BALIA, J. - (1.) THIS application is to review the order passed by a Division Bench of this Court in D. B. Special Appeal No. 427/98 on 7. 9. 2000 with consequential relief of allowing the said Special Appeal and writ petition out of which the Special Appeal had arisen.
(2.) THE facts leading to these proceedings are as under:- THE Applicant had applied for the post of Teacher Grade III in Urdu language in pursuance of the Advertisement as amended and notified by the District Education Officer (Boys), Churu, which was published on 8th October 1996 (Annex. P-1 ). The qualification prescribed for eligibility to the appointed to the Teacher grade-III Urdu in the Advertisement as well as in the conditions prescribed in the form of application reads as under:- Varnacular Text Qualification prescribed in the condition No. 3 appended to application from reads as under:- Varnacular Text The petitioner had passed Secondary examination from Board of Secondary Education in 1982. he had acquired `adib Kamil' degree from Jamia Urdu Institute of Aligarh. This qualification has been recognised by Govt. of Rajasthan as equivalent to graduate. He holds in addition thereto M. Com. degree and passed B. Ed. from University of Kashmir, Srinagar, with these qualification the petitioner applied for the post in pursuance of the said advertisement. According to the petitioner, in the select list name of the petitioner did not find place, but in the list of rejected candidature published vide Annexure P-7 his name finds place at No. 6. The only reason for cancelling his candidature was that he did not have Urdu as subject in Secondary Examination.
(3.) THIS led to filing of the S. B. C. Writ Petition No. 4196/96 in which it was alleged that for a person who holds the qualifications of Adib/adib Mahir/adib Kamil or qualification equivalent thereto or higher qualification, is ipso facto eligible for the post in terms of eligibility criterion, and such candidate does not have to have Urdu as a subject in Secondary Examination. It is only those candidates who do not possess any of the specified qualifications in Urdu language but are possessing only Senior Secondary Board certificate, he is required to have passed Senior Secondary or Secondary Examination of the Board, recognised by State of Rajasthan with five subjects or equivalent examinations with three subjects v. Maths, English and Hindi as compulsory subjects and Urdu as an optional subject coupled with certificate of Teachers Training from as recognised by the State of Rajasthan. The qualifications prescribed are in alternative and no in cumulative. In reply to the writ petition also only ground stated by the respondents which weighed for rejection of petitioner's candidature is that the applicant did not have Urdu as subject in his Secondary Board Examination. No other ground for rejection was pleaded or asserted. A Learned Single Judge of this Court without going into the merit of this controversy about eligibility qualification, dismissed on wholly new ground by making out a new case for the respondent. By referring to the fact that posts were advertised for reserved category of Scheduled Caste and Scheduled Tribes, and Ex-Soldiers, it was held that the petitioner is not eligible for the post as he does not belong to any of the categories for which posts were advertised and, therefore, no relief can be granted to the petitioner in exercise of extra-ordinary jurisdiction. ;