- (1.) THE candidature of the petitioners has been rejected from consideration for appointment as Senior Teacher under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as "the Rules of 1971") on the count that they do not possess two subjects taught in secondary schools with degree of Graduation. THE principal point, therefore, require determination in these petitions for writ is whether the term "schools" used in entry No. 8 column 4 of Section F of the Schedule appended with the Rules of 1971 is confined to the schools imparting education upto secondary level or the senior higher secondary schools are inclusive to it?
(2.) THE entry No. 8 of Section F to Schedule appended with the Rules of 1971 read as under:- 1 2 3 4 5 6 7 8 9 8. (a) [Senior Teacher] Enforcement Assistant 50% by direct recruitment & 50% by promotion Graduate or equivalent Examination with atleast two subjects taught in Schools with Degree or Diploma in Education or Montessori Training. 1. Teacher 2.Labor atory Assistants 3. Teach ers in Deaf. Dumb & Blind Schools. Graduate equivalent examination with atleast two subjects taught in Schools with De gree or Diploma in Education or Montessori Training. 1. Jr./ Deputy Director of Education of the range concerned. 2. One District Education officer to be nomi nated by Director, Primary & Secondary Education. 3. One expert to be nomi nated by Director Secondary Education. Range wise According to column 4 of the entry No. 8 a person graduate or equivalent examination with atleast two subjects taught in `schools' with degree or diploma in education or montessori training is eligible to be considered for appointment as senior teacher by way of direct recruitment. The petitioner possess degree of graduation with two subjects taught in senior secondary school level, however, the respondents by confining the term `schools' used in column 4 of entry No. 8 referred above to the extent of secondary school level rejected their candidature from consideration for appointment as senior teacher. While giving challenge to the decision of the respondents, it is contended by counsel for the petitioners that the term `schools' used in entry No. 8 includes senior secondary schools beside the schools upto secondary school level. The term `schools' is not defined under the Rules of 1971, however, definition of it is prescribed under the Rajasthan Educational Service Rules, 1970 (hereinafter referred to as "the Rules of 1970") as under:- "2(g) `School' means High School, Secondary and Higher Secondary School, Deaf and Dumb and Blind School, Sadul Public School, Special Mentessory School, STC Training School, Rajasthan School of Arts; and Sangeet Sansthan." Relying upon the definition above, it is contended by counsel for the petitioners that the term `schools' is quite wide and by no stretch of imagination it can be confined to the schools only upto secondary school level. It is also urged that the legislature consciously used term `schools' in entry No. 8 with view to include all kind of schools in it. It is emphasised that if the intention of the legislature was to confine the term `schools' for secondary level school then a specific distinction schools would have been given in the rules as the same is there while prescribing teaching experience for recruitment to the other posts under the Rules of 1971 itself.
(3.) PER contra, in reply to the writ petitions, it is stated by the respondents that the petitioners are not having bachelors degree with any second subject being taught at secondary level and thus they are not entitled for appointment as senior teacher under the Rules of 1971. It is stated that the definition prescribed under the Rules of 1970 is having no relevance in present controversy as recruitment is to be made under the Rules of 1971. Heard counsel for the parties. ;