KRISHNA KUMARI AND ANOTHER Vs. STATE OF RAJASTHAN AND ANOTHER
LAWS(RAJ)-2004-2-66
HIGH COURT OF RAJASTHAN
Decided on February 06,2004

Krishna Kumari And Another Appellant
VERSUS
State of Rajasthan and Another Respondents

JUDGEMENT

Ashok Parihar, J. - (1.) Petitioners applied for the post of Teacher Grade II in the subject of Maths, in pursuance to the advertisement issued by the respondents on 17.9.1996 for the year 1996-97. The application of the petitioners was not considered only on the ground that petitioners had not done their B.Sc. with s Maths.
(2.) A bare perusal of the advertisement would show that minimum qualification for the post of Teacher Grade II has been that a candidate must be Graduate with one of the subjects for which the application has been submitted. There is no dispute that the petitioners had done their Graduationwith Maths as one of the papers in the curriculum of Graduation. Learned counsel for the respondents could not show any rule that Maths can be taught only in the Science faculty. Since there was no mention in the advertisement that for the subject of Maths, a person must be having Graduation in Science with the subject of Maths, as such, the stand taken by is the respondents cannot be justified and sustained in the eyes of law. The petitioners having post of Teacher Grade II in the subject of Maths for which the application had been submitted are entitled for due consideration for the above post.
(3.) Accordingly, the writ petition is allowed. The respondents may now consider the application of the petitioners for the post referred above and determine their merit accordingly as per the criteria fixed for the relevant years and if any person lower in merit has been appointment, the petitioners may also be appointed accordingly from the date the persons lower in merit have been so appointed. However, the petitioners if so appointed shall be entitled for monetary benefits only from the date of their joining. Necessary exercise be made and orders if required be passed within thirty days from the date of receipt of certified copy of this order. Writ Petition Allowed.;


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