PUSHPENDRA SINGH BHATI,J. - (1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "A. By an appropriate writ, order or direction, the Rejection List (Annex-10), the condition no. 6.6 mentioned in the amended advertisement dated 11.09.2017 (Annex-6) and any order denying the candidature of the petitioner for selection and appointment on the post of Teacher Grade III (Level II) English on account of RTET Qualification passed before the B.Ed. Examination may kindly be quashed and set aside in pursuance of the amended advertisement dated 11.09.2017. B. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the RTET, 2012 qualification of the petitioner passed on 05.08.2013 (Annex-2) as required in the condition no. 6.8 in the advertisement dated 06.07.2016 (Annex- 4) for the post of Teacher Grade III (Level II) English in pursuance of the amended advertisement dated 11.09.2017. C. By an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and provide the appointment on the post of Teacher Grade III (Level II) English in pursuance of the amended advertisement dated 11.09.2017 with all consequential benefits. D. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. E. Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) Learned counsel for the petitioner states that the controversy is covered by the judgment rendered by this Court in Sita Ram and Anr. v. State of Rajasthan and Ors. (S.B.Civil Writ Petition No. 14476/2017 decided on 01.02.2018) , which reads as under:- "1. Petitioner has preferred this writ petition with the following prayer:- "1.By an appropriate, writ order or direction, the respondent may kindly be directed to grant accept the offline application forms and if petitioners stand in merit given the appointment to the petitioners on the post of Teacher Grade III Level II in the respective category as per their merit against the vacancies advertisement by the respondents for the post in pursuance of the advertisement in 2016. 2. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the qualification of one year certificate course of B.Ed. In the qualification of the petitioners and consider the case of the petitioners for their selection and appointment to the post of Teacher Grade III in pursuance of advertisement in 2016. 3. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 4. Writ petition filed by the petitioners may kindly be allowed with costs." 2. Learned counsel for the petitioner states that petitioners applied for the post of Teacher Grade III-2016 (Level-II). The petitioners completed their RTET examination on 05.08.2013 and the B.Ed result of the petitioner was declared on 12.12.2013. Learned counsel for the petitioner states that sole reason for disqualifying the petitioners from the candidature is that their result of RTET examination was prior to B.Ed examination. The petitioners form were accepted off-line on the order of this Court. 3. Learned counsel for the petitioner states that the present matter is covered by the judgment of Vijeta Singh Tanwar v. The State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 9534/2017) decided on 01.09.2017 . The judgment reads as follows:- "By way of the present writ petition, petitioner has laid challenge to rejection of her candidature by the respondents for appointment on the post of Teacher GradeIII, LevelI interalia on the ground that the petitioner had obtained Basic School Teacher Certificate (BSTC) subsequent to clearing Rajasthan Teachers' Eligibility Test (RTET). Facts necessary for the adjudication of the present case are that the petitioner applied for appointment on the post of Teacher GradeIII, LevelI pursuant to the advertisement dated 06.07.2016 issued by the respondents. The petitioner was declared successful and was called for document verification. During the document verification her candidature has been rejected by the respondents interalia observing that the petitioner completed her Basic School Teacher Certificate (BSTC) Course on 12.05.2012, whereas she had cleared Rajasthan Teachers' Eligibility Test (RTET) on 28.02.2011. Learned counsel for the petitioner challenging the petitioner's rejection contended that the same is ex-facie illegal and against the condition of the advertisement itself. It will be out of place to reproduce the reason ascribed for holding the petitioner ineligible:- ...[VERNACULAR TEXT OMITTED]... Learned counsel invited attention of this Court towards Clause No. 6.8 of the advertisement, which reads as under:- ...[VERNACULAR TEXT OMITTED]... Mr. Khet Singh, learned counsel for the petitioner invited attention of this Court towards the requisite eligibility criteria for Rajasthan Teacher Eligibility Test, which reads thus:- ...[VERNACULAR TEXT OMITTED]... Learned counsel for the petitioner thereafter invited attention of this Court towards the circular dated 23.03.2011 issued by the State Government whereby it has been clarified that the candidates who have got themselves enrolled for Rajasthan Teachers' Eligibility Test (RTET) shall be eligible for appointment in wake of the guidelines issued by the NCTE on 11.02.2011. Mr. Sunil Joshi, learned counsel for the respondents supported the stand of the State and submitted that the petitioner's candidature has been rightly rejected inasmuch as the persons having cleared Rajasthan Teachers' Eligibility Test (RTET) prior to completion of the Basic School Teacher Certificate Course (BSTC) cannot be said to be fully eligible. According to him completion of Rajasthan Teachers' Eligibility Test (RTET) before obtaining the Basic School Teacher Certificate (BSTC) is like clearing Graduation before the Senior Secondary. Having heard learned counsel for the petitioner and after perusal of the record, this Court is of the considered opinion that the stand of the respondents is only illegal but also contrary to the condition of the advertisement and circular dated 23.03.2011 issued by the State Government. A perusal of the condition No. 6.8 of the advertisement, the eligibility condition of RTET examination and so also the circular dated 23.03.2011 issued by the State Government leaves no room for ambiguity that a person can very well clear Rajasthan Teachers Eligibility Test (RTET) before completion of his/her Basic School Teacher Certificate (BSTC) Course. In view of the above, rejection of petitioner's candidature (Annex.12) is illegal, for which it is quashed and set aside. The respondents are directed to give suitable appointment to the petitioner, within a period of six weeks from today. The petition stands allowed." 4. Thus, the present petition is allowed and the respondents are directed to consider the petitioners on their own merits and eligibility while not rejecting their candidature on the account of the fact that petitioners completed their RTET examination prior to the B.Ed examination."
(3.) Learned counsel for the respondents is not in a position to refute the aforesaid submission.;