- (1.) This instant writ petition has been filed assailing the Notification dated 16.4.2010 and the amendment which was made in Schedule-I appended to the Rajasthan Educational Subordinate Service (Amendment) Rules, 2010 under the heading 'Section F. General Teachers "? (i-b), which reads as under:- "(i-b) Graduate or equivalent examination with Zoology, Botany and Chemistry as optional subjects for the post mentioned at serial number 4 in column number 2,..."
(2.) The bone of contention of the petitioner is that the amendment was made after issuance of advertisement dated 8.8.2008 and that could not have been taken note of to non suit the candidates like the present petitioner from participation in the selection process and this according to him changes the rule of the game which is not permissible in the eye of law.
(3.) It is brought to our notice that the Division Bench of this court examined the validity of self same Notification, of which we have made a reference, and dismissed the writ petition vide judgment dated 25.8.2011 before the Principal Seat at Jodhpur in D.B. Civil Writ Petition No. 3836/2011 along with 10 other writ petitions. The matter further travelled to the Apex Court and by order dated 23.5.2013 in Civil Appeal No. 4706/2013, while keeping the issue open for consideration in an appropriate proceeding, it observed as under: "In the facts and circumstances arising in these cases, as the rules stood amended during the continuation of the process of selection, those persons who had appeared in the examination and had been found eligible on the date of issuance of advertising the vacancies, and stood qualified, deserve to be appointed. However, in the facts and circumstances of the cases, this relief is restricted only to those who had approached this Court and to those who had approached the High Court before the date of decision in D.B. Civil Writ Petition No. 3836/2011. We further clarify that if any person had taken the examination or failed to qualify the written examination, his case shall be considered. With these directions, all the appeals stand disposed of. However, all legal issues involved in these appeals are left open.";