SHARMA, J. - (1.) WITH the consent of learned counsel for parties the matter has been taken up for final disposal.
(2.) THE prayer of the petitioners in the instant writ petition is as under:- (i) to declare illegal the advertisement (Annexure-8) issued by Deputy Director (Secondary) Education (for short `second Respondent') for the post of Senior Teacher in Mathematics placing the condition of having passed the Graduation examination with one science subject being contrary to the provisions of Rajasthan Educational Subordinate Service Rules, 1971 (for short `1971 Rules'); (ii) to direct respondents to issue corrigendum in the advertisement (Annexure-8) striking out such an arbitrary condition of passing one science subject in Graduation for the post of Senior Teacher in Mathematics; (iii) to direct the respondents to accept and consider the application and candidature of the petitioners for the post of Senior Teacher in Mathematics treating them to be possessing the requisite qualification of B. A. in mathematics subject and B. Ed decree and they be appointed on the basis of merit determined accordingly. Contextual facts depict that the petitioners qualified matriculation examination from Board of School Education Haryana with subjects Hindi, English, Mathematics, Social Science, Physics, Chemistry & Life Science etc. Thereafter they qualified Senior Secondary Certificate Examination from the above Board. Thereafter they passed Bachelor of Arts Examination from Maharshi Dayanand University Rohtak. They have also passed Bachelor of Education Degree from Maharshi Dayanand University Rohtak. In 1971 Rules requisite qualification prescribed for the post of Senior Teacher is Graduate or equivalent Examination with atleast two subjects taught in Schools with Degree or Diploma in Education or Montessory Training. Pursuant to the said qualification the advertisement came to be issued by second respondent on August 9, 1998 prescribing the qualifications for the post of Senior Teacher (Grade-II) in Mathematics. The second respondent thereafter issued the advertisement, published in Rajasthan Patrika on August 27, 1998, whereby various posts of Senior Teachers, including Senior Teachers in Mathematics, were advertised. The eligibility was however changed and it was required that the candidate should possess the qualification of Graduation in Mathematics with other subject of Science. The petitioners are aggrieved with this act of the respondents in changing the eligibility criteria. It is the case of the petitioners that the respondents in issuing the said advertisement have acted in violation of 1971 Rules. The respondents in their written statement pleaded that there was nothing wrong in the advertisement in view of the order of this Court in SB Civil Writ Petition No. 3015/1995, dated April 17, 1998, wherein following directions were issued:- " The petitioner has challenged in this petition his non- selection by the respondents to the post of Teacher Gr. II (Maths ). He was denied the appointment on the ground that he was not having the requisite qualification. Reply affidavit shows that the petitioner was not having requisite qualification. Therefore, he was not selected and given appointment. Under the Rules, one must possess a degree in Mathematics subject along with one Science subject either Physics or Chemistry besides B. Ed. degree from any recognised University. Annexure-3 produced by the petitioner shows that he is only having three years degree course with the option subject of maths. He is Arts Graduate and not Science. Under the notification dated 1. 5. 95 he was not entitled as he was not having requisite qualification. In that view of the matter, it cannot be said that the petitioner was wrongly denied selection in mathematics. In view of the above the petition fails and is dismissed. " I have heard the submissions and scanned the material on record.
(3.) AS earlier noticed 1971 Rules provides the requisite qualification for the post of Senior Teacher as Graduation or equivalent examination from the recognised University. Pursuant to said Rule the advertisement came to be passed by second respondent on August 9, 1998. A look at the entire scheme of 1971 Rules demonstrates that in the said rule it is nowhere provided that one must possess a degree in Mathematics subject along with one Science subject either Physics or Chemistry besides B. Ed. degree from any recognised University, as observed in the order dated April 17, 1998. Even otherwise there was no mention in the advertisement that for the subject of Maths a candidate must possess the qualification of graduation in mathematics with other subject of Science. Since the scheme of 1971 Rules was not brought to the notice of this Court at the time of passing the order dated April 17, 1998, it was held that under the Rules one must possess a degree in Mathematics subject along with one science subject either Physics or Chemistry. This observation is evidently against the scheme of 1971 Rules. In Smt. Krishna Kumari and Another vs. State of Rajasthan and Another (1), this court in a similar case observed as under:- " 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 petitioner had done their Graduation with 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 the respondents cannot be justified and sustained in the eyes of law. The petitioners having requisite qualification for consideration for the 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. " Since the judgment in Smt. Krishna Kumari vs. State of Rajasthan (supra), was rendered after appreciating 1971 Rules, I agree with the ratio indicated in it and hold that the advertisement (Annexure-8) issued by second respondent for the post of Senior Teacher Mathematics with the eligibility of Graduation in Mathematics with other subject of science is arbitrary and against the scheme of 1971 Rules. ;