I. S. ISRANI, J. - (1.) THE matter has come up for final disposal today. Several opportunities have been given to the State to file reply. It is given out by Miss Ajwani, learned Assistant Government Advocate, that, inspite of several letters and telephonic messages, none has come to give instructions to draft the reply.
(2.) IT is submitted by Mr. Lodha, learned counsel, that applications were invited vide advertisement (Anx. 3) dated 16. 8. 91 from open market candidates for the posts of General Teachers (Main) and Physical Training Instructors Grade III. IT is further submitted that the petitioner filed his application alongwith necessary documents. A list of successful candidate, was put up on the Notice Bard, which is marked as Schedule 'a'. In this lists the name of the petitioner appears at S. No. 19, having obtained 55. 2% marks. IT is further submitted that, even though, the petitioner was expecting to gets appointment, being quite high in the merit list, but he received a letter dated 21. 12. 91 (Anx. 6), by which, appointment has been denied to him. IT is also submitted that it has been pointed out in the above-mentioned letter that since the petitioner did not have Mathematics as Compulsory subject in Secondary Examination, appointment cannot be given to him. IT is contended that appointments have been given upto S. No. 37, who have obtained 46. 32% marks, which is quite below the marks of the petitioner. IT is further contended that appointments are governed by the Rajasthan Educational Subordinate Service Rules, 1971 (for short, 'the Rules, 1971') and no such condition is prescribed therein. It is submitted by Miss Ajwani, learned Assistant Government Advocate, that in the advertisement (Anx. 5), one of the conditions at S. No. 3 is that the candidate should have English and Maths, as his Compulsory subjects in the Secondary Examination. It is also submitted that since the petitioner did not possess Maths, as his Compulsory subject in the Secondary Examination, he has rightly been denied the appointment. I have heard both the parties and gone through the documents on record. A bare perusal of Section B of the Schedule of the Rules, 1971 will show that the qualification for appointment of Physical Training Instructor Grade III is Secondary or Higher Secondary with certificate for physical education. In this qualification there is no special requirement that a candidate should have passed English and Maths, as Compulsory subjects in the Secondary Examination. Admittedly petitioner has passed Higher Secondary Examination and also obtained a Degree of B. A. in Physical Education Course. Thus, he does possess the qualification, as prescribed in the Schedule, under the Rules, 1971. Since the requirement of having taken Maths. /english as Compulsory subject in the Secondary Examination does not find place in the prescribed qualification of the Schedule, the appointment could not have been denied to the petitioner, on this ground. The petitioner is more meritorious than several candidates, who have been given appointment. In the result, the writ petition is allowed and the respondents are directed to give appointment to the petitioner on the post of Physical Training Instructor Grade III within 15 days from the date of producing a certified copy of this order before the concerned Authority, alongwith an application to this effect. So far as seniority is concerned, he shall be treated to have been appointed from the date, juniors to him have been appointed on the post of Physical Training Instructor Gr. III. There will be no order as to costs. .;