JUDGMENT :

1. The present bunch of 09 writ petitions give rise to same issue, therefore, they are being decided by this common order, however, the facts of SBCWP No.4089/2022 : Shrawan Godara & Ors. vs. State of Rajasthan & Ors. are illustratively taken into consideration.

2. These writ petitions have been filed by the petitioners seeking declaration that they are eligible and entitled for appointment as Teacher Gr.III Level I (General Education) on the strength of their two years Diploma in Education (Special Education) subject to undergo, after appointment, in NCTE recognized six months special programme in elementary education.

3. Further, relief has been sought that the conditions prescribed for minimum qualification for Teacher Gr.III Level I (General Education) in advertisement dated 31/12/2021 (Annex.6) and relevant condition of order dated 3/3/2022 (Annex.10) which renders the petitioners ineligible for appointment as Teacher Gr.III Level I (General Education) be declared illegal and contrary to law. Consequential direction has been sought to the respondents not to reject the candidature of the petitioners and to permit them to participate in the selection process for Teacher Gr.III Level I (General Education) pursuant to the advertisement dated 31/12/2021 and offer appointment to them, if they fall in merit.

4. It is inter alia indicated in the writ petition that the petitioners have to their credit Diploma in Education (Special Education) [‘D.Ed. (Spl.Ed.’)], which diploma is recognized by the Rehabilitation Council of India, and they have cleared Rajasthan Eligibility Examination for Teacher (‘REET’).

5. The respondents issued an advertisement dated 31/12/2021 for recruitment to the post of Teacher Gr.III Level I. Total posts have been bifurcated into General Education & Special Education. The eligibility condition under clause (10) inter alia with reference to Rule 266 of the Rajasthan Panchayati Raj Rules, 1996 (‘the Rules, 1996’) and Section 23(1) of the Right of Children to Fee & Compulsory Education Act, 2009 (‘the RTE Act’) refer to the notifications dated 23/8/2010 & 29/7/2011 and indicated the requisite qualification, which inter alia included Senior Secondary (or its equivalent) with at least 50% marks and two years Diploma in Education (Special Education), whereafter, in brackets it has been put (For Special Teachers). Further, in the note 10.4 it has been indicated that a candidate, who has passed D.Ed (Spl. Ed.), after appointment, would be required to undergo 06 months special training programme as provided by National Council for Teacher Education (‘NCTE’).

6. Pursuant to the advertisement, the petitioners have applied for the post of Teacher Gr.III Level I (General Education). The respondents issued provisional merit list on 27/2/022 and candidates two times the posts advertised were provisionally selected for document verification, wherein, the petitioners were selected and placed in merit in their respective categories. Subsequent thereto, an order dated 3/3/2022 (Annex.10) was issued by the respondents providing for guidelines for scrutiny of eligibility pursuant to the advertisement dated 31/12/2021, wherein, it was indicated that a candidate holding D.Ed. (Spl.Ed.), if he has applied for General Education, he would not be eligible for any category. Whereafter, on 8/3/2022 (Annex.11) the candidates were required to upload their documents.

7. Learned counsel for the petitioners made submissions that the action of the respondents in holding the petitioners having D.Ed. (Spl.Ed.) as ineligible for General Teachers is not justified and contrary to the notification dated 23/8/2010 (Annex.3) as amended by notification dated 29/7/2011. It is submitted that under Rule 266 of the Rules, 1996, the qualification for Teacher in General Education has been prescribed as laid down by NCTE under the provisions of Se