- (1.) MR. Tarun Joshi, appears for the respondent-RPSC.
(2.) HEARD on the question of admission. The petitioner has questioned constitutional validity of the qualification prescribed under the Rajasthan Sanskrit Education Subordinate Service Rules, 1978 (hereinafter referred to as 'the Rules of 1978") for the post of Teacher Gr.II, which is Shastri or an equivalent traditional Sanskrit Examination with Sanskrit medium, prescribed in Schedule-I at Serial No.1, of the Rules of 1978. It is averred in the petition that the petitioner has to his credit qualifications of B.A. Course with Sanskrit as subject, M.A. (Sanskrit) and B.Ed. The petitioner belongs to Other Backward Class. Rajasthan Public Service Commission ( for short, 'RPSC') has issued an advertisement dated 20.08.2008, inviting applications for the posts of Teacher Gr.II (Sanskrit). The applications were invited under the Rules of 1978. The petitioner has submitted that admission card was issued to him. The petitioner possessed qualification of graduation with Sanskrit as a subject in B.A. Course. RPSC conducted examination for the aforesaid post and result was declared on 17.02.2011. Candidature of the petitioner has not been considered for the aforesaid post on the ground that the petitioner is not having requisite qualification prescribed under the Rules of 1978, as mentioned in the Schedule. The petitioner has submitted that Shastri or an equivalent traditional Sanskrit Examination with Sanskrit medium is one of the qualification prescribed for the aforesaid post. The petitioner has submitted that Shiksha Shastri is equivalent to B.A. and he is having B.A. Course with Sanskrit as a subject, thus, he can be treated duly qualified for the post in question.
(3.) IT is averred in the petition that Shastri Course is a traditional mode of education in Sanskrit language and it has been treated equivalent to graduation and B.A. in Sanskrit is a modern mode of education in Sanskrit language. Thus, rejection of the candidature of the petitioner is illegal and arbitrary action. The qualification of B.A. in Sanskrit and Shikha Shastri is more or less equivalent, thus, prayer has been made to declare part of the qualification prescribed for the post of Teacher Gr.II "Shastri or traditional Sanskrit Examination with Sanskrit medium" to be illegal and ultra vires and to hold that the student having B.A. with subject of Sanskrit are eligible for the post of Teacher Gr.II in Sanskrit. Learned counsel Mr. A.K. Choudhory, appearing for the petitioner has submitted that Shastri is equivalent to B.A. Course in Sanskrit which is treated to be an equivalent traditional Sanskrit Examination with Sanskrit medium, as course contents of Shastri and B.A. in Sanskrit are same and the petitioner is having the qualification of B.A. with Sanskrit as one of the subject. It is submitted that imposition of condition of Shastri or an equivalent traditional Sanskrit Examination with Sanskrit medium is illegal and arbitrary. Thus, it is prayed that aforesaid part in Schedule of the Rules of 1978, wherein qualification is prescribed be declared ultra vires. ;