Petitioner challenged rejection for Teacher Grade-II (English Literature) post, claiming English was a regular subject. Court held requisite qualification demands optional subject per Rules of 1971 and advertisement.
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[2023:RJ-JP:39193]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7561/2003
Seema W/o Shri Hamendra Vashist, aged about 26 years, R/o E- 61, Prem Nagar, Khatipura Road, Jhotwara, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dinesh Yadav For Respondent(s) : Mr. S. Zakawat Ali, AGC
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
12/12/2023
[2023:RJ-JP:39193]
[CW-7561/2003]
(2 of 3)
subject and therefore, she is entitled for consideration for selection and appointment to the post of Teacher Grade-II (English Literature). Counsel submits that the action of the respondents in not considering the candidature of the petitioner for appointment to the post of Teacher Grade-II (English Literature), is illegal, arbitrary and violative of Article 42 of the Constitution of India.
[2023:RJ-JP:39193]
[CW-7561/2003]
(3 of 3)
as an optional subject in her Graduation thus issuing directions to the respondents for consideration of her candidature without having the requisite qualification, will amount to dehors of the Rules of 1971. It is a settled principle of service jurisprudence that no candidate can be given appointment on the post without having the requisite qualifications in accordance with the Rules of 1971 and the terms & conditions mentioned in the advertisement.
(GANESH RAM MEENA),J
DIVYA SAINI /117
3 issues framed by the court
Whether the petitioner is entitled to appointment as Teacher Grade-II (English Literature) without English Literatures as an optional subject in graduation.
Whether the respondents can be directed to consider the petitioner's candidature despite lack of requisite qualification under Rules of 1971
Whether treating English as a regular subject instead of optional subject satisfies the educational qualification criteria
3 provisions across 2 enactments
Seema W/o Shri Hamendra Vashist
State Of Rajasthan Through Its Secretary, Secondary Education, Government Of Rajasthan
Director, Secondary Education, Government Of Rajasthan, Bikaner
Deputy Director Secondary Education, Jaipur Region, Jaipur
Deputy Director Secondary Education, Jodhpur Region, Jodhpur
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
