Candidates' qualifications must be fully considered in merit list preparation for recruitment, as per applicable rules and prior court rulings.

JUDGMENT :

Ganesh Ram Meena, J.

1. The matter comes up on an application (IA No. 2/2024) filed by the petitioner for taking on record the additional documents i.e. the order dated 21.01.2022 passed by the Co-ordinate Bench of this Court at Principal Seat Jodhpur, in S.B. Civil Writ Petition No. 6438/2019, Kailash Damor Vs. State of Rajasthan & Ors.

2. Learned counsels appearing for the parties agreed to hear the matter on its merits at this stage and therefore, the matter is now being heard and decided finally.

3. The brief facts of the case are that the petitioner completed the Graduation in Arts subject (B.A.) in the year, 2011 and thereafter, B.Ed in the year, 2013 and also completed B.Sc. Math (P.C.M.) from OPJS University during Session 2013-16. He has also passed the Rajasthan Eligibility Examination for Teachers (for short ‘the REET examination’) for the year, 2015 with 75.33% in Level 2 and has been issued the Certificate by the Board of Secondary Education, Rajasthan Ajmer certifying that the petitioner is eligible for the post of Teacher in English language.

4. The respondents issued an Advertisement dated 11.09.2017 (01/2017) for inviting applications for the post of Teacher Grade-III Level-2 (Non TSP) and the last date for submitting the application forms was 30.12.2017 and in pursuance to the said Advertisement, the petitioner submitted his application form on 15.12.2017 itself.

5. Dr. Gunjan Sharma learned counsel appearing for the petitioner submits that the petitioner belongs to OBC (NCL) Male category and he has secured 75.33 % in the REET examination. She further submits that in view of the formula prescribed by the respondents for preparing the merit list given under the advertisement, the petitioner secured 73.25 marks and Merit No. WL-1153 and the cut-off marks for the OBC (NCL) Male category is 71.96, meaning thereby the petitioner is having higher marks than the cut-off marks for the particular category even then he is not given the appointment because the respondents while preparing the merit list has not considered the marks obtained by the petitioner in qualifying examination i.e. Second Graduation with Math. He further submits that the action of the respondents is illegal and arbitrary, as he is entitled for appointment on the basis of marks obtained by him in the Second Graduation i.e. in Math (PCM) which was completed prior to the last date of submitting application forms.

6. Learned counsel for the petitioner has also relied upon the order dated 20.02.2024 passed by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the case of Kailash Damor (supra) & Sanjay Ashiya Vs. State of Rajasthan & Anr. in S.B. Civil Writ Petition No. 21592/2018.

7. Mr. Vigyan Shah, learned AAG assisted by Mr. Yash Joshi, Advocate appearing for the respondents State submits that the Primary Education Department conducts direct recruitment for the post of Teacher Grade-III according to the provisions of Rajasthan Panchayati Raj Rules, 1996 (for short ‘the Rules of 1996’). According to Rule 277 (A) of the Rules of 1996, the department prepares the State level merit list on the basis of information submitted by the candidates in the application forms. In reply to the memo of writ petition, it has also been stated that the petitioner has completed the Graduation in Science (B.Sc) after that he completed the B.Ed in the year, 2015.

8. The main arguments of the counsel appearing for the State is that since the petitioner has qualified the B.Ed after completion of Graduation in Science and the same was taken into consideration at the time of preparing the merit list. He further submits that the marks obtained by the petitioner in the Graduation after the B.Ed course have not been taken into consideration.

Counsel for the State is not in a position to dispute the fact that in a case having similar facts i.e. the case of Kailash Damor (supra), the Co-ordinate Bench of this Court at Principal Seat, Jodhpur has passed the order