Veerender Singh Siradhana, J. - (1.) THE instant cluster writ applications, projects a challenge to the common order dated 8th November, 2013, passed by the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur (for short, 'the Tribunal'), disposing off the cluster appeals.
(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised are that the respondent -Teachers Grade -III (Sanskrit), aggrieved of non -consideration of their candidature for promotion to the post of Teacher Grade -II (Sanskrit), instituted appeals before the Tribunal, raising grievance that while according promotion to the junior persons, they have been illegally denied promotion on the pretext that they do not possess the required essential educational qualifications as contemplated under the Rajasthan Sanskrit Education Subordinate Service Rules, 1978 (hereinafter referred to as the 'Rules of 1978', for short). The Tribunal, holding the respondent -teachers in possession of the essential educational qualification, directed the State -petitioners to consider therein cases and extend the benefits from the date the juniors have been promoted. Learned counsel for the State -petitioners, Mr. B.K. Sharma, Addl. G.C., reiterating the pleaded facts and grounds of the writ applications, asserted that the findings arrived at by the Tribunal, while declaring the respondent -teacher(s), as eligible for promotion to the post of Teacher Gr.II (Sanskrit), under the Rules of 1978 as well as the direction to accord consequential benefits; is illegal, arbitrary, against the materials available on record and contrary to the Rules of 1978. According to the learned counsel, the declaration made by the Tribunal holding the respondent -teachers as eligible under the Rules of 1978; is also contrary to the findings arrived at and clarification made by the Coordinate Bench of this Court in the earlier round of litigation, as would be evident from the order dated 23rd May, 2013, in the batch of writ applications, lead case being SBCWP No. 3787/2013 (State of Raj. & Ors. v. Rajendra Kumar Verma & Anr.).
(3.) ACCORDING to the learned counsel, while remanding the matter to the Tribunal for reconsideration vide order dated 23rd May, 2013, the Coordinate Bench of this Court specifically held that the essential educational qualifications with reference to direct recruitment had no application to the facts of the case at hand. Further, for the purpose of promotion, the qualifications as detailed out under column No. 6 of the Schedule appended to the Rules of 1978, are relevant. The Coordinate Bench also observed that the Tribunal erroneously equated educational qualifications to be similar for direct recruitment and for promotion.;