- (1.) The writ petitions have been preferred by the petitioners assailing constitutionality of the amendment made in the Rules called as Rajasthan Educational Subordinate Service Rules, 1971 (for short the Rules of 1971 ).
(2.) Initially, the rules of 1971 were amended by way of Rajasthan Educational Subordinate Service (Amendment) Rules, 2008 (for short the Amendment Rules, 2008 ) notified on 18.7.2008 by the Government of Rajasthan, Department of Personnel, thereby amending the Schedule-I, existing entries at Serial No.8(a) and entries thereto occurring under the heading Section F-General Teacher of Schedule-I. By way of amendment, Senior Teachers have been categorized in six categories i.e. (1) Hindi, (2) English, (3) Maths, (4) Science, (5) Third Language and (6) Social Science. For the said post, the qualifications were prescribed in Column 4 to be graduate or equivalent examination with the concerned subject and one more subject taught in class IX and X as optional subjects. As there were no optional subjects in Class IX & X and only compulsory subjects are taught, to correct the provision with respect to Senior Teacher, another amendment was made retrospectively w.e.f. 18.7.2008 by way of the Rajasthan Educational Subordinate Service (Amendment) Rules, 2010 (for short the Amendment Rules, 2010 ) notified on 16.4.2010. The amendment which has been made in the Schedule 8(a) (i-b) for Science Teacher clarifies that the qualification is to be graduate or equivalent examination with Zoology, Botany and Chemistry as optional subjects for the post mentioned at Serial Number 4 in Column Number 2. Thus, for the post of Senior Teacher, the qualification of graduate or equivalent examination with subjects Zoology, Botany and Chemistry has been prescribed. The amendment made in the Schedule with respect to the Senior Teacher of Science as amended by the Amendment Rules, 2010 has been questioned in the writ applications.
(3.) Facts in short are that the Rules of 1971 were amended w.e.f. 18.7.2008 by the Amendment Rules of 2008. An advertisement was issued by respondent No.2-RPSC inviting applications for the post of Senior Teacher of Science on 13.8.2008.;