- (1.) As the stenographers are on strike, the judgment in these bunch of 31 writ petitions is being dictated on dictaphone.
(2.) This is a bunch of 31 writ petitions filed by unsuccessful candidates who applied for being selected as Lecturers in the various departments of the Govt. Colleges of Rajasthan. The petitioners can safely be categorised in two categories. Category A denotes to those petitioners who are not only Post graduates but have got further qualifications of Ph. D. or M. Phil/M Litt. These petitioners who have obtained the decree of M Phil/M.Litt. or who have done Ph D., all fall in one category which may be for the sake of convenience treated as category 'A'. The other petitioners who have not qualified themselves by having the degree of doctorate that is Ph.D. or M.Phil/M.Litt. falls in category 'B'.
(3.) The advertisement which was issued by the Rajasthan Public Service Commission for inviting applications for the post of lecturers in the various departments contain the following qualifications. Qualification for the post mentioned above Sl. No. 1 to 16 are: (a) Good academic record with atleast a high second class (with minimum of 54% marks) Masters degree in the subject concerned of an Indian University or an equivalent degree of a foreign University, and (b) A Ph.D., M. Phil/M. Litt. degree or a recognised degree beyond the Master's level or published work indicating the capacity of the candidates for independent research work. Qualification 'C' all the post mentioned above (Sl. No. 1 to 20) was as under: Candidates must have knowledge of Hindi written in Devnagri Script and one of the Rajasthani dialects. Then there was a proviso and this proviso would assume great importance in the various points raised and the controversy debated before me and is adjudicated. The proviso runs as under: Provided that (for the post mentioned above at Sl. No. 1 to 17 (a) a candidate possessing the qualifications at (b) is not available or is not considered suitable for appointment, the Commission may recommend the person who fulfils the requirement as given in (a) above on the condition that he will have to obtain the Ph. D. M. Phil/M. Litt. degree or recognised degree beyond Masters level within five years of his appointment, failing which he will not be able to earn future increment till he obtains the degree or gives evidence of published work of high standard indicating the capacity of the candidate for independent research work. It is not in dispute that all those candidates whom I have put in category 'A' in the list annexed which would be 'schedule 'V, have got qualification which has been prescribed in Clause (b). The Public Service Commission after obtaining applications, held an examination which has been described as screening test for the purposes of weeding out good number of candidates in order to have a sizable number of candidates which can be interviewed. In this process many of the candidates who have qualifications both of Clause (a) and (b) were weeded out as they were not able to obtain sufficient marks which could entitle them to become eligible for the zone of consideration of or appearing in the interview. The result of the above was that many candidates who had qualifications both (a) & (b) were rejected immediately after the screening and were not permitted to appear in the interview Contrary to it many candidates who are not having qualifications of Clause b) & were only qualified having the Post Graduate degree as required by qualifications contained in Clause (a) were declared successful for being eligible in the zone of consideration and they were interviewed by the Rajasthan Public Service Commission, Board of interview and selected.;