PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this writ petition under Article 226 of the Constitution of India, claiming the following reliefs: "(i). The action of the respondent while changing the criteria of preparation of merit list vide Clause 5 of General Instruction and Clause 10(2) of the amended advertisement No. 01/2017 dated 11.09.2017 and accordingly issuing the cut off marks dt. 25.01.2018 (Annexure-09) may kindly be declared bad in law, unjust, arbitrary and contrary to well settled law propounded in K. Manjushree's case by Hon'ble Apex Court and further violative to Article 14, 16 and 21 of the Constitution of India and the same be quashed and set aside; and/or (ii) The respondents may kindly be directed to prepare the select list as per clause 10(2) of the principal advertisement No. 01/2016 dated 06.07.2016 on the basis of maximum marks obtained in RTET-2011, REET- 2012 or REET-2015 only and if the petitioner's come in merit list, then they be offered appointment on the post of Teacher Grade III (Level-II); and/or (iii) In alternate, the respondents may kindly be directed to provide weightage to the marks obtained by the aspirant obtained in Graduation while applying the statistical formula for normalization as per different universities/institutions for different years while evolving percentile formula as adopted in other examination like IIT, etc. (iv) In alternate, the respondents may kindly be directed to conduct competitive examination and prepare the merit list as per marks obtained in the competitive examination alongwith 20% marks of TET Examination as adopted in earlier recruitment of Teacher Grade-III for the year 2012 and 2013."
(2.) The brief facts of this case, as noticed by this Court, are that the respondent/department issued an advertisement No. 01/2016 dated 06.07.2016 for recruitment on the post of Teacher Grade-III Level-I (Classes I to V) and Level-II (Classes VI to VIII) through the Rajasthan Primary and Upper Primary School Teacher Direct Recruitment, 2016 for Non-TSP area under the Rajasthan Panchayati Raj Act, 1994 and the Rajasthan Panchayati Raj Rules, 1996 framed thereunder.
(3.) The bone of contention in the present writ petition is that certain instructions have been given in Clause 10(2) of the said advertisement dated 06.07.2016, which is reproduced as hereunder: "...[VERNACULAR TEXT OMITTED]...";