- (1.) WE have heard Mr. Vikas Kabara, learned counsel for the petitioner, Mr. S.K. Gupta, learned Additional Advocate General for the State and Mr. S.N. Kumawat, learned counsel for the respondent No. 3 -Rajasthan Public Service Commission, Ajmer (hereinafter referred to as the 'RPSC').
(2.) BY this writ petition, the petitioner has prayed for directions to declare the amendment dated 16.04.2010 in the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as the 'Rules of 1971') so far it prescribe the amendment in the Schedule -I, entries at serial No. 8(a)(I -b), unconstitutional and ultra vires and the provisions of National Council for Teacher Education (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2001 and 2003 (hereinafter referred to as 'Regulations of 2001' and 'Regulations of 2003') as null and void; in the alternative, the petitioner has prayed for a direction for implementation and operation of the notification dated 26.07.2012 pursuant to the Rajasthan Education Subordinate Service (Amendment) Rules, 2012 to be declared to apply retrospectively with effect from 18.07.2008. An advertisement was published by the RPSC on 31.05.2011 inviting applications for the vacant posts of Senior Teacher Grade -II, including 2373 posts of Senior Teacher Grade -II (Science). At the relevant time, the Rules provided the essential qualifications to be a Graduate Degree with Biology, Botany and Chemistry and a Degree in Teachers Training or Diploma with a practical knowledge of Hindi in 'Devnagari Lipi' and the knowledge of culture of Rajasthan.
(3.) THE petitioner is graduate with Environmental Biology, Botany and Chemistry as the subjects, in which he pursued graduate studies. It is submitted that the qualifications prior to 16.04.2010 did not prescribe Zoology, Botany and Chemistry as the subjects in the graduation. The qualifications prescribed include Graduate Degree, or an equivalent degree in any of two optional subjects in Zoology, Botany and Chemistry from a recognized University and B.Ed. or an equivalent degree. By a notification dated 26.07.2012, the qualifications for the post of Senior Teacher Grade -II (Science) were amended as follows: "2. Amendment of Schedule -I -In Schedule -I appended to the Rajasthan Educational Subordinate Service Rules, 1971, under the heading "Section F General Teachers", the existing clause (a) in column number 4 against serial number 8(a) shall be substituted by the following, namely: - "(a -i) For posts at serial number 1,2,3 and 5 in column number 2 - Graduate or equivalent examination with concerned subject as optional subject, and Degree or Diploma in Education recognized by National Council for Teacher Education. (a -ii) For posts at serial number 4 in column number 2 - Graduate or equivalent examination with at least two of the following subjects as optional subjects : Physics, Chemistry, Zoology, Botany, Micro -Biology, Bio -technology and Bio -chemistry, and Degree or Diploma in Education recognized by National Council for Teacher Education".";