Rajasthan High Court - Jodhpur
Kailash Damor vs State Of Rajasthan on 21 January, 2022
Author: Rekha Borana
Bench: Rekha Borana
(1 of 4) [CW-6438/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6438/2019
Kailash Damor S/o Shri Surajmal Damor, Aged About 35 Years,
Village Karnauwa, Post Khanmeen, Tehsil Kherwara, District
Udaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District
Bikaner, Rajasthan.
4. The Chief Executive Officer, Zila Parishad, Udaipur, District
Udaipur, Rajasthan.
5. The District Education Officer (Headquarter), Elementary
Education, Udaipur, District Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid through V.C.
Mr. Anil Bissa, through V.C.
For Respondent(s) : Mr. Pankaj Sharma, AAG
through V.C.
HON'BLE MS. JUSTICE REKHA BORANA
Order 21/01/2022 The brief facts of the case are that the petitioner completed his graduation in Commerce in the year 2007. He obtained the REET certificate in the year 2015 and completed his second graduation in the subject of Arts (with English literature as one of the subjects) in the year 2016. The petitioner applied for the post (Downloaded on 24/01/2022 at 08:51:06 PM) (2 of 4) [CW-6438/2019] of Teacher Grade-III (Level-II) English (TSP Area) in pursuance of the advertisement dated 31.07.2018.
After completion of the process, the petitioner was allotted the district of Udaipur vide order dated 03.09.2018 and subsequently again vide order dated 28.12.2018 (after reshuffling of the result). The petitioner, on 26.04.2019, approached the school which was allotted to him for joining the services but he was not permitted to join. Aggrieved against the same, the present writ petition has been filed.
Vide interim order dated 09.05.2019 passed by this Court, it had been directed that the respondents would not cancel the candidature of the petitioner.
Counsel for the petitioner has submitted that although he stood qualified in terms of condition No.9.1 of the advertisement dated 31.07.2018, he has not been permitted to join on the ground, firstly, that he had obtained REET and B.Ed. certificates prior to the degree of graduation and secondly, that there is no provision which provides for considering the second degree of graduation by a candidate for the purpose of employment.
Per contra, counsel for the respondents has submitted that in view of the conditions as laid down in the advertisement, the petitioner is not entitled for the employment and therefore, the order restraining him from joining is perfectly valid.
Heard learned counsel for the parties and perused the material on record.
It is clear on record that the qualification as prescribed in the advertisement was;
"Graduation and two years diploma in Elementary Education; or Graduation with atleast 50% marks and one year bachelor in education." (Downloaded on 24/01/2022 at 08:51:06 PM)
(3 of 4) [CW-6438/2019] It is not in dispute that the petitioner possessed the qualification of B.A., B.Ed. and REET i.e. all the qualifications as prescribed in the advertisement. Therefore, it is not the case of the petitioner being not qualified on the date of filling up of the application form. So far as the issue of obtaining the REET and B.Ed. degree prior to the degree of graduation is concerned, as submitted by the counsel for the petitioner, the issue has been settled in the case of S.B. Civil Writ Petition No.9684/2017 (Ashish Kumar Sharma vs. State).
As is clear from the perusal of the record, the petitioner had already completed his first graduation in the year 2007 and thereafter obtained his B.Ed. degree in the year 2009. Therefore, the same was not prior to the date of his graduation. Completion of the second graduation by the petitioner in the year 2016 would not, in any manner, have any effect on his B.Ed. degree as the degree of B.Ed. is for the purpose of proficiency in teaching and has nothing to do with the stream of graduation.
So far as the second submission of the counsel for the respondents is concerned, a perusal of the notification dated 03.10.2017 issued by the Elementary Education Department shows that those candidates who obtained the graduation degree prior to the REET examination would be eligible for Teacher Grade- III, if he has obtained the graduation degree in an additional subject after the REET qualification.
The above mentioned relaxation which provides that if a person obtained graduation degree in one additional subject would be held to be eligible, definitely would apply to the candidates like the petitioner who had obtained a degree of graduation in three additional subjects. It cannot be the intention of any (Downloaded on 24/01/2022 at 08:51:06 PM) (4 of 4) [CW-6438/2019] rule/notification/circular that a person obtaining the degree in one additional subject would be held to be eligible whereas, one who has obtained the degree in three additional subjects would not be held to be eligible.
In view of the above observations, it is held that the petitioner is eligible for appointment as Teacher Grade-III (Level - II) English.
The writ petition of the petitioner is therefore allowed and the respondents are directed to permit the petitioner to join his services at his allocated school or any school reallocated in the changed circumstances with immediate effect.
The petitioner would be entitled to all notional benefits from the date on which any person junior to him has been appointed. He would be entitled to the regular salary and all other monetary benefits form the date of joining.
(REKHA BORANA),J Ashutosh-18 (Downloaded on 24/01/2022 at 08:51:06 PM) Powered by TCPDF (www.tcpdf.org)