State Of Rajasthan vs Dilip Patidar
2022 Latest Caselaw 9046 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 612/2022

1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. Director, Elementary Education, Rajasthan, Bikaner.

3. Chief Executive Officer, Zila Parishad, Udaipur.

----Appellants Versus Sushila Meena D/o Shri Heera Lal Meena, Aged About 27 Years, By Caste Meena (St), R/o Village Khaludi Magari, Tehsil Sarada, District Udaipur (Rajasthan).

----Respondent Connected With D.B. Spl. Appl. Writ No. 1381/2019

1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Director, Elementary Education Department, Bikaner, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Banswara, Rajasthan.

4. District Elementary Education Officer, Banswara, Rajasthan.

----Appellants Versus Dilip Patidar S/o Vijay Pal Patidar, Aged About 24 Years, R/o V/p Bori, Tehsil Garhi, District Banswara, Rajasthan.

----Respondent D.B. Spl. Appl. Writ No. 39/2020

1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. Director, Elementary Education, Bikaner, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Chittorgarh.

                                                                    ----Appellants



                                             (2 of 5)                       [SAW-612/2022]


                                      Versus

Vinay Prabha Chawda W/o Late Vijay Singh, Aged About 37 Years, By Caste Rajput, Resident Of 5, Nehru Nagar, Senthi, Chittorgarh (Rajasthan).

----Respondent D.B. Spl. Appl. Writ No. 132/2020

1. The State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Elementary Education Department, Bikaner, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Chittorgarh, Rajasthan.

4. District Elementary Education Officer, Chittorgarh, Rajasthan.

----Appellants Versus Priyanka Menaria D/o Shri Keshav Ram Menaria, Aged About 28 Years, Resident Of C-8, Bapu Nagar, Road-5, Senthi, Chittorgarh, Rajasthan.

----Respondent D.B. Spl. Appl. Writ No. 633/2021

1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. Director, Elementary Education, Rajasthan, Bikaner.

3. Chief Executive Officer, Zila Parishad, Udaipur.

----Appellants Versus Basanti Gameti D/o Shri Bheru Lal Gameti, Aged About 25 Years, By Caste Bheel (St), R/o Village Barwaliya, Tehsil Nathdwara, District Rajsamand (Rajasthan). ----Respondent

D.B. Spl. Appl. Writ No. 661/2022

1. State Of Rajasthan, Through Secretary, Rural Development And Panchayati Raj Department Government Of Rajasthan Of Jaipur. Secretariat Jaipur.

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2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

3. Director, Elementary Education, Bikaner.

4. The District Education Officer (Elementary Education), Udaipur.

----Appellants Versus Girish Shrimali S/o Keshav Lal Shrimali, Aged About 26 Years, Vpo Bhutala, Tehsil Badgaon, District Udaipur, Rajasthan.

                                                                ----Respondent




For Appellant(s)          :    Mr. Pankaj Sharma, A.A.G. assisted
                               by Mr. Rishi Soni
For Respondent(s)         :    --



           HON'BLE MR. JUSTICE SANDEEP MEHTA
           HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    Order

12/07/2022

These intra court appeals involving identical issues are heard

together and being disposed of by this common order.

These special appeals are preferred against the orders

passed by the learned Single Bench whereby, the appellants are

directed to consider those candidates who have studied Banking

and Business Economics in their graduation (B.Com) eligible for

appointment on the post of Teacher Gr.III (Level-II) for the

subject Social Science.

Briefly stated facts of the case are that an Advertisement

dated 31.07.2018 was issued by the appellant No.2 inviting

applications for 2800 posts of Teacher Gr.III (Level-II) for the

subject Social Science. In the Advertisement, the qualification

prescribed for appointment on the advertised post was that the

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candidates must have passed graduation or equivalent

qualification with at least one amongst History, Geography,

Economics, Political Science, Sociology, Public Administration and

Philosophy as an optional subject.

A large number of candidates possessing the

qualification of Bachelor's degree in commerce with Banking and

Business Economics as one of the optional subjects applied

against the advertised vacancies. Their candidature, however, was

rejected on account of the fact that they had done graduation with

the subject 'Banking and Business Economics' which is not in

consonance with the qualification prescribed under Rule 266 of the

Rajasthan Panchayati Raj Rules, 1966 and the advertisement

dated 31.07.2018.

According to the Learned Single Judge, the candidates who

are having specialized subject within broader subject i.e.

Economics cannot be rendered ineligible for the grant of

appointment as the subject Banking and Business Economics can

very well be treated as part of Economics. Therefore, the

candidates who have studied Banking and Business Economics in

their graduation (B.Com) would be eligible for appointment on the

advertised post.

During the course of submissions, Shri Pankaj Sharma,

learned AAG has brought to our notice a notification dated

15.09.2021, issued by the Department of Rural Development and

Panchayati Raj (Panchayati Raj) in exercise of the powers

conferred by Section 102 of the Rajasthan Panchayati Raj Act,

1994 and all other powers enabling it in this behalf. By the

aforesaid notification, the existing Clause(3) of Rule 266 of the

Rajasthan Panchayati Raj Rules, 1996 has been amended and the

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subject Banking and Business Economics has been included as an

optional subject in addition to History, Geography, Economics,

Political Science, Sociology, Public Administration, Philosophy,

Accountancy, Economic & Financial management for appointment

on the post of Teacher Gr.III (Level-II). Learned AAG also apprised

the Court that a few candidates have been accorded appointment

in compliance of the order passed by the learned Single Bench.

From the perusal of Notification dated 15.09.2021 issued by

the Department of Rural Development & Panchayati Raj

(Panchayati Raj), it is clear that the candidates who have studied

Banking and Business Economics in their graduation (B.Com)

would be eligible for the appointment on the post of Teacher Gr.III

(Level-II) in subject Social Science.

In the view of the above development, we do not find any

reason to interfere in the judgments rendered by the learned

Single Judge.

The special appeals are therefore, dismissed accordingly.

(KULDEEP MATHUR),J (SANDEEP MEHTA),J 70-74-S-151-KshamaD/-

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