- (1.) Instant batch of appeals has been filed against common order passed by the Ld. Single Judge impugned dt.26-4-2017 disposing of writ petitions taking note of Clause-7 of the advertisement dt.24-2-2012 pursuant to which recruitments were made to the post of Teacher Gr.III Level-I and II Primary and Upper Primary.
(2.) The post of Teacher Gr.III is included in the Schedule appended to Rajasthan Panchayati Raj. Rules, 1996 and the conditions of eligibility are prescribed u/R.266(3) of the Rules,1996. It may be noticed that under the pre-amended Scheme of Rules,1996, u/R.266, a proviso was added vide notification dt.1-7-2004 making intention of the rule making authority clear, in enlarging the scope of the prospective candidates to participate in the selection process who had appeared in the professional courses B.Ed./BSTC/DSE/ B.Ed. (General/Special Education) to be considered eligible for appointment to the post of Teacher Gr.III Level-I and II Primary and Upper Primary provided they submit proof of having acquired the qualifying examination before the date of declaration of result of the written examination to be conducted by the recruiting authority for the post of Teacher Gr.III Primary and Upper Primary included in the Schedule appended to the Rules,1996 and we consider it appropriate to quote the proviso added vide notification dt.1-7-2004 to R.266 ad infra:- "R.266(3):- .. ..... [Provided further that the person who has appeared in the B.Ed./B.S.T.C. examination shall be eligible to apply for the post of primary and upper primary school teacher but he shall have to submit proof of having acquired the said educational qualification to the [Distt. Establishment Committee] before the declaration of result of the said examination."
(3.) It reveals from the record that the qualifying examination for the post of Teacher Gr.III Primary and Upper Primary prescribed u/R.266(3) was substituted vide amendment notification dt.11-5- 2011 but the proviso which was added pursuant to notification dt.1-7-2004 has neither deleted nor substituted vide notification dt.11-5-2011.;