- (1.) IN the instant writ petition and in writ petitions shown in the schedule to this judgment, the common question of law is involved and the same impugned order dated 19. 8. 98, issued by the respondents, is under challenge and, thus, all the petitions are disposed of by the common judgment.
(2.) ALL these cases involve the issue of eligibility for appointment of primary school teachers in the Zila Parishads and in Education Department. The mode of appointment in Zila Parishads is governed by the provisions of rule 266 of the Rajasthan Panchayati Raj Rules, 1996 ( hereinafter referred to as ` the Rules of 1996' ). The said Rule, as stood amended up to December,1998, reads as under:- Post Mode of recruitment Eligibility Primary school teacher. 100% by direct recruitment. (I) Senior Secondary under new (10+2) scheme, or Hr. Sec. under old scheme, from Rajasthan Board, or Secondary Education or equivalent and Secondary school certificate from Rajasthan Board of Secondary Education or equivalent with 5 subjects, 3 of them shall be Mathematics, English and Hindi. (II) B. S. T. C. Course. In Education Department, the appointments are made under the provisio- ns of the Rajasthan Educational Subordinate Services Rules,1971 (hereinafter referred to as ` the Rules of 1971' ). The provision of Rule 6 of the said Rules, 1971 provides for procedure of direct recruitment in accordance with the Rules and the terms and condition incorporated in the Schedule. The relevant part of the Schedule reads as under:- Post Mode of recruitment Eligibility "9 (a) Teacher; 25% by direct recruitment and 75% by transfer from Panchayat Samities Schools of the district concerned. Senior Secondary Certificate of Board of Secondary Education recognised by Govt. of Rajasthan and Secondary or equivalent exam. recognised by Govt. of Rajasthan with five subjects, three of them should be Mathematics, English and Hindi with Certificate of Teachers Training recognised by the Govt. of Rajasthan. Rule 6 (d) provides that in case of teachers Grade III, vacancies to the extent of 75% in a year shall be filled -in by transfer of teachers working in Panchayat Samities strictly on the basis of seniority and teachers must have served minimum for five years in the Panchayat Samitis satisfactorily and they must possess the requisite qualification prescribed for the post under the Rules of 1971. In Badri Lal and others Versus State or Rajasthan and others, S. B. Civil writ petition No. 4390/1998, the issue involved is regarding the eligibility for appointment on the post of Physical Training Instructor Grade III, where in the qualification prescribed is similar as it provides that the post is to be filed-up 100% by direct recruitment and the qualification prescribed for it is Senior Secondary Certificate from Board of Secondary Education recognised by the Government of Rajasthan, and Secondary or equivalent examination recognised by the Government of Rajasthan with five subjects, three of them should be Maths. , English and Hindi with certificate in Physical Education. In Tan Singh Versus State of Rajasthan and others, S. B. Civil Writ Petition No. 36/1999, a similar issue, as in Badri Lal and others (Supra), is involved. However, the petitioner herein had been appointed as Physical Training Instructor Grade III. But the appointment has subsequently been cancelled on the ground that prior to issuing the appointment letter in his favour, the Directorate of Education, vide order dated 1. 12. 98, had made it clear that a candidate possessing the certificate of Senior Secondary in Vocation would not be eligible for appointment.
(3.) IN all type of cases, for appointment of Teachers Grade III, the qualification of Senior Secondary under 10+2 Scheme alongwith other qualification etc. has been prescribed. However, the controversy in these cases lies in a very narrow compass; whether the candidates holding the certificate of Senior Secondary (Vocational), are eligible to be considered for the said post, or the eligibility requirement is of having the certificate of Senior Secondary (Academic), as prescribed by the impugned order dated 19. 8. 98? And whether the impugned order dated 19. 8. 98, which provides that the candidates holding the certificate in Senior Secondary (Vocational) would not be eligible for appointment on the said post, as held by this court, is amenable to judicial scrutiny in writ jurisdiction. The advertisement for the posts, issued on 15. 6. 98, simply prescribed for the qualification of Senior Secondary without making any reference to ` Academic' or `vocational'. The question of equivalence of qualification of the Academic qua the Vocational, has been considered by this court from time to time. In Usha Kumari Versus Zila Parishad, Sri Ganganagar, S. B. Civil Writ Petition No. 3638/1993, decided on 6. 10. 93, this court has held that the qualification of Vocational course is not equivalent to the qualification of Academic. The said judgment stood approved by a Division Bench of this Court in Gurmail Kaur Versus Zila Parishad, Sri Ganganagar and others, S. B. Civil Special Appeal No. 699/1993, decided on 14. 11. 94. same view has been reiterated in Prem Kala and Ors. vs. State of Rajasthan & Ors. S. B. Civil Writ Petition No. 1248/1997, decided on 23. 5. 97. The judgment in Prem Kala, was, also, affirmed by a Division Bench of this court in S. B. Civil Special Appeal No. 630/1997 (Prem Kala and others Versus State of Rajasthan and others), decided o n June 17, 1997 ;