- (1.) SINCE common controversy has been raised in a bunch of instant petitions, hence heard together at joint request and they are being finally disposed of at admission stage by common order.
(2.) MAIN controversy raised herein for consideration is as to whether qualification of "Varishtha Upadhayay" is one of essential academic qualifications to be possessed by the applicant for being considered for the post of Teacher Gr.III (Sanskrit) Upper Primary Section, for which selection was held by Rajasthan Public Service Commission ("PSC"). Posts of Teacher Gr.III (Sanskrit/ General) are included in the Schedule appended to Rajasthan Sanskrit Education Subordinate Service Rules, 1978 ("Rules, 1978") and the amendment was made under proviso to Art.309 of the Constitution vide notification dt. 10/06/2008 revising the qualification for the post of Teacher Gr.II & Teacher Gr.III Sanskrit/General and Schedule-II was appended laying down the procedure & syllabus for holding competitive examination for the posts of Teacher Gr.II & Gr.III (Sanskrit/General); details whereof will be referred to at a later stage. However, it appears that after having taken note of the judgment of this Court (DB) in Kailash Chandra Harijan Vs. State (2006(1) RLR 665) wherein it was held that those who were holders of B.Ed. or other equivalent qualification cannot be treated at par with BSTC and are not eligible for Primary Section, further amendment was made vide notification dt.22/08/2008 and the post of Teacher Gr.III (Sanskrit) was bifurcated into two levels i.e. Primary & Upper Primary School Section and the same break up is made for Teacher Gr.III (General). Respondent-PSC issued an advertisement on 20/06/2008 inviting applications for the posts of Sanskrit & General Teacher Gr.III under Rules, 1978. However, after issuance of amendment notification dt.22/08/2008 (supra) when the post of Sanskrit Teacher Gr.III was bifurcated into Primary & Upper Primary Section, corrigendum was issued by respondent-PSC on 02/09/2008 making corresponding correction in original advertisement dt. 20/06/2008 and the post of Teachers (Sanskrit/ General) was bifurcated into two separate categories placed at serial No.21 as Teacher Gr.III (Sanskrit-Primary Section) and S.No.24 was notified as Teacher Gr.III 'Sanskrit' (Upper Primary School Section) and corrigendum was simultaneously made for the post of Teacher Gr.III (General) & S.No.22 was notified for Teacher Gr.III (Primary School) and S.No.25 as Teacher Gr.III (Upper Primary School Section). All the writ petitioners indisputably are not holding qualification of "Varishtha Upadhayay" or equivalent traditional Sanskrit Examination with Sanskrit Medium, being one of essential academic qualifications for the post of Teacher Gr.III (Sanskrit) for Upper Primary Middle School Section, as per amendment notification dt.22/08/2008. However, almost all of them, as alleged, are either holders of Senior Secondary with Sanskrit as one of optional subjects or holding Sanskrit as optional subject at Under Graduate level or few of them did Master of Arts in Sanskrit also with Shiksha Shastri or equivalent course i.e. B.Ed. (Sanskrit). Although the writ petitioners appeared in written examination held by respondent PSC for the post of Teacher Gr.III (Sanskrit) and respondent-PSC on declaration of result of the written examination sent them intimation of being provisionally selected but later on their candidature was rejected by respondent-PSC on the premise of not holding essential academic qualification of Varishtha Upadhayay in terms of Rules, 1978; which has been assailed by writ petitioners herein. The controversy raised herein confines to the eligibility examined by respondent-PSC in regard to the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section) indicated at S.No.24 in corrigendum dt. 02/09/2008 issued by respondent-PSC. Main thrust of submissions of Counsel for the petitioners is that they all are Graduates with Shiksha Shastri/B.Ed (Sanskrit) and having Sanskrit as one of optional subjects at Senior Secondary/Under-Graduate level and such candidates possessing Sanskrit subject at all levels and few of them being post graduate in Sanskrit, are certainly eligible in terms of amendment notification dt.22/08/2008 and rejection of their candidature by respondent-PSC on the premise of not holding qualification of "Varishtha Upadhayay" is wholly arbitrary and their action is in violation of Art.14 of the Constitution.
