SUNITA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Let the petitioner in writ petition no. 573/1998 (treated as I. A. No. 5 in C. A. No. 5550-5551/1998) be treated as an appellant.

(2.) A batch of writ petitions were filed before the High Court in relation to recruitment to the posts of primary school teachers grade-III in rural schools under the panchayat samitis. The minimum qualification prescribed for appointment as primary school teacher is matric (secondary) with B. S. T. C. /s. T. C. training or any other qualification declared equivalent by the education department of the state government. However, the government in exercise of its power under rule 17 of the Rajasthan Panchayat Samitis and Zila Parishads Rule, 1959 issued directions fixing minimum qualification for the eligibility to be appointed as teachers in primary school as secondary with five subjects including Hindi, English and maths and senior secondary with b. S. T. C. or B. Ed. or any other qualification declared equivalent by the education department and the Board of Secondary education, Ajmer. It was also contended before the court that the students passing senior secondary (vocational) examination are eligible for taking the admission in B. S. T. C. or for higher course and are also eligible to be appointed to the posts of teachers-grade-III.

(3.) On these aspects, the High Court posed two questions in relation to prescription of minimum qualification by the government by its circular in exercise of its power under rule 17 of the rules and whether senior secondary (vocational) qualification is equivalent to senior secondary (academic) qualification of board.