The main legal point established in the judgment is the interpretation of eligibility norms, emphasizing that the candidate should have studied the subject concerned in all parts/years in which the subject was taught during the graduation course.

ORDER

1. This writ petition has been filed by the petitioner aggrieved against the rejection of his candidature for the post of Teacher Grade III, Level II, Science-Maths pursuant to advertisement dated 31.07.2018.

2. It is inter alia indicated in the petition that the petitioner has to his credit degree of Bachelor of Science (Special) from Gujarat University and Master of Science from Gujarat University.

3. Pursuant to the advertisement dated 31.07.2018 (Annex.3), the petitioner applied for the post of Teacher Grade III, Level II for subject Science and Maths.

4. The eligibility requirements as indicated in the advertisement are the candidate should have studied at least one subject as optional subject in graduation or equivalent examination out of the subjects namely Chemistry, Physics, Botany, Biology, Micro Biology, Bio Technology, Bio Chemistry and Mathematics.

5. The name of the petitioner, appeared in the select list dated 28.12.2018 (Annex.7). The petitioner appeared for document verification, whereafter, apparently the candidature of the petitioner was rejected on 28.02.2019, without indicating any reason. Submissions have been that rejection of petitioner's candidature by the respondents is not justified.

6. A reply to the writ petition has been filed by the respondents inter-alia raising objections about the delay in filing of the petition and inter-alia indicating that as the petitioner had studied subject Physics in four semesters out of the total six semesters i.e. for two years out of the three years' program in graduation and had studied Chemistry only for one year out of three year degree program, the petitioner did not fulfill the requisite qualification and as such, rejection of his candidature is justified.

7. Learned counsel for the petitioner made submissions that the rejection of petitioner's candidature on the ground indicated in the reply is not justified, inasmuch as, it depends on the curriculum of a particular University in graduation, wherein, it can teach the students a particular subject in four semesters or spread it over six semesters and as the subject physics has been taught to the petitioner in four semesters, the petitioner is very much eligible.

8. Further, submissions have been made that though the rejection took place on 28.02.2019, no reasons were indicated therein, which resulted in the delay in filing the present petition.

9. Learned counsel for the respondents made submissions that the plea regarding the petitioner having been taught the curriculum within four semesters, is not supported by any material and that the fact that the reason was not recorded in the order of rejection of 28.02.2019 existed even when the petition was filed and, therefore, the delay has not been explained appropriately and, as such, the petition deserves dismissal.

10. I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

11. The requirement of having studied the subject in question, as per the eligibility norms for all the semesters/years of the graduation, has already been dealt with by this Court in Varsha Kumari Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.13596/2021, decided on 15.12.2021, wherein, in a similar nature case, wherein, the petitioner therein had studied subject English only in four semesters out of six semesters. The Court came to the conclusion that the petitioner therein was eligible for the same post of Teacher Grade III (Level II).

12. It was inter-alia observed and laid down as under:-

'I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

The facts are not in dispute wherein the petitioner has done her B.Com. from the University at Tamilnadu. During course of her studies, she had studied subject English in four semesters, out of six semesters, as is evident from the mark-sheets produced as Annexure-1. The advertisement in question, required th