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2008 Supreme(Raj) 267
(Supreme Court)
Honble A.K. MATHUR, J. Honble ALTAMAS KABIR, J.
Madan Mohan Sharma & Anr. - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Appeal No. 1506 of 2008
Decided On : February 22, 2008
M.R. Calla, Sr. Advocate, Mukul Kumar, P.D. Sharma, D.K. Garg, Dr. Bheem Pratap Singh, Abhishek Garg, for Appellants; Kumar Karthikey, Aruneshwar Gupta, Sudhakar Choudhary, Binay Kumar Jha, Debasis Misra, Rameshwar Prasad Goyal, for Respondents
Headnote:(a) Service Matter – Rajasthan Panchayat Act, 1994, Sec. 102 and Rajasthan Panchayat Rules, 1996, Rule 296 – Relaxation of eligibility qualifications for appointment of Teacher Grade III – Validity of Rule 296 – Rule 296 confers unbridled power on State Government – Liable to be struck down – Held – Appointments made by relaxing qualification – Cannot be made to survive once rule is struck down.(Para 4)
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(b) Constitution of India, Art. 16 – Appointment – Change in eligibility criteria, during selection process – Held – Once advertisement for appointment is issued based on Govt. Circular, change in eligibility criteria during selection process is not permissible.(Para 4) Appeal dismissed.
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(2). This appeal is directed against the order dated 19.12.2005 passed by the Division Bench of the Rajasthan High Court whereby the Division Bench of the Rajasthan High Court has disposed of the appeal with the following direction.
"(i) We direct the State Government to forthwith constitute a Committee headed by the Chief Secretary to examine as to whether vacancies of Teacher Grade III pursuant to advertisement No,1/96 still exist and whether after the judgment dated February 12,2001 of learned Single Judge any appointment on the post of Teacher Grade III was given by giving relaxation under Rule 296 of 1996 Rules.
(ii) Any appointment so given under Rule 296, which was struck down, shall be subject to enquiry.
(iii) The meritorious persons included in the select list drawn in pursuance of advertisement No.1/96 shall be considered for appointment on the basis of their merit against the vacant posts of Teacher Grade III.
(iv) The appellants MMS and DKS (Appeal No.76/2001) who have served nearly six years as Teacher Grade III and have become overage by now, shall be reconsidered on the basis of their merit in secondary examination and till final decision is arrived at, they shall be allowed to work on the post of Teacher Grade II and their services shall not be terminated."
(3). Brief facts which are necessary for disposal of this appeal are that the vacancies in the posts of Teacher Grade III were advertised by the Zilla Parishad Sawai Madhopur on 25.5.1996 on the basis of the circular dated 24.7.1995 issued by the State Government in exercise of powers under Rule 17(2) of the Rajasthan Panchayat Samitis and Zila Parishad (Service) Rules,1959 ( hereinafter to be referred to as the Rules of 1959). The last date for submission of application and documents in support of eligibility and merit was fixed as17.6.1996. The selection circular dated 24.7.1995 laid down that the selection shall be made on the basis of the marks secured by the candidates in Secondary Examination and B.Ed/ Basic School Training Course (BSTC) for preparation of the merit list for appointment of Teacher Grade III. Thereafter, on 20.7.1996 another circular was issued by the State Government whereby the earlier criteria for determination of merit for appointment of Teacher Grade III was superseded and revised criteria was prescribed and the basis for assessment of merit was the marks obtained in the Higher Secondary Examination and B.Ed/ BSTC course and the last date for submission of application and other relevant documents in support of eligibility and merit for selection of appointment as Teacher Grade III was extended up to 30.10.1996. Thereafter, it was further extended up to 20.12.1996. On 30.12.1996 Rajasthan Panchayati Raj Rules, 1996 (hereinafter to be referred to as the Rules of 1996) were notified. Rule 266 of the Rules of 1996 provided that Senior Secondary with BSTC course shall be the minimum qualification for appointment of Primary Teachers. A writ petition being S.B.C.W. No.147 of 1997, Radhey Shyam Sharma & Anr. vs. State of Rajasthan was filed which was allowed by learned Single Judge of the High Court of Rajasthan on 6.11.1996. Learned Single Judge held that the criteria on the date of issuance of advertisement was to be followed and the State Government was directed to consider the merit of the candidates in view of the circular dated 24.7.1995 i.e. Secondary Examination with B.Ed./ BSTC was considered the basis for selection. Thereafter, four special appeals were filed against the order of the learned Single Judge. Out of the four special appeals, one was filed by the State of Rajasthan i.e. State of Rajasthan vs. Radhey Shyam Sharma and another appeal as filed by Dharmendra Kumar Sharma and Madan Mohan Sharma, the appellants before us. Thereafter, a request was made that the special appeals be allowed to be withdrawn. Learned Division Bench of the High Court permitted the writ petitions to be withdrawn and as a
