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ARUN BHANSALI
Samarath Mal Kumhar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. These writ petitions have been filed by the petitioners, who belong to OBC category of Tribal Sub Plan ('TSP') Area seeking to question the validity of Clause 9.4 of the advertisement dated 31.07.2018 for the recruitment on the post of Teacher Grade-III Level-1 & Level-2 in different subjects, whereby they have not been accorded relaxation in minimum qualifying marks required for appointment on the said post.
2. It is, inter alia, indicated in the writ petitions that the subject recruitment is governed by provisions of the Rajasthan Panchayati Raj Act, 1994 ('the Act of 1994') and Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996'). The qualifications for the post of Teacher Grade-III Level 1 & 2, have been indicated in Rule 266 of the Rules of 1996, which, inter alia, provides the qualification as laid down by the National Council for Teacher Education ('NCTE') under the provisions of Section 23(1) of the Right to Children to Free and Compulsory Education Act, 2009 ('the Act of 2009') from time to time.
3. It is indicated that NCTE has prescribed minimum qualifications for a person to be eligible for appointment as a Teacher vide notification dated 23.08.2010, whic
The NCTE notification dated 29.07.2011 provided relaxation in qualifying marks only to candidates belonging to reserved categories, and the absence of reservation for OBC category in the TSP Area rec....
(1) Reservation – Relaxation or concession in qualifying examination merely creates a level playing field where no concession or relaxation is granted in ultimate selection and same is solely made on....
The relaxation in marks for reserved category candidates did not affect the selection process, and the petitioners' claim lacked merit.
The court established that NCTE guidelines for teacher eligibility take precedence over state recruitment criteria, ensuring candidates are evaluated based on merit and eligibility.
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
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