said communication it is apparent that the subject English is being taught by MDU, Rohtak as a compulsory subject only and that only from the session 2011-12, it has been indicated that English compulsory is equivalent to English elective and as the petitioner has obtained his degree prior to 2011-12, he cannot claim that subject English studied by him as compuls