Rajasthan High Court
State Of Rajasthan vs Meva Devi Gupta D/O Shri Shiv Kumar ... on 2 August, 2021
Bench: Sabina, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 636/2021
In
S.B. Civil Writ Petition No.10761/2018
1. State Of Rajasthan, Through The Principal Secretary,
Panchayati Raj Department, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Zila Parishad Alwar, Through Its Chief Executive Officer.
----Appellants
Versus
Meva Devi Gupta D/o Shri Shiv Kumar Gupta, R/o Near Fort
Alwar Gate, Malakheda District Alwar, Rajasthan.
----Respondent
For Appellant(s) : Dr. Ganesh Parihar, Additional
Advocate General
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
02/08/2021
Appellant-State has filed the appeal challenging the
order dated 05.10.2018 passed by the learned Single Judge,
whereby, writ petition filed by the respondent was disposed of.
Learned State Counsel has submitted that the learned
Single Judge has erred in basing reliance on the decision given in
Neeraj Kumar Patidar Vs. The State of Rajasthan and Ors. (S.B.
Civil Writ Petition No.10749/2018) decided on 29.08.2018. In-fact,
respondent was required to have at least 50% marks in her Senior
Secondary examination. Respondent was having 38.62% marks in
her Senior Secondary examination.
(2 of 4) [SAW-636/2021]
Respondent had applied for the post of Teacher Grade
III (Level-I) in pursuance to the advertisement dated 11.08.2013.
Respondent had applied in the divorcee category. Respondent was
declared selected in revised result issued on 30.04.2018 against
the General (Divorcee) category and was called for counseling.
However, vide order dated 08.05.2018, the candidature of the
respondent was rejected on the ground that she had got less than
minimum marks in her Senior Secondary examination. Aggrieved
against the said order respondent filed writ petition in this Court.
Learned Single Judge disposed of the writ petition vide
order dated 05.10.2018. The order dated 05.10.2018 reads as
under:-
"1. Counsel for the petitioner submits that issue
involved in this writ petition is squarely covered the
judgment passed by a Coordinate Bench of this court at
Principal Seat Jodhpur in the matter of Neeraj Kumar
Patidar Vs. The State of Rajasthan and others (S.B.
Civil Writ Petition No.10749/2018) decided on
29.08.2018 where in it has been held as under:-
"This Court after hearing learned counsel
for the parties and perusing record is of the
opinion that once law has been promulgated, as
per which, Rule 266(3)(a) of the Rules of `1996
by which the NCTE notification governing the
field has been adopted as the necessary criteria
then that has attained sanctity and validity of
State legislation as well. A bare perusal of the
NCTE notification dated 29.7.2011, which is
operating in the field for recruitment on the post
of Teacher Grade III (Level-I) (Class-1 to 5)
goes to sow that in alternate of 50% in Senior
Secondary, qualification of Graduation and two
year Diploma in Elementary Education is
envisaged. This is in complete alternate to the
minimum qualification of Senior Secondary with
at least 50% (by whatever name known). Thus,
once a complete alternative qualification is laid
(3 of 4) [SAW-636/2021]
down and the petitioner is having a valid
graduation and two year Diploma in Elementary
Education, then he cannot be disqualified on the
ground of not processing minimum of 50%
marks in his Senior Secondary.
In light of the aforesaid discussion, the writ
petition is allowed. The respondents are directed
to consider petitioner's candidature on his own
eligibility and merit in pursuance of the
advertisement dated 12.4.2018 for recruitment
on the post of Teacher Grade-III, Level-I (Class-
1 to 5) without prejudice to the fact that the
petitioner is not having at least 50% marks in
his Senior Secondary because the petitioner is
already having a valid qualification of Graduation
and Two year Diploma in Elementary Education,
thus, is having the minimum qualification in
accordance with Rule 266 (3)(a) of the Rules of
1995 as well as the NCTE notification dated
29.7.2011."
2. Mr. Y.S. Jadaun for Mr. S.K. Gupta, AAG appearing
for the State has admitted the submissions made by
the counsel for the petitioner.
3. In that view of the matter, the writ petition filed by
the petitioner stands disposed of in view of the
judgment passed by the Co-ordinate Bench of this
court at Principal Seat Jodhpur in the matter of Neeraj
Kumar Patidar (supra).
4. The respondents are directed to consider petitioner's
candidature on his own eligibility and merit in
pursuance of the advertisement dated 12.4.2018 for
recruitment on the post of Teacher Grade-III, Level-I
(Class-1 to 5) without prejudice to the fact that the
petitioner is not having at least 50% marks in his
Senior Secondary because the petitioner is already
having a valid qualification of Graduation and Two year
Diploma in Elementary Education, thus, is having the
minimum qualification in accordance with Rule 266 (3)
(a) of the Rules of 1995 as well as the NCTE
notification dated 29.7.2011."
Learned Single Judge had disposed of the writ petition
in terms of the decision given by learned Single Judge in Neeraj
(4 of 4) [SAW-636/2021]
Kumar Patidar's case (supra). Admittedly, the decision given in
Neeraj Kumar Patidar's case has attained finality.
In view of the notification dated 29.07.2011 issued by
the National Council for Teacher Education (in short "NCTE"),
which was operating in recruitment to the post of Teacher Grade
III (Level-I), in alternate to 50% marks in Senior Secondary,
qualification of Graduation and two year Diploma in Elementary
Education is envisaged. Respondent is a graduate and is having
two year Diploma in Elementary Education.
In these circumstances, learned Single Judge rightly
based reliance on the Rule 266(3)(a) of the Rajasthan Panchayati
Raj Rules, 1996 as well as notification dated 29.07.2011 issued by
the NCTE, while directing the appellants to consider the
candidature of the respondent on her own eligibility and merit in
pursuance to the advertisement dated 11.08.2013 for recruitment
to the post of Teacher Grade III (Level-I) (Class-1 to 5).
No ground for interference is made out.
Dismissed.
(CHANDRA KUMAR SONGARA),J (SABINA),J
Ashish Kumar /47
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