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 recruitment meant that OBC category candidates were not entitled to relaxation.

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, which came to be amended by notification dated 29.07.2011. It is claimed that the notification dated 29.07.2021 provides relaxation upto 5% in the qualification marks to the candidates belonging to reserved categories such as SC/ST/OBC/PH.

4. It is then submitted that even in Pre Teachers Education Test ('PTET'), 5% relaxation is granted in the minimum eligibility marks in the basic academic qualification to the reserved category candidates.

5. Submissions have been made that the respondents while issuing the advertisement dated 31.07.2018 though made reference to the notification dated 23.08.2010 and 29.07.2011, while indicating the minimum educational and professional qualifications, while providing for relaxation, the same has been confined to SC/ST/PH category.

6. It is submitted that as Clause 11.2(iii) of the advertisement indicated that there is no reservation for OBC category candidates in TSP Area, the petitioners had to apply as TSP General category candidates.

7. It is indicated that the State Government vide notification dated 04.07.2016, issued under Article 244(1) of the Constitution of India provided that 45% vacancies in TSP Area shall be filled with candidates belonging to ST category and 5% vacancies filled from SC category candidates. The rest 50% of the vacancies would be filled up by candidates of TSP Area belonging to any category.

8. It is submitted that the petitioners, who are OBC category candidates, who are residents of TSP Area, are otherwise eligible in terms of the advertisement, for lack of relaxation in terms of the NCTE notification, are being deprived of the eligibility, which is not justified.

9. Learned counsel for the petitioners made submissions that the NCTE notification dated 29.07.2011 has allowed 5% relaxation in the eligibility marks i.e. the qualifying marks for SC/ST/OBC/PH category candidates and as the said notification is binding on the State Government, it cannot deny relaxation in the eligibility criteria to the petitioners on the pretext that though they belong to TSP Area, as there is no reservation for OBC category, they are not entitled for the same. It is emphasized that once the petitioners fall within the category of OBC, they are entitled for the relaxation as provided by NCTE notification dated 29.07.2011.

10. Learned counsel further emphasized that Scheduled Area is a Class in itself and, therefore, 100% reservation is granted to local residence, wherein other than 50% vacancies, which are reserved for SC and ST of the Scheduled Area, 50% vacancies are reserved for local residents only and, therefore, OBC category candidates have to be considered within the 50% reservation and they don't require separate reservation for seeking relaxation for appointments.

11. Learned counsel, vehemently submitted that