VINAY KUMAR SWAMI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2000-5-49
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on May 19,2000

VINAY KUMAR SWAMI Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

SHARMA, J. - (1.) PETITIONER was not found eligible for appointment to the post of Teacher Grade III on the ground that while passing secondary examination he did opt `sanskrit' and not Hindi as one of the subject.
(2.) ZILA Parishad Jhunjhunu in the advertisement dated June 16, 1998 specifically mentioned that for seeking appointment to the post of Teacher Grade III a person must have passed Secondary Examination of 10+2 and Old Scheme Higher Secondary or equivalent examination from the Board of Secondary Education with five subjects including Hindi, English and Maths. In pursuance to the advertisement the petitioner submitted application on June 27, 1998 and secured 102 marks but his name was not included in the select list as he did not opt Hindi in Secondary Examination. In 1992 and 1995 the petitioner respectively passed Secondary and Senior Secondary Examinations from Central Board. Under the scheme of Secondary School Examination of Central Board from the optional subjects Hindi and Sanskrit the petitioner opted Sanskrit but while qualifying Senior Secondary Examination the petitioner appeared in Hindi compulsory paper and also qualified the paper of `hindi Mother Tongue'. The petitioner also qualified B. S. T. C. Two Year training in 1997. Undeniably Central Board of Secondary Education is approved and recognised by the State Government. I have heard rival submissions and closely scanned the material on record. The petitioner passed Secondary Examination with Sanskrit as optional subject and Senior Secondary Examination with subjects Hindi and Hindi Mother Tongue. To my mind Sanskrit language cannot be treated as inferior language in comparison to Hindi. The branches of knowledge and training had their peaks of growth and they also saw the period of decay as recorded in ancient Indian Sanskrit literature. We Indians owe our National identity to our rich spiritual and cultural heritage. This heritage is rooted in Vedas. Unfortunately, because of an alien system of education we have become foreigners to our own heritage. We have almost forgotten our National identity. It is harsh reality that in respect of culture, we are rootless today. We have been living with borrowed ideas and because of this reason scholars in Sanskrit language do not command proper respect. If we turn the pages of History, we find that Sanskrit is the mother of Hindi. It is unfortunate that the petitioner who opted Sanskrit as one of the subject in Secondary Examination was not declared eligible on the ground that instead of Hindi he opted Sanskrit. The petitioner though qualified Senior Secondary Examination with Hindi and Hindi Mother Tongue papers yet his candidature was not considered for appointment to the post of Teacher Grade III. I do not find any justification in the act of respondents in rejecting the candidature of the petitioner. In my opinion the petitioner possesses better educational qualification in Hindi than the required one. Thus the decision of the respondents in holding the petitioner ineligible for the post of Teacher Grade III is arbitrary and violative of Articles 14 and 16 of the Constitution of India. In the result the writ petition succeeds and is hereby allowed. The respondents are directed to appoint the petitioner on the post of Primary School Teacher Grade III in view of his merit against the reserved vacancies of OBC with all consequential benefits. Costs easy. . ;


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