- (1.) RESPONDENT Zila Parishad initiated process of selection for the purpose of appointment to the post of Teacher Grade-III (Level-II). The eligibility to be considered for appointment as Teacher is that the incumbent is required to have a degree of Graduation with two years Diploma in Elementary Education or a degree of Graduation with Bachelors Degree in Education or a certificate of Senior Secondary School Examination with four years Graduation degree in education with a certificate qualifying Teachers Eligibility Test.
(2.) THE petitioners to face the process of selection conducted by respondent Zila Parishad, submitted applications in the prescribed proforma. Necessary details with regard to marks obtained by them in Rajasthan Teachers Eligibility Test-2011 too were prescribed. Suffice to mention here that in the Teachers Eligibility Test-2011 some errors occurred while awarding marks to the aspirants, therefore, when the petitioners submitted applications to be considered for appointment as Teacher Grade-III (Level- II), the case of the petitioners for revision of mark- sheets pertaining to the test aforesaid was under consideration with the examining body i.e. the Board of Secondary Education, Rajasthan. A revised mark-sheet was issued by the Board of Secondary Education, Rajasthan Ajmer in the month of August, 2012 with substantial enhancement in the marks awarded to the petitioners. Immediately after receiving revised mark-sheets, the petitioners submitted the same to respondent Zila Parishad with a request to determine their merit by taking into consideration the revised marks obtained by them. The Zila Parishad in the month of September, 2012 declared a select list ignoring the revised marks obtained by the petitioners. Being aggrieved by the same, these petitions for writ are preferred. It is submitted on behalf of the petitioners that the Board of Secondary Education while holding the Teachers Eligibility Test acted as an agent of the State of Rajasthan and the Zila Parishads too are the bodies connected with the State affairs, therefore, if any wrong occurred in awarding marks in Teachers Eligibility Test by the Board of Secondary Education, Rajasthan Ajmer, then its rectification is required to be taken into consideration by respondent Zila Parishad while making appointments on the post of Teacher. It is pointed out that the selection process, though was conducted by the Zila Parishads but was as per the instructions given by the State Government. The Government was providing all necessary instructions to the Panchayat Raj Institution about the entire process, mode, manner and all other modalities relating to the process of selection. It is asserted by counsel for the petitioners that the very purpose of making selection for appointment is to have best available hands to serve as Teacher, therefore, merit is the only criteria for making such appointments and in the instant matter the respondents have given appointments ignoring merit of the petitioners.
(3.) PER contra, the stand of counsel for the respondents is that after submission of application forms for appointment no change could have been made in the particulars already furnished. The revised mark-sheets were received at a later stage and, therefore, those were rightly not taken into consideration while assessing candidature of the petitioners for appointment as Teacher Grade-III (Level-II). It is also submitted that the respondent cannot be made liable for any wrong made by the Board of Secondary Education, Rajasthan.;