PUSHPENDRA SINGH BHATI, J. - (1.) Petitioners have preferred writ petitions under Article 226 of the Constitution of India praying for the following reliefs: "It is, therefore, prayed that this writ petition may kindly be allowed and by and apporpriate writ, order or direction : (I) That the impugned order communicated to the petitioner declaring disqualified the petitioner for the appointment of College Lecturer may kindly be quashed. The disqualification of good academic record relates to the low percentage in the Secondary / Sr. Secondary Examination for the persons who has qualified National Eligibility Test and having above 55% in their master degree may be declared nonest qua petitioner. (ii) any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners; (iii) Costs throughout may kindly be awarded in favour of the petitioners."
(2.) Learned counsel for the parties states that the controversy is squarely covered by judgment of Lalit Kumar Vs. The University Grants Commisison, New Delhi & Anr. (S.B. Civil Writ Petition No.7545/2017) (decided on 28.11.2017). In the said case, the interim order was in currency.
(3.) The order dated 28.11.2017 passed by this Court in Lalit Kumar Vs. The University (Supra) the judgment reads as under :- "1. Petitioners have preferred writ petitions under Article 226 of the Constitution of India praying for the following reliefs:- "(i) by an appropriate writ, order or direction, the advertisement dated 12.01.2015 (Annexure-1) and its corrigendum advertisements be declared illegal so far as they prescribe wrong eligibility criteria for reserved category candidates for the purpose of according appointments on the post of college lecturer. (ii) By an appropriate writ, order or direction, the respondents may kindly be directed to provide relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to the candidates belonging to SC/ST/OBC and PH category as being mandated by the UGC Regulations of 201- and 2016. (iii) by an appropriate writ, order or direction, the respondents may kindly be directed to extend the benefit of relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to all the petitioners they being belonging to reserved categories; (iv) by an appropriate writ, order or direction, the petitioners may kindly be declared eligible to be accorded appointment on the post of college lecturer in pursuance to the advertisement dated 12.01.2015 and its corrigendum advertisements; (v) any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners; (vi) Costs throughout may kindly be awarded in favour of the petitioners. 2. The RPSC issued an advertisement dated 12.01.2015 under the Rules of 1986 for making appointments on the post of lecturers in various subjects in Colleges all across the State of Rajasthan. The appointment of college lecturers being made by the said advertisement are governed Rajasthan Educational Collegiate Branch Rules 1986 (hereinafter referred to as 'the Rules of 1986'). 3. Learned counsel for the petitioner has specifically made out a case that as per the Rules of 1986 read with the UGC Regulations of 2010, the petitioners were entitled for 5% relaxation in the good academic record which was stipulated as 55 %. Learned counsel for the petitioner has drawn attention of this Court on the amendment made in the Rules of 1986 in exercise of power conferred under article 309 of the Constitution of India vide notification dated 17.06.1993. The notification amending the Rule of 1986 reads as follows:- "1. At the end of clause (1) of Rule 11, of the said rules, the following shall be added, namely:- "have qualified the eligibility test specifically conducted by the University Grants Commission/Council for scientific and Industrial Research or a similar test accredited by the University Grants Commission and conducted by any other agency authorised/ accepted by the State Government; and" 2. Amendment of Schedule - The existing entry in Col. No. 4 against serial No.5 in the Schedule appended to the said rules shall be substituted by the following namely:- "Qualifications as laid down from time to time by the University Grants Commission. Or Where no qualification have been prescribed by the University Grants Commission for the posts in certain subjects, the qualification as prescribed by the State Government through a notification in consultation with the University Grants Commission and/or the University where that particular subject is being taught." ;