H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the non -petitioners to consider his case for promotion to the post of Senior Teacher/Teacher Gr. II under the Rajasthan Educational Subordinate Service Rules, 1971 (for short 'the R.of 1971' hereinafter).
(2.) I have heard learned Counsel for the parties. It is contended by learned Counsel for the petitioner that the petitioner has been denied consideration for promotion to the post of Senior Teacher/Teacher Gr. II on the ground that the petitioner does not possess the qualification of Higher Secondary with Science as optional Subject. He submits that the petitioner has passed the higher secondary with Agriculture Science as optional subject and the expression science has a wide meaning which includes the agriculture science as has been held by a Division Bench of this Court in Shyam Lal Sharma v. State of Rajasthan and Ors., RLW 1995 (1) (Raj.) 222. Learned Counsel further submits that the petitioner has passed the secondary examination in the year 1979 vide Annex. 1 from Rajasthan Board of Secondary Education, Ajmer with Mathematics, Physics and Chemistry as optional subjects. He has placed on record the mark -sheet of the Secondary School Examination, 1979 issued by the Board of Secondary Education, Rajasthan wherein the optional subjects of the petitioner have been shown as Physics, Chemistry and Maths and in all the three Subjects, the petitioner was declared passed and therefore, according to learned Counsel for the petitioner, it cannot be said that the petitioner did not possess the requisite qualification of science subject. Learned Counsel further submits that by communication dt. 30.03.2002 received by the petitioner on 16.04.2002, the non -petitioner Principal, Government Devendra Girls Secondary School, Dungarpur, communicated to him that the District Education Officer, Dungarpur, by his communication dt. 05.03.2002 has cancelled his fixation in the pay scale of Rs. 5000 -8000. That order came to be challenged by the petitioner before this Court by way of a writ petition being S.B. Civil Writ Petition No. 1462/02 which came to be decided by order Annex. 11 dt. 11.02.2003 and pay fixation of the petitioner was restored by the order of this Court which was withdrawn by the non -petitioner by order dt. 30.03.2002. Learned Counsel submits that earlier the pay fixation was withdrawn by the non -petitioners on the ground that the petitioner did not possess the requisite qualification of higher secondary with science subject, but this Court vide order dt. 11.02.2003 negatived the contention raised by the non -petitioner and restored the pay fixation and thus according to learned Counsel, the petitioner is possessing the requisite qualification for promotion on the post of Senior Teacher Gr.II Learned Counsel further submits that the channel of promotion from the post of Laboratory Assistant to the post of Senior Teacher Gr.II is available under the Rules of 1971.
(3.) LEARNED Deputy Government Advocate appearing for the non -petitioners submits that as per the Rules of 1971, the post of Senior Teacher Gr.II is to be filled in by direct recruitment and the persons holding the post of Laboratory Assistant having qualification of higher secondary with science as optional subject have been found eligible for promotion to the post of Senior Teacher Gr.II and according to learned Deputy Government Advocate, the petitioner does not possess the qualification of higher secondary with science as optional subject though one of the optional subject of the petitioner is agriculture science. He has annexed relevant portion of the Rules of 1971 as Annex.R/1 showing appointment to the post of Laboratory Assistant 100% by direct recruitment and requisite qualification is higher secondary with science as optional subject.;