(3.) COUNSEL for petitioners further submits that even in terms of amendment notification dt.22/08/2008 Graduate with Shiksha Shastri or its equivalent (B.Ed.) is also an alternative qualification for the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section) which all the petitioners are holding; as such the decision of respondent-PSC in holding "Varishtha Upadhayay" as essential academic qualification is contrary to amendment notification dt.22/08/2008; and it has been contended that they should be held as eligible and respondent-PSC may be directed to consider them for appointment as per their placement in the order of merit for the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section). COUNSEL for petitioners further jointly submit that the petitioners on having provisionally appeared in written examination & selected, cannot be later on held to be ineligible; more so while holding higher qualification than what has been prescribed under notification dt.22/08/2008; rejection of their candidature by respondent-PSC on the premise of not holding academic qualification of Varishtha Upadhayay is without application of mind and deserves to be set aside. Respondents have filed reply to the writ petition and it has been jointly submitted that under amendment notification dt.22/08/2008 "Varishtha Upadhayay" is one of essential academic qualifications and other alternate qualifications provided in sub-clause (ii) has to be possessed alongwith academic qualification of "Varishtha Upadhayay", which alone will consider the applicant as eligible for the post of Teacher Gr.III (Sanskrit) (Upper Primary School Section). It has been further contended by Counsel for respondents that the petitioners are not holding academic qualification of "Varishtha Upadhayay" or equivalent qualification but are holders of equivalent qualification which makes them eligible for the post of Teacher Gr.III (General) (Upper Primary Middle School Section); and unless the applicant holds the qualification of Sanskrit stream as reflected to under the Rules, 1978, absence whereof cannot hold them for being considered as eligible to the post of Teacher Gr.III (Sanskrit) and no error has been committed by respondents in taking decision while holding for the post of Teacher Gr. III (Sanskrit) Upper Primary (Middle School Section) that the applicant is supposed to possess qualification of "Varishtha Upadhayay" as one of basic academic qualifications and it is in conformity with the amendment made vide notification dt. 22/08/2008. In support, Government Counsel relied upon the decision of Division Bench of this Court in Prem Narain Vs. State (Special Appeal (Writ)-920/1996 & (10) cognate appeals decided on 13/01/1997). This Court has considered rival contentions advanced at the Bar and with their assistance, examined the material on record. Indisputably either of petitioners is not holding essential academic qualification of "Varishtha Upadhayay" or any other equivalent traditional Sanskrit examination with Sanskrit medium. At the same time, they were permitted to appear & participate in written examination held pursuant to advertisement dt.20/06/2008 & corrigendum dt.02/09/2008 for the post of Teacher Gr.III (Primary/Upper Primary Middle School); and upon declaring result of written examination (supra), petitioners were informed of their provisional selection but their candidature was later on rejected by respondent-PSC on the premise of not holding essential academic qualification of "Varishtha Upadhayay" in terms of Rules, 1978. The Department of Sanskrit Education on its Website has granted equivalence of Sanskrit Degrees, copy whereof being placed on record reads ad infra:- Sanskrit Degrees Equivalent To Praveshika Secondary Varshitha Upadhyaya Senior Secondary Shastri Graduate Acharya Post Graduate Shiksha Shastri B.Ed. Post of Teacher Gr.III is included in the Schedule appended to the Rules, 1978. However, Syllabus for holding competitive examination under the Schedule & Scheme of Rules, 1978 was amended by State Government in exercise of powers under proviso to Art.309 of the Constitution vide notification dt.10/06/2008; however, no breakup was made under it in regard to primary/upper primary School (middle school section). At the same time, Schedule-II was inserted laying down Syllabus for holding competitive examination for the post of Teachers Gr.II/Gr.III (Sanskrit) and for other general posts, as well. ;