Dismissed

Smt Meeta Majumdar v. State of Raj and Ors.

Rajasthan HC14 May 2014CW/5506/2003

Case brief

AI extract

What is this about?

The High Bench dismissed the writ petition challenging the non-consideration of the petitioner's candidature for a Sr. Teacher post. The court held that the petitioner scored significantly lower than the last successful candidate, rendering the legal contentions regarding eligibility criteria meritless, irrespective of rule amendments.

What did the court decide?

The writ application is dismissed with no order as to costs.

Smt Meeta Majumdar Vs State of Raj and Ors. — Service and Employment | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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O R D E R

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S.B. Civil Writ Petition No.5506/2003

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Smt. Meeta Majumdar Vs. The State of Raj. & Ors.

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Date of Order :::: 14.05.2014

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PRESENT

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HON'BLE MR.JUSTICE VEERENDR SINGH SIRADHANA

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Dr. Saugath Roy, for the petitioner. Mr. S.K.Sharma, G.C., for the State-respondents.

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With the consent of the learned counsel for the parties the matter was heard for final adjudication.

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The controversy raised in the instant writ application is for non-consideration of the candidature of the petitioner seeking appointment to the post of Sr.Teacher (Mathematics), for she did not possess a degree of Mathematics with one Science subject, a condition stipulated in the advertisement inviting applications from eligible candidates in the recruitment process.

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In response to the notice of the writ application, the State-respondents in the reply have submitted that the last cut off marks in the category of OBC (Female) were 78.492 whereas the petitioner secured only 62.319 and therefore, she cannot have

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any grievance. Further, the petitioner is estopped from challenging the selection criteria after having unsuccessfully participated in the selection process without any demur.

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The learned counsel for the petitioner referring to the opinion of this Court in case of Sunila & Anr. Vs. State of Raj. & Anr.; reported in WLC (Raj.) 2004(3), 434; argued that the respondents stipulated the condition of degree of Mathematics along with Science subject, contrary to the Rajasthan Educational Service Rules, 1971 (herein after referred to as the 'Rules, 1971', for short). The Rules of 1971, contemplate the requisite qualification for the post of Sr.Teacher, as graduate or equivalent examination from the recognized University. It is further submitted that the Scheme of the Rules of 1971, would demonstrate that it is nowhere provided for a candidate to possess a degree in Mathematics has to be along with one Science subject either Physics or Chemistry besides a Degree of B.Ed., from the recognized University.

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Heard the learned counsel for the parties and carefully perused the materials available on record.

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It is an admitted fact that the last selected candidate in the category of OBC (Female) acquired 78.492 marks whereas the petitioner, in the same category, is far below with 62.319 marks.

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In this view of the admitted factual matrix, the writ application preferred by the petitioner is without any substance and merits rejection.

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However, the State-respondents have invited the attention of this Court to the amendment in the Rules of 1971, effected vide notification dated 26^th July, 2012, wherein the schedule (a-i) appended to the Rules of 1971 under the heading of “Section F General Teachers”, the existing clause (a) in column number 4 against serial number 8(a), has been substituted thus:

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“(a-i) For posts at serial number 1, 2, 3 and 5 in column number 2 -

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Graduate or equivalent examination with concerned subject as optional subject, and

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Degree or Diploma in Education recognized by National Council for Teacher Education. (a-ii) For posts at serial number 4

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in column number 2-

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Graduate or equivalent examination with at least two of the following subjects as optional subjects :Physics, Chemistry, Zoology, Botany, MicroBiology, Bio-technology and Biochemistry, and

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Degree or Diploma in Education recognized by National Council for Teacher Education.”

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Thus, in view of the amendment of the Rules of 1971, the incumbent is required to possess the educational qualification of Graduate or equivalent examination with at least two of the following subjects as optional subjects i.e. Physics, Chemistry, Zoology, Botany, Micro-Biology, Bio-technology and Bio-chemistry, and Degree or Diploma in Education recognized by National Council for Teacher Education. Therefore, in view of the amendment, the claim of the petitioner cannot be sustained in favour of the as well.

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Without expressing any opinion on the amendment, since the recruitment process involved dates back to the year 2003; I find no substance in the writ application as the petitioner stood far below in the merit list than the last selected candidate in the category.

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11. The writ application is devoid of any substance

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and is hereby dismissed; however, in the facts and circumstances, with no order as to costs.

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(VEERENDR SINGH SIRADHANA)J.

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Pcg

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All corrections made in judgment/order have been incorporated in the judgment/order being emailed. P.C.Gupta, Sr.P.A.

Smt Meeta Majumdar v. State of Raj and Ors.

Case brief

What is this about?

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Smt Meeta Majumdar v. State of Raj and Ors.

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