HEMANT KUMAR SHARMA AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2018-4-209
HIGH COURT OF RAJASTHAN
Decided on April 13,2018

Hemant Kumar Sharma And Others Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI,J. - (1.) These writ petitions under Articles 226 of the Constitution of India have been preferred, claiming, in sum and substance, the following reliefs:- "1. By an appropriate writ order or direction, the condition no.03 of the order dated 28.02.2018 and any order denying the qualification of the petitioners for selection and appointment on the post of Teacher Grade-III (Level-II) English in pursuance of the amended advertisement dated 11.09.2017 may kindly be quashed and set aside. 2. By an appropriate writ order or direction, the respondents may kindly be directed to consider the Additional Qualification of the petitioners i.e. BA Additional English for the post of Teacher Grade III (Level-II) English in pursuance of the amended advertisement dated 11.09.2017. 3. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioners 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. 4. 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."
(2.) The brief facts in this case, as noticed by this Court, are that the petitioners, while possessing the qualification of Graduation and B.Ed, sought to participate in the selection process of Teacher Grade III Level II (English) in pursuance of the advertisement notification dated 06.07.2016. The petitioners while pursuing their Graduation, were also having English Literature, as additional Subject in the Graduation, and the University concerned issued mark-sheets for the Additional Subject of English. The advertisement in question was to be implemented as per the National Council for Teachers Education (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2005 ( hereinafter referred to as 'the Regulations of 2005'), which lays down the eligibility and other criteria.
(3.) In the Regulations of 2005, it was stipulated that any person having less than 50% marks in BA/MA shall be entitled to get the admission in B.Ed course. The petitioners admittedly were having more than 50% marks and thus, entitled for admission in STC/B.Ed.;


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