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2013 Supreme(Raj) 237

RAJASTHAN HIGH COURT
HON'BLE GOPAL KRISHAN VYAS, J. HON'BLE NISHA GUPTA, J.
State of Rajasthan & Anr.
Versus
Datar Singh
D.B. Special Appeal (Writ) No.875 of 2012 and 20 Others, decided on 31.07.2013

Advocates Appeared
G.R. Punia, Addl. Advocate General with Jamwant Gurjar, for State;
Dr. P.S. Bhati/P.R. Mehta/R.S. Choudhary/Arjun Purohit, for Respondents

Headnote:Service Matters — Consideration of candidature for the post of General Teacher Gr. III (PH) (Low vision) instead of Special Teacher — Error in filling up of on-line application form — Direction for making necessary correction — Justification — Held — Error can be committed by any human being and equipments due to technical fault — Minor errors — First time invited application through on line — Not granting opportunity of rectification of error, amounts to violation of principles of natural justice — Directed to make appointments only against available vacancies without disturbing the appointments already made.

       Appeals dismissed. (Paras 17 to 22)

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JUDGMENT

Hon'ble VYAS, J.—All the above special appeals are being disposed of by this common judgment. For the sake of convenience, record of D.B. Special Appeal (Writ) No.875/2012, arising out of S.B. Civil Writ Petition No.9170/2012 is perused and discussed.

2. The respondent writ-petitioner preferred writ petition before this Court for seeking direction to the appellants (herein) to consider his candidature for the post of General Teacher Grade-III (PH) (Low Vision) in pursuance of the advertisement dated 24.02.2012 published for direct recruitment to the posts of Teacher Grade-III. Further, it is prayed that upon being found suitable the respondents (in the writ petition) may be directed to provide appointment in accordance with merit on the post of General Teacher Gr.-III (Physically Handicapped) (Low Vision) with effect from the date the similarly situated candidates were provided appointment, with all consequential benefits.

3. Brief facts of the case are that the writ-petitioner having low vision of 45% of permanent disability acquired qualification of Sr. Secondary examination from the Board of Secondary Education, Rajasthan, Ajmer, Bachelor's degree from MDS University, Ajmer and also acquired B.Ed. degree from the Kashmir University. The petitioner also acquired TET qualification while appearing in the Rajasthan Teachers' Eligibility Test 2011 conducted by the Board of Secondary Education, Rajasthan, Ajmer. The writ petitioner filed an application in the office of respondent No.2 Zila Parishad, Sriganganagar in pursuance of advertisement dated 24.02.2012 issued under the Rajasthan Panchayati Raj Rules, 1996. In the advertisement dated 24.02.2012 posts of Teacher Grade-III (Level-I and Level-II) were separately published and the petitioner filed application for the post of Teacher Gr.-III (Level II).

4. In the advertisement issued by the Zila Parishad, Sriganganagar, 7 posts are reserved for the Physically Handicapped category for Social Studies subject and requisite qualification for the candidate was specified in column 7(2) of the advertisement dated 24.02.2012. In the advertisement, age-limit, Pay Scale, qualification and other terms and conditions were also incorporated. In the writ petition, the petitioner pleaded that as per guidelines issued for the candidates, the candidates were required to fill up on-line applications in the format attached with the guidelines and in clause (iii) of the guidelines it is specifically provided that so as to avoid any error in filling up application form the candidates are instructed to take off-line application form from the website of the Panchayat Raj Department and, after filling up the on-line applications the same may be submitted through e-Mitra by way of on-line application.

5. The petitioner being qualified for the post, filled in his on-line application in the prescribed format within stipulated time for the purpose of selection to the post of Teacher Grade-III. Column No.5 and 6 of the application form are marked for educational qualification possessed by the candidate in which the petitioner specified that he has completed B.A. And B.Ed. As per the petitioner, it is clear from the fact that the petitioner applied for only General Teacher Grade-III (physically handicapped) as he does not have the qualification for being appointed as Special Teacher. But, respondent No.2 issued admission card to the petitioner for the purpose of examination conducted on 02.06.2012 wherein, in the column of post at the top of the admission card the respondents specified the category II Level, Special Teacher (Visually Impaired).

6. A representation was submitted by the respondent-petitioner in the office of the appellant in which it is clarified that he is possessing qualification for appointment general education teacher and does not have any qualification to be appointed as special teacher, therefore, he cannot be appointed as special teacher as such his application form may be considere





































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