Honble JHA, CJ.–The dispute in this group of writ petitions being the same they were heard together and are disposed of by this common order.

(2). It may be stated at the out set that the petitions were allowed earlier on 25.11.2004 vide judgment reported in 2005(1) RLR 474. On application of the State, however, vide order dated 1.6.2005 the judgment was recalled in D.B. Civil Review Petition No. 449/2005 (def) and analogous, and the petitions were restored for hearing on merits. That is how the petitions came up for hearing.

(3). D.B. Civil Writ Petition No. 5504/2004 was argued as the representative case and facts of the case, therefore, have been noticed from the record of that case.

(4). The dispute relates to appointment of B.Ed. Teachers on the post of Teacher Grade III in upper primary schools in the State of Rajasthan.

(5). Before stating the case of the petitioners it would be appropriate to briefly notice the scheme of recruitment of teachers in primary schools in the State of Rajasthan. The service conditions of teachers including recruitment in primary schools in the rural areas were earlier governed by the Rajasthan Panchayat Samiti and Zila Parishad Act, 1959 and the Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959 framed thereunder. The teachers in the primary schools situate in urban areas had a different cadre. The Panchayat Samiti and Zila Parishad Act, 1959 was replaced by the Rajasthan Panchayati Raj Act, 1994. Section 89 of the said Act provides for constitution of the State service called the Rajasthan Panchayat Samiti and Zila Parishad Service. The service originally comprised of, amongst others, primary school teachers mentioned in clause (iii) of sub-section (2) of section 89. By Rajasthan Panchayati Raj (Amendment) Act, 2000 (Act 9 of 2000), among other amendments, clause (iii) was amended substituting `primary and upper primary schools in place of `primary schools. Thus, the Rajasthan Panchayat Samiti and Zila Parishad Service now comprises of, among other categories, primary and upper primary school teachers. Sub-section (1) of section 89 was amended by the Rajasthan Panchayati Raj (Amendment) Act, 2004 (Act 8 of 2004) by inserting a proviso providing for selection for the post specified in clause (iii) of sub-section (2) i.e., the post of primary and upper primary school teachers at the State level in place of district level as originally provided in sub-section (1). A new sub-section (6A) was also inserted providing for appointment of primary and upper primary school teachers by direct recruitment by the Panchayat Samiti or Zila Parishad, as the case may be, in accordance with the rules made in that behalf by the State Government from out of the persons selected for the post by the Rajasthan Public Service Commission in accordance with the rules made by the State Government in that behalf. By virtue of these amendments section 89, as it now stands, reads as under :

``89. Constitution of the Rajasthan Panchayat Samiti and Zila Parishad Service.-There shall be constituted for the State service designated as the Rajasthan Panchayat Samiti and Zila Parishad Service and hereafter in this section referred to as the service and recruitment thereto shall be made district-wise.

Provided that the selection for the post specified in clause (iii) of sub-section (2) shall be made at the State level.

(2) The service may be divided into different categories, each category being divided into different grades, and shall consist of–

(i) .............. ................ ..............

(ii) .............. ................ ..............

(iii) primary and upper primary school teachers

(iv) .............. ................ ..............

(3) .............. ................ ..............

(4) .............. .................. ..............

(5) .............. ................ ..............

(6) .............. ................ ..............

(6A) Appointment by direct recruitment on the posts specified in clause (iii) of s

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