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For Respondents :

Mr. SN Kumawat, Addl. Adv. Gen. for State and RPSC Mr. Ganesh Meena (Govt. Counsel).

Sarva Shri Rajendra Soni, V.K. Sharma for AK Sharma, Raghunandan Sharma, for private respondents Since common controversy has been raised in a bunch of instant petitions, hence heard together at joint request and they are being finally disposed of at admission stage by common order.

Main controversy raised herein for consideration is as to whether qualification of "Varishtha Upadhayay" is one of essential academic qualifications to be possessed by the applicant for being considered for the post of Teacher Gr.III (Sanskrit) Upper Primary Section, for which selection was held by Rajasthan Public Service Commission ("PSC").

Respondent-PSC issued an advertisement on 20/06/2008 inviting applications for the posts of Sanskrit & General Teacher Gr.III under Rules, 1978. However, after issuance of amendment notification dt.22/08/2008 (supra) when the post of Sanskrit Teacher Gr.III was bifurcated into Primary & Upper Primary Section, corrigendum was issued by respondent-PSC on 02/09/2008 making corresponding correction in original advertisement dt. 20/06/2008 and the post of Teachers (Sanskrit/ General) was bifurcated into two separate categories placed at serial No.21 as Teacher Gr.III (Sanskrit-Primary Section) and S.No.24 was notified as Teacher Gr.III 'Sanskrit' (Upper Primary School Section) and corrigendum was simultaneously made for the post of Teacher Gr.III (General) & S.No.22 was notified for Teacher Gr.III (Primary School) and S.No.25 as Teacher Gr.III (Upper Primary School Section).

Although the writ petitioners appeared in written examination held by respondent PSC for the post of Teacher Gr.III (Sanskrit) and respondent-PSC on declaration of result of the written examination sent them intimation of being provisionally selected but later on their candidature was rejected by respondent-PSC on the premise of not holding essential academic qualification of Varishtha Upadhayay in terms of Rules, 1978; which has been assailed by writ petitioners herein.

The controversy raised herein confines to the eligibility examined by respondent-PSC in regard to the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section) indicated at S.No.24 in corrigendum dt. 02/09/2008 issued by respondent-PSC.

Counsel for petitioners further submits that even in terms of amendment notification dt.22/08/2008 Graduate with Shiksha Shastri or its equivalent (B.Ed.) is also an alternative qualification for the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section) which all the petitioners are holding; as such the decision of respondent-PSC in holding "Varishtha Upadhayay" as essential academic qualification is contrary to amendment notification dt.22/08/2008; and it has been contended that they should be held as eligible and respondent-PSC may be directed to consider them for appointment as per their placement in the order of merit for the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section).