N.L. Tibrewal, J. - (1.) This batch of Writ Petitions may be conveniently decided jointly by it common order as identical questions of law and facts ;sere involved in them.
(2.) The petitioners herein, had applied for the appointment as Primary School teachers Gr. III in rural schools under Panchayat Samitis pursuant to different advertisements issued by the District Establishment Committees in the year. 1996. After clearing Secondary School Examination from the Board of Secondary Education, Ajmer. The petitioners passed Senior Secondary (Vocational) Examination. They have also completed teachers training course conducted by the Education Department of the State Government, known as in Basic School Training Certificate (B.S.T.C) course or School Training Certificate (S.T.C.) course, now known as 'Shiksyak Prashikshan Parikkha' Their application forms were rejected on the ground of their being ineligible for not possessing requisite academic qualification. As per the respondents, a candidate to be eligible for the appointment as Primary School teacher was required to pass i Senior Secondary, while the petitioners had passed Senior Secondary (Vocational) which, according to them, is not equivalent to Sr. Secondary (Academic). The petitioners, therefore, are challenging the action of the respondents, seeking relief for issuance of it proper direction it) consider them to he eligible for appointment as Primary School teachers in pursuance to various 211 advertisements issued by the District Establishment Committees.
(3.) On behalf of the petitioners it hen been vehementy contended that the Rajasthan Panchayat Samitis and Zila Pal ishad Service Rule,. 1969 (for short 'the Rules of 1959') govern the recruitment in question and in terms of rule 11 read with Schedule, appended to the Rules, the minimum qualification prescribed for the appointment as Primary School teachers is Matric (Secondary) with B.S.T.C./S.TC. training or any other qualification declared equivalent by the Education Department of the State Government. Learned counsel contended that all the petitioners have passed Secondary School and also completed B.S.T.C. or S.T.C. training course conducted by the Education Department as such, they are eligible to be appointed as Primary School teachers having requisite qualification as per the Rules. That the State Government, in exercise of powers under second proviso to rule-17 of the Rules of 1959. has issued general directions to all the District Establishment Committees in connection with sections of school teachers Gr. III and last such directions were issued vide Circular/communication dated 20.7.96. As per these directions, the minimum qualification for the eligibility has been prescribed as Secondary with five subjects including Hindi, Math, English and Senior Secondary with B.S.T.C. or B.Ed. or equivalent examinations as recognised by the Education Department and the Board of Secondary Education, Ajmer, According to the learned counsel, the State Government is not competent to change the qualification prescribed as per the Rules of 1959 by 'issuing administrative instructions or directions. That the State Government can change the prescribed qualification only by making necessary amendment in the Rules. Hence, qualification of Senior Secondary prescribed as per the above directions is without authority of law and the same cannot be given effect for determining eligibility of the candidates. It is further submitted that as per above directions also, the petitioners are eligible as they have the requisite qualification of Sr. Secondary with B.S.T.C./S.TC. training. According to the learned counsel, the petitioners have passed Sr. Secondary (Vocational) examination which is recognised equivalent to Sr. Secondary (Academic) examination by the Board of Secondary Education as well as the Education Department of the State Government. In this connection, it was pointed out that students passing Sr. Secondary (Vocational) examination are eligible to take admission in B.S.T.C., or for higher education, in Degree Courses. It was then, pointed out that qualification of Sr. Secondary (Vocational) with B.S.T.C. is found eligible for appointment to the post of teacher Gr. III by the Education Department under the Rajasthan Educational Subordinate Service Rules, 1971 (for short the rules of 1971) taking the qualification as equivalent to Sr. Secondary (Academic). It was submitted that as per the Rules of 1971, appointment of Gr. III teachers in Education Department are made 250r. by direct recruitment and 75% by transfer from Panchayat Samitis' schools of the district concerned. Thus, having two different qualifications for appointment of teachers Gr. III by direct recruitment and by transfer from the schools of Panchayat Samitis would be arbitrary and violative of Articles 14 & 16 of the Constitution. Learned counsel, therefore, contended that State Departments are at variance on the question of equivalence to Sr. Secondary (Vocational) examination. The Education Department is treating such qualification equivalent to Sr. Secondary, while the Department of Panchayat Raj and Rural Development is not treating so. It was submitted that question of equivalence has to be decided primarily by the Board of Secondary Education in the present case which is an expert body and not by the Court or any department of the State having no expertise knowledge in this regard. The Board of Secondary Education has examined the matter, on a reference made by the State Government, in its meeting held on 1.8.95 and decided Sr. Secondary (Vocational) to be equivalent to Sr. Secondary (Academic) qualification of the Board. Learned counsel, therefore, contended that the Order/Circular dated 11.4.96 issued by the Director-cum-Special Secretary, Panchayat Raj and Rural Development and subsequent amendment made in directions dated 20.7.96 vide order dated 19.11.96 are illegal, void and without jurisdiction.;