A.K. Parihar, J. - (1.) Since on same set of facts similar relief has been sought, all the writ petitions have been heard together and are being decided by this common order. The petitioners being handicapped persons are seeking selection/appointment to the post of Primary and Upper Primary School Teacher in pursuance to selections made vide Primary and Upper Primary School Competitive Examination, 2006. Though the petitioners are not having basic qualifications, however, seeking protection of amended provisions of Rule 7 -A of the Rajasthan Employment of the persons with Disabilities Rules, 2000 the relief has been sought on the ground that if the BSTC course is treated as a training, the minimum qualification required for the post in question should have been waived at the initial recruitment/appointment. It has also been submitted that under similar circumstances, concession has been given to widows and divorced ladies for appointment to the post of Primary School Teacher.
(2.) The recruitment is made under the provisions of the Rajasthan Panchayati Raj Rules of 1996. The minimum qualification for the post of Primary and Upper Primary School Teacher has been fixed as Senior Secondary School Certificate or Intermediate or its equivalent and Diploma or Certificate in Basic Teacher Training of a duration of not less than two years or Bachelor of Elementary Education. The amending provision as heavily relied on by the counsel for the petitioners is reproduced here as under: - -
(3.) Insertion of new rule 7A: - -After the existing rule 7 of the said rules the following new rule 7 -A shall be inserted, namely: - - 7A. Concessions: Following concessions shall be allowed to the Person with Disabilities for making him eligible for employment mentioned in rule 4: - - (i) 5 percent of qualifying or pass marks in individual paper and in aggregate marks, wherever prescribed in any examination. (ii) The academic qualifications given in the certificate issued by the recognized Institute meant for the person with hearing impairment shall be considered at par with those other Institutions recognized by the Government. (iii) The condition or desirability of training/tests/experience wherever prescribed shall not apply to the disabled person for temporary appointment. Where a particular training is essential for appointment to a post, the disabled person may be required to receive such training within two years of his appointment. 3. It may be pertinent to mention here that so far as the provisions of the Disability Rules of 2000 are concerned, they are applicable in almost all services under their respective Service Rules. Clause III of Rule 7A refers to training/test/experience wherever prescribed under relevant Rules for a particular post, however, does not refer to the basic qualification required for selection/appointment to the particular post. The minimum qualification already referred above, clearly requires a Diploma or Certificate in Basic Teachers Training of a duration of not less than two years. None of the petitioners are having either Diploma or Certificate in Basic Teachers Training. The reference to training/test/experience as referred in Rule 7A of the Rules of 2000 are altogether in a different context. By no stretch of imagination it can be said that it gives relaxation in basic qualification required for selection/appointment to a particular post under the relevant Rules. That apart, the entire controversy as raised in the present batch of writ petitions have already been decided by this Court in case of Bhanwarlal Jat and Ors. v/s. State of Rajasthan and Ors., SB Civil Writ petition No. 210/2007 and connected writ petitions, decided on 04/12/2007, a copy of which has also been submitted for perusal of the Court.;