JUDGEMENT
PUSHPENDRA SINGH BHATI,J. -
(1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers:
"(i) By an appropriate writ order or direction, the respondent department may kindly be directed to include petitioner in the final list for posting of the candidates as his documents were already verified.
(ii). Any other order or direction, which this Hon'ble Court deemed just and proper be passed in favour of the petitioner.
(iii). Costs of the writ petition may kindly be awarded to the petitioner."
(2.) Learned counsel for the parties agree that controversy is covered by the judgment passed by this Court in Deena Ram Meghwal v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.5462/2017, decided on 23.11.2017), the judgment reads as under:-
" 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers:
"A. By an appropriate writ, order or direction, any order denying the selection and appointment of the petitioner for the post of Teacher Grade-III (Level-II) S.St. In pursuance of the advertisement dated 27.02.2012 (Annex.4) may kindly be quashed and set aside.
B. By an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and provide the appointment on the post of Teacher Grade-III Level-II (Class VI to VIII) against the category of SC as per the marks secured by him in revised result in pursuance of the advertisement dated 27.02.2012 for Zila Parishad, Pali with all consequential benefits.
C. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner and appoint the petitioner as Teacher Grade-III in terms of Para 7(5) of the advertisement dated 27.02.2012 strictly in accordance with the judgment passed by this Hon'ble Court on 20.05.2011 in D.B. Civil Writ Petition No.3964/2011 (Sushil Sompura) and Ors. v. State (Education) and Ors).
D. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
E. Writ petition filed by the petitioner may kindly be allowed with costs."
2. Learned counsel for the petitioner states that Rule 266 of Rajasthan Panchayati Raj Rules, 1996 (hereinafter after referred as the Rules of 1996) stipulates the academic qualification that a recruit must possess minimum qualification. The relevant portion of Rule 266 of the Rules of 1966, the sub Rule (3) reads as under:
"Rule 266. Academic Qualification- ..........................
(1)...................................
(2) .................................
(3) Primary and upper Primary School Teacher (100% by direct recruitment)
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