- (1.) THE petitioner passed his Higher Secondary Examination from the Board of Secondary Education, Rajasthan, Ajmer, with Hindi, English, General Science and Social Studies as compulsory subjects, and Sanskrit, Advanced Hindi and Home Science as Optional Subjects. THEreafter he passed M.A. in Hindi from the University of Ajmer and B.Ed. Examination from Mohan Lal Sukhadia University, Udaipur. THE District Education Officer (Boys), Udaipur, invited application for appointment of HI Grade Teachers in Udaipur District. THE necessary qualification prescribed for appointment on the post of HI Grade Teachers, mentioned in the Advertisement, is Higher Secondary with B.S.T.C. or its equivalent. THE petitioner was fulfilling the necessary qualification and he, therefore, applied for appointment on the post of III Grade Teacher. THE petitioner was called for interview and was selected by the Selection Committee and an appointment order dated 11.11.1991, was issued giving appointments to seventy-five persons. THE name of the petitioner was placed in the Merit List at Serial Number 62 and he was posted at Government Higher Secondary School, Singuara (Gonda ). In the order Annexure 6 dated 11.11.1991, by which appointments were given to seventy-five persons, a direction was given by the District Education Officer, Udaipur, to the various educational institutions that they should not allow to join any lady teacher who is pregnant and also, should not permit a person to join the duties who has not cleared the Higher Secondary Examination alongwith Elementary Maths, as a compulsory subject. THE petitioner, in her Higher Secondary Examination, has not taken the Elementary Maths as one of the compulsory subjects as she had opted the Optional subjects other than History, Geography, Civics and Economics. Chapter XVIII of the Hand Book of Rajasthan Board of Secondary Education, 1957, provides that any person having the subjects other than History, Geography, Civics and Economics, are not required to take the compulsory subject of Elementary Maths. Though the petitioner's name finds place in the Merit List and he was given appointment and posted at Government Higher Secondary School, Singhara (Gogunda) but he was not given appointment on the ground that he has not passed the Higher Secondary Examination with Elementary Maths as one of the compulsory subjects.
(2.) IT is contended by the learned counsel for the petitioner that rule 11 of the Rajasthan Educational Subordinate Service Rules, 1977, deals with the academic and technical qualification and experience. Rule 11 provides that a candidate for direct recruitment of the post of HI Grade Teacher should possess the qualification of Matriculation with the Certificate of Training and should have working knowledge of Hindi, written in Deonagri Script, and the knowledge of Rajasthan Culture. Rule 11 nowhere provides that a candidate should pass the Matriculation Examination with Elementary Maths as a compulsory paper. The only requirement of the law is that a candidate should be Matriculate of Higher Secondary with the Certificate of Training. The petitioner has passed the Higher Secondary Examination and thereafter he passed even M.A. in Hindi and B.Ed. Examinations and, therefore, he was fulfilling all the necessary and requisite qualification and as such was eligible to be appointed as III Grade Teacher and the appointment to the petitioner on the post of HI Grade Teacher has wrongly been refused by the respondents though less meritorious persons were appointed. The contention of the learned counsel for the respondents, on the other hand, is that the petitioner was not having the necessary qualification of appointment on the post of III Grade Teacher as he has not passed the Higher Secondary Examination with Elementary Maths as one of the compulsory subjects. I have considered the submissions made by the learned counsel for the parties. Rule 11 provides that a candidate for direct recruitment to the post of Teacher Grade III, should be Matriculate with the Certificate of Training and has the working knowledge of Hindi, written in Deonagri script, and the knowledge of Rajasthani Culture. Rules 11 nowhere provides that the candidate should have the Elementary Maths as one of the compulsory subjects in the Higher Secondary Examination. When the Rules of the Board of Secondary Education for Rajasthan permit a person to have an additional subject in place of Elementary Maths then the Certificate of Higher Secondary, obtained by the petitioner, cannot be ignored simply on the ground that she did not pass the Higher Secondary Examination with Elementary Maths as compulsory subject. The law nowhere lays down the qualification for appointment on the post of III Grade Teacher that a candidate must have passed the Higher Secondary Examination with Elementary Maths has a compulsory subject. Even the Advertisement Annexure 4, by which applications were invited for appointment, also does not contain any such condition. In the Advertisement Annexure 4, the qualification which as been prescribed for appointment on the post of III Grade Teacher, is Higher Secondary with B.S.T.C. If any corrigendum has been issued thereafter or by an administrative order some fresh condition has been imposed regarding amendment in the qualification laying down a condition that the candidate should have Elementary Maths as compulsory subject in the Higher Secondary Examination then such an executive instruction is contrary to the provisions of the Rules and cannot be held to be valid. No amendment in the relevant Rules can be made by an executive instruction laying down Elementary Maths or English as the necessary subjects in the Higher Secondary Examination for appointment on the post of III Grade Teacher. No amendment to this effect has been made in the relevant Rules. The instructions issued after the publication of the Advertisement and without making any amendment in the Rules, thus, cannot be enforced and the petitioner cannot be deprived of her legal dues. The petitioner has, therefore, been wrongly deprived of her legal dues and the respondents were not justified in refusing appointment to the petitioner on the ground that she was not having the Elementary Maths as compulsory subject in the Higher Secondary Examination. In the result, the writ petition, filed by the petitioner, is allowed and the respondents are directed to give appointment to the petitioner on the post of III Grade Teacher within a period of fifteen days from today and maintain her seniority over and above such persons who were junior to her in the merit but were given appointment earlier.;