Rajasthan High Court - Jodhpur
Premlata Purohit vs State Of Rajasthan on 7 December, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14573/2018
Premlata Purohit W/o Late Shri Sanjay Sharma, Aged About 43
Years, By Caste Purohit, Resident Of Near Surbai Mandir, Purohit
Pole, Amet, District Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Panchayati Raj, Jaipur, Rajasthan.
2. Chief Executive Officer (Ceo), Zila Parishad, Rajsamand,
District Rajsamand.
3. District Education Officer (Elementary), District
Rajsamand.
----Respondents
For Petitioner(s) : Mr. Kanishk Singhvi
For Respondent(s) : Mr. G.S. Chouhan for
Mr. K.K. Bissa, A.G.C.
HON'BLE MS. JUSTICE REKHA BORANA
Order
07/12/2022
The present petition has been filed against the order dated
11.09.2017 whereby candidature of the petitioner was rejected on
the ground that she did not possess 45% marks in her Senior
Secondary qualification.
Learned counsel for the petitioner submits that the
controversy in the present petition is covered by a judgment of
the Division Bench of this Court in the case of Bharti Upadhayay
vs. State of Rajasthan & Ors.; D.B. Special Appeal Writ
No.1122/2017 decided on 10.08.2018.
(2 of 3) [CW-14573/2018]
Learned counsel for the respondents is not in a position to
refute the said fact.
In Bharti Upadhayay's case (supra), the Division Bench
observed and held as under:
"Thus, in view of the above discussion, we find
that there is nothing to distinguish the case of the
appellant from that of Sushil Sompura (supra)
wherein a statement was given by the learned
counsel for the N.C.T.E. that they shall not insist upon
45% or 50% marks, as the case may be, in case,
they had done their senior secondary prior to the
Notification dated 27.09.2007 and 31.08.2009. The
relaxation upto 5% in the qualifying examination of
Senior Secondary for appointment has to relate and
different percentage of marks cannot be laid down for
admission to the requisite course of B.S.T.C. and
different for appointment to the post of Teacher, for
which B.S.T.C. Course is necessary. Since the
relaxation is permissible by the N.C.T.E. for admission
in various Teachers Education Courses, the same
relaxation has to be given for appointment in a job
requiring the said certificate of a Teachers Education
Course. In case, the Senior Secondary Certificate of
the appellant with 42.31% marks is rejected for
appointment to the post of Teacher, the very course
of B.S.T.C., in which she was granted admission on
the basis of the same Senior Secondary Certificate
would be rendered a mere piece of paper. It would
be highly discriminatory, unfair and unjust.
Accordingly, the present special appeal is
allowed. The Order dated 22.11.2017 passed by the
learned Single Judge is set aside. We direct the
respondents to consider the case of the appellant for
appointment on the post of Teacher Grade-III after
treating her as having obtained the requisite
qualifying marks in the Senior Secondary Examination
in case, she is otherwise eligible. The needful be
done within one month of the receipt of certified copy
of this order."
In view of the ratio as laid down in the case of Bharti
Upadhayay (supra), the present petition is allowed. The order
dated 11.09.2017 is hereby quashed and set aside. The
respondent authorities are directed to consider the case of the
petitioner for appointment on the post of Teacher Grade-III Level-I
(Class 1 to 5) qua widow category after treating her as having
obtained the requisite qualifying marks in the Senior Secondary
Examination in case, she is otherwise eligible.
(3 of 3) [CW-14573/2018]
The needful be done within a period of two months from the
date of receipt of the present order.
All the pending applications stand disposed of.
(REKHA BORANA),J
275-T.Singh/-
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