A candidate who has studied a required subject as a compulsory subject during graduation is eligible for a post even if the recruitment advertisement specifies the subject as an "optional subject," as the objective of the qualification requirement is satisfied.

Order

1. The instant writ petition has been filed with the following prayers:

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a) The action of the recruitment agency/respondent department to treat to petitioner ineligible for advertise post on the count that the petitioner is not having the degree of graduation in Hindi optional subject be declared illegal.

b) The petitioner may kindly be declared eligible for the post of Senior Teacher Hindi at the strength of her Graduation with Hindi as Compulsory Subject studied in all three years of graduation study course.

c) The recruitment agency may kindly be directed to recommend the name of the petitioner to the respondent department for appointment and respondent department may kindly be directed to offer the appointment to petitioner as Senior Teacher (Hindi) pursuant of advertisement dated 18.05.2022 with all consequential benefits and given posting in the preferential district as per her preference and merit, pursuant of advertisement dated 18.05.2022 (Annexure-1)

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2. Facts of the case in nutshell are that the petitioner challenges her exclusion from appointment as a Senior Teacher Grade-III (Subject-Hindi) under Rajasthan recruitment advertisement (for the year 2022), for 72 non-TSP posts despite qualifying the written exam and being provisionally selected for document verification. She holds a graduation degree with Hindi as a compulsory subject studied over three years, plus B.Ed and M.A. (Hindi), but was deemed ineligible because the advertisement required Hindi as an "optional subject”. Despite her high merit, final result marked her selection provisional and her name was omitted from recommendations/appointments while lower-merit candidates were appointed amid vacancies and thus, being aggrieved of the aforesaid, the petitioner prefers the instant writ petition.

3. Counsel for the petitioner submits that the petitioner has applied for appointment on the post of Senior Teacher Grade-III (Subject Hindi) and the petitioner was having subject Hindi in the graduation as a compulsory subject, however, as per the pre-requisite laid down in the advertisement, subject-Hindi is required to be an optional subject. He submits that the petitioner has read the subject-Hindi as a compulsory paper for good 3 years and therefore, the respondents are required to consider the said qualification for the purpose of joining on the post of Senior Teacher Grade-III while treating the said qualification to be studied as optional subject and not a compulsory subject. He submits that a similar controversy has already been decided/allowed by the Coordinate Bench of this Court vide judgment dated 12.10.2018 passed in a bunch of writ petitions led by

SBCWP No.13707/2018 : Komal Purohit v. State of Rajasthan & Ors.

He further submits that following the judgment passed in the case of Komal Purohit (supra), the Coordinate Bench of this Court vide order dated 22.10.2018 passed in SBCWP No.15245/2018 : Rukma Devi v. State of Rajasthan & Ors., has also considered the similar controversy. The relevant portion of the said order is reproduced hereunder:

“I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

This Court in the case of Komal Purohit (supra) after considering the Single Bench and Division Bench judgment in the case of Deepak Bariya (supra) as well as judgment of Hon’ble Supreme Court in the case of Jyoti K.K. & Ors. v. Kerala Public Service Commission & Ors. : (2010) 15 SCC 596, inter alia, laid down as under:-

“A perusa