Honble RAFIQ, J.–The petitioner Hirki Bai has filed the present writ petition assailing the show cause notice dated 8.10.2002 (Annex. 4) whereby her services were sought to be terminated on the ground that she did not possess the requisite educational qualification of eligibility for appointment on the ost of cook. She further prayed that the respondents be directed to regularize her services as Class IV from the date of initial appointment.

(2). As per Rajasthan Class IV Service (Recruitment and Other Service Conditions) Rules, 1963 (for short hereinafter referred as `the Rules of 1963), the petitioner was initially appointed on 25.8.1987 on the post of cook on temporary basis on fixed pay of Rs. 286/- per month as would be evident from the schedule appended to order dated 27.9.1997 (Annex. 3).

(3). One Shankar Lal Meena filed a writ petition in representative capacity for regularization of services of all part time Class IV employees working in various Hostels under the Tribal Area Development Department, which was allowed by this Court on 3rd May, 1996 in the light of the directions given by the Honble Supreme Court in SLP (Civil) No. 6403/1995. The petitioner also filed writ petition before this Court being S.B. Civil Writ Petition No. 582/1995 with the prayer that her services ma be regularized on the post of cook and she be granted semi-permanent status on completion of two years of service and paid salary in the regular pay scale applicable to Class IV employees. The writ petition was admitted on 6th Oct., 1995 and notices were issued to the respondents. In the meantime, the Government of Rajasthan framed a scheme for regularization of all part time employees in phases, who completed 5 years of service with the respondent-department. In the first phase, all the employees who completed 5 years of service in May, 1995 were to be given appointment in regular pay scale of Class IV employees from 15th August, 1996. The respondent No. 3 (Addl. Collector (Development), District Rural Development Agency, Chittorgarh) vide order dated 17.2.1997 (Annex. 3) granted regular pay scale of Rs. 750-12-798-13-850-940 to the petitioner alongwith two other persons. Subsequently, an exercise was undertaken by the respondents for passing necessary orders of regularization in service of such employees, who had completed more than 5 years as on 1st May, 1995. While preparing the list of such eligible candidates, the respondents discovered that some of such employees did not even possess requisite eligibility qualification for appointment on the post of Class IV employees as per Rules of 1963. According to these rules, a person seeking appointment of the post of Class IV employee should possess qualification of V standard.

(4). The petitioner submitted representations to the respondents stating therein that since she has been serving the respondents since 1987, the requirement of eligibility qualification should be relaxed in her case, particularly when she has acquired vast experience of the post of cook during all these years while working with the respondents. However, the respondent No. 3 suddenly issued a show cause notice to the petition on 8.10.2002 stating therein that even though regular pay scale was granted to the petitioner, she did not possess the educational qualification requisite for regular appointment to the post of Class IV employees. She was therefore required to show cause within 15 days as to why her services may not be terminated. It is this show cause notice dated 8.10.2002, which has been assailed by the petitioner in the present writ petition.

(5). The respondents have contested the writ petition by filing reply. In the reply most of the averments contained in the memorandum of the writ petition have not been denied. However, it has been stated that only such persons, who fullfiled eligibility criteria as per the Rules of 1963, have been regularized. Since the petitioner did not possess the requisite educational qualifica

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