Rajasthan High Court - Jodhpur
Ritesh Gamot vs State Of Rajasthan on 23 January, 2023
Author: Dinesh Mehta
Bench: Dinesh Mehta
(1 of 5) [CW-962/2023] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 962/2023 Ritesh Gamot S/o Shri Natwar Gamot, Aged About 36 Years, R/o Bherav Chok, Vamasa, District Dungarpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Department Of Elementary Education, Government Of Rajasthan, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, State Agriculture Management Institute Campus, Durgapura, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ravinder Singh Champawat
For Respondent(s) : Mr. Vinit Sanadhya
JUSTICE DINESH MEHTA
Order
23/01/2023
1. By way of present petition, the petitioner has prayed that the respondent No.3 - the Rajasthan Staff Selection Board be directed to accept the petitioner's online application form for the post of Teacher Grade-III (Level-2) pursuant to the advertisement dated 16.12.2022.
2. The petitioner had appeared in the Rajasthan Eligibility Examination for Teachers-2022 (hereinafter referred to as 'REET- 2022'), which is a qualifying examination and a candidate has to pass such exam for the purpose of seeking appointment on the post of Teacher Grade-III Level 1 or 2, as per Rule 269 of the (Downloaded on 24/01/2023 at 11:24:41 PM) (2 of 5) [CW-962/2023] Rajasthan Panchayati Raj Rules, 1966 (hereinafter referred to as 'the Rules of 1966').
3. The petitioner as a general candidate having appeared in REET-2022 secured 89.34 marks which if converted into percentage comes out to be 59.56%.
4. As per terms of the advertisement dated 16.12.2022, a candidate of general category has to secure minimum of 60% marks in REET to be eligible to apply for the post of Teacher Grade-III (Level-2).
5. Learned counsel for the petitioner submitted that petitioner's marks being 59.56% are required to be rounded off. And when rounded off, his marks becomes 60% and thus, petitioner is eligible to apply for the post advertised by way of advertisement dated 16.12.2022.
6. Learned counsel submitted that Co-ordinate Bench of this Court at Jaipur has passed interim orders in exactly similar matters and thus, identical order be passed in petitioner's case as well.
7. Mr. Sanadhya, learned counsel appearing for the respondent, on the other hand, argued that the petitioner's prayer of rounding off the marks secured by him in the REET examination, cannot be countenanced given the fact that the Board of Secondary Education has decided to declare candidates having secured minimum 60% marks in general category to be successful.
8. Learned counsel invited Court's attention towards the marks- sheet issued by the Board of Secondary Education, Rajasthan, Ajmer which has conducted REET Examination and highlighted that the petitioner has been declared "Not eligible for Level-2". It was also submitted that petitioner's prayer for rounding off marks (Downloaded on 24/01/2023 at 11:24:41 PM) (3 of 5) [CW-962/2023] cannot be acceded to in light of the decision of this Court at Jaipur Bench in D.B. Special Appeal Writ No.348/2018 (The Coordinator Vs. Chanchal Jalwaniya & Ors.; decided on 09.05.2019).
9. In rejoinder, Mr. Ravinder Singh, learned counsel for the petitioner argued that the Division Bench judgment does not take into consideration, the judgment of Hon'ble the Supreme Court rendered in the case of State of U.P. & Anr. Vs. Pawan Kumar Tiwari & Ors., decided on 04.01.2005. He argued that though the same was cited before the Division Bench of this Court but has not been taken into consideration and hence the Division Bench judgment be not followed. He submitted that the petitioner is entitled to appear for Teacher Grade-III (Level-2) in light of Hon'ble the Supreme Court judgment in the case of Pawan Kumar(supra).
10. Heard learned counsel for the parties and perused the material available on record.
11. There is no gainsaying the fact that the petitioner had secured 89.34 marks and if converted to percentage it is 59.56%. A perusal of the condition of the advertisement clearly shows that a candidate to be eligible to appear for Teacher Grade-III (Level-2) must secure minimum of 60% marks, as has been decided by the State Government per-viam order dated 16.12.2020.
12. Apart from the fact that the Board of Secondary Education itself has found the petitioner to be ineligible for the post of Teacher Grade-III (Level-2), it is to be noted that the requirement is "minimum 60%". If the lower ceiling is given, any point or degree less than such lower cap renders a candidate ineligible. The marks obtained by a candidate can neither be rounded off nor (Downloaded on 24/01/2023 at 11:24:41 PM) (4 of 5) [CW-962/2023] can unwarranted indulgence be given to a candidate especially in the present era of cut throat competition for jobs.
13. This Court is not much convinced with the argument of Mr. Singh that the marks are required to be rounded off to the nearest whole figure. The Court cannot have misplaced sympathy in the name of equitable jurisdiction.
14. The Division Bench's judgment cited by Mr. Sanadhya squarely covers the controversy against the petitioner
15. So far as judgment of Hon'ble the Supreme Court in the case of State of Uttar Pradesh & Anr. Vs. Pawan Kumar & Ors. (supra) is concerned, the same is clearly distinguishable on the facts. In said case, rounding off was permitted by the Supreme Court in view of the fact that the number of persons/posts were to be calculated. Obviously, when it comes to calculating number of persons or posts, the same has to be rounded off because, a human being or post cannot be reckoned in decimal/fraction value.
16. In view of the discussion forgoing, this Court does not find any substance and merit in petitioner's contention and regardless of the fact that Jaipur Bench of this Court in Avani Sharma Vs. State of Rajasthan (D.B. Civil Writ Petition No.19527/2022) has passed the following interim order;
"Learned counsel for petitioners states that petitioners have secured 88 marks in REET-2022 (Level II) which is equal to 59.56%, on rounding off the same, it becomes 60% and therefore, petitioner deserves to qualify REET- 2022(Level II) and becomes eligible to participate in the selection process of Teacher(Level-II). The counsel has placed reliance on the order dated 03.11.2022 passed by Calcutta High Court wherein candidates who obtained 82 marks were treated as having passed by rounding of their percentage to 55%.
Heard.
Issue notice.(Downloaded on 24/01/2023 at 11:24:41 PM)
(5 of 5) [CW-962/2023] In the meanwhile, petitioner may be permitted to submit application form for the post of Teacher Grade II pursuant to advertisement dated 14.12.2022 treating her percentage in REET-2022 as 60%."
17. This Court is not persuaded to follow the interim order passed by the Jaipur Bench, as the basic question itself stands decided as hereinabove.
18. The petition, therefore, fails.
19. Stay application also stands disposed of.
(DINESH MEHTA),J 69-Arvind/-
(Downloaded on 24/01/2023 at 11:24:41 PM) Powered by TCPDF (www.tcpdf.org)