Rajasthan High Court - Jodhpur
Ritesh Gamot vs State Of Rajasthan on 23 January, 2023
Bench: Dinesh Mehta
(1 of 5) [CW-962/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 962/2023
Ritesh Gamot S/o Shri Natwar Gamot, Aged About 36 Years, R/o
Bherav Chok, Vamasa, District Dungarpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Department Of Elementary Education,
Government Of Rajasthan, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, State Agriculture
Management Institute Campus, Durgapura, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ravinder Singh Champawat
For Respondent(s) : Mr. Vinit Sanadhya
JUSTICE DINESH MEHTA
Order
23/01/2023
1. By way of present petition, the petitioner has prayed that the
respondent No.3 - the Rajasthan Staff Selection Board be directed
to accept the petitioner's online application form for the post of
Teacher Grade-III (Level-2) pursuant to the advertisement dated
16.12.2022.
2. The petitioner had appeared in the Rajasthan Eligibility
Examination for Teachers-2022 (hereinafter referred to as 'REET-
2022'), which is a qualifying examination and a candidate has to
pass such exam for the purpose of seeking appointment on the
post of Teacher Grade-III Level 1 or 2, as per Rule 269 of the
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Rajasthan Panchayati Raj Rules, 1966 (hereinafter referred to as
'the Rules of 1966').
3. The petitioner as a general candidate having appeared in
REET-2022 secured 89.34 marks which if converted into
percentage comes out to be 59.56%.
4. As per terms of the advertisement dated 16.12.2022, a
candidate of general category has to secure minimum of 60%
marks in REET to be eligible to apply for the post of Teacher
Grade-III (Level-2).
5. Learned counsel for the petitioner submitted that petitioner's
marks being 59.56% are required to be rounded off. And when
rounded off, his marks becomes 60% and thus, petitioner is
eligible to apply for the post advertised by way of advertisement
dated 16.12.2022.
6. Learned counsel submitted that Co-ordinate Bench of this
Court at Jaipur has passed interim orders in exactly similar
matters and thus, identical order be passed in petitioner's case as
well.
7. Mr. Sanadhya, learned counsel appearing for the respondent,
on the other hand, argued that the petitioner's prayer of rounding
off the marks secured by him in the REET examination, cannot be
countenanced given the fact that the Board of Secondary
Education has decided to declare candidates having secured
minimum 60% marks in general category to be successful.
8. Learned counsel invited Court's attention towards the marks-
sheet issued by the Board of Secondary Education, Rajasthan,
Ajmer which has conducted REET Examination and highlighted
that the petitioner has been declared "Not eligible for Level-2". It
was also submitted that petitioner's prayer for rounding off marks
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cannot be acceded to in light of the decision of this Court at Jaipur
Bench in D.B. Special Appeal Writ No.348/2018 (The
Coordinator Vs. Chanchal Jalwaniya & Ors.; decided on
09.05.2019).
9. In rejoinder, Mr. Ravinder Singh, learned counsel for the
petitioner argued that the Division Bench judgment does not take
into consideration, the judgment of Hon'ble the Supreme Court
rendered in the case of State of U.P. & Anr. Vs. Pawan Kumar
Tiwari & Ors., decided on 04.01.2005. He argued that though
the same was cited before the Division Bench of this Court but has
not been taken into consideration and hence the Division Bench
judgment be not followed. He submitted that the petitioner is
entitled to appear for Teacher Grade-III (Level-2) in light of
Hon'ble the Supreme Court judgment in the case of Pawan
Kumar(supra).
10. Heard learned counsel for the parties and perused the
material available on record.
11. There is no gainsaying the fact that the petitioner had
secured 89.34 marks and if converted to percentage it is 59.56%.
A perusal of the condition of the advertisement clearly shows that
a candidate to be eligible to appear for Teacher Grade-III (Level-2)
must secure minimum of 60% marks, as has been decided by the
State Government per-viam order dated 16.12.2020.
12. Apart from the fact that the Board of Secondary Education
itself has found the petitioner to be ineligible for the post of
Teacher Grade-III (Level-2), it is to be noted that the requirement
is "minimum 60%". If the lower ceiling is given, any point or
degree less than such lower cap renders a candidate ineligible.
The marks obtained by a candidate can neither be rounded off nor
(4 of 5) [CW-962/2023]
can unwarranted indulgence be given to a candidate especially in
the present era of cut throat competition for jobs.
13. This Court is not much convinced with the argument of Mr.
Singh that the marks are required to be rounded off to the nearest
whole figure. The Court cannot have misplaced sympathy in the
name of equitable jurisdiction.
14. The Division Bench's judgment cited by Mr. Sanadhya
squarely covers the controversy against the petitioner
15. So far as judgment of Hon'ble the Supreme Court in the case
of State of Uttar Pradesh & Anr. Vs. Pawan Kumar & Ors. (supra) is
concerned, the same is clearly distinguishable on the facts. In said
case, rounding off was permitted by the Supreme Court in view of
the fact that the number of persons/posts were to be calculated.
Obviously, when it comes to calculating number of persons or
posts, the same has to be rounded off because, a human being or
post cannot be reckoned in decimal/fraction value.
16. In view of the discussion forgoing, this Court does not find
any substance and merit in petitioner's contention and regardless
of the fact that Jaipur Bench of this Court in Avani Sharma Vs.
State of Rajasthan (D.B. Civil Writ Petition No.19527/2022) has
passed the following interim order;
"Learned counsel for petitioners states
that petitioners have secured 88 marks in
REET-2022 (Level II) which is equal to 59.56%,
on rounding off the same, it becomes 60% and
therefore, petitioner deserves to qualify REET-
2022(Level II) and becomes eligible to
participate in the selection process of
Teacher(Level-II). The counsel has placed
reliance on the order dated 03.11.2022 passed
by Calcutta High Court wherein candidates who
obtained 82 marks were treated as having
passed by rounding of their percentage to 55%.
Heard.
Issue notice.
(5 of 5) [CW-962/2023]
In the meanwhile, petitioner may be
permitted to submit application form for the
post of Teacher Grade II pursuant to
advertisement dated 14.12.2022 treating her
percentage in REET-2022 as 60%."
17. This Court is not persuaded to follow the interim order
passed by the Jaipur Bench, as the basic question itself stands
decided as hereinabove.
18. The petition, therefore, fails.
19. Stay application also stands disposed of.
(DINESH MEHTA),J
69-Arvind/-
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