Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers: "1. By an appropriate writ, order or direction to respondent No.2, same may kindly be directed to permit the petitioner in the process of counselling of Teacher Grade-III recruitment, 2013 and further directed to provide the appointment on the post of Teacher Grade-III Level-II Subject Urdu. 2. By an appropriate writ, order or direction to respondents, same may kindly be directed to verify the document of the petitioner for the purpose to participate in the process of counselling as well as preparation of selection list."
(2.) The petitioner has contested for the post of Teacher Grade-III Level-II in the category of OBC Women. The petitioner had completed the Graduation on 16.06.2008 and was having 43.83% marks.
(3.) Learned counsel for the petitioner submits that the similar controversy is decided by this Court in the case of Sushil Sompura v. State of Rajasthan and Ors . and Deena Ram Meghwal v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.5462/2017) . The judgment of Deena Ram Meghwal (supra) reads as under: "1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers: "A. By an appropriate writ, order or direction, any order denying the selection and appointment of the petitioner for the post of Teacher Grade-III (Level-II) S.St. In pursuance of the advertisement dated 27.02.2012 (Annex.4) may kindly be quashed and set aside. B. 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 (Class VI to VIII) against the category of SC as per the marks secured by him in revised result in pursuance of the advertisement dated 27.02.2012 for Zila Parishad, Pali with all consequential benefits. C. By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioner and appoint the petitioner as Teacher Grade- III in terms of Para 7(5) of the advertisement dated 27.02.2012 strictly in accordance with the judgment passed by this Hon'ble Court on 20.05.2011 in D.B. Civil Writ Petition No.3964/2011 (Sushil Sompura) and Ors. v. State (Education) and Ors) . 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 Rule 266 of Rajasthan Panchayati Raj Rules, 1996 (hereinafter after referred as the Rules of 1996) stipulates the academic qualification that a recruit must possess minimum qualification. The relevant portion of Rule 266 of the Rules of 1966, the sub Rule (3) reads as under: "Rule 266. Academic Qualification- .................... (1)........................... (2) ......................... (3) Primary and upper Primary School Teacher (100% by direct recruitment) JUDGEMENT_207_LAWS(RAJ)1_2018_1.html Provided further that the person who has appeared in the B.Ed./BSTC examination shall be eligible to apply for the post of primary and upper primary school teacher but he shall have to submit proof of having acquired the said educational qualification to the [Distt. Establishment Committee] before the declaration of result of the said examination. 3. While exercising the powers under Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the notification dated 29.07.2011 has been passed. 4. In the notification, the minimum qualification for Level-II reads as follows: (a) Graduation and 2 year Diploma in Elementary Education (by whatever name known) OR Graduation with at least 50% marks and 1 year Bachelor in Education (B.Ed.) OR Graduation with at least 45% marks and 1 year Bachelor in Education (B.Ed.) in accordance with the NCTE Recognition Norms and Procedure) Regulations issued from time to time in this regard. OR Senior Secondary (or its equivalent) with at least 50% marks and 4 years Bachelor in Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year B.A./B.SC.Ed. Or B.A.Ed./B.Sc.Ed. OR Graduation with at least 50% marks and 1 year B.Ed. (Special Education) AND (b) Pass in Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE for the purpose." 5. Learned counsel for the petitioner further states that the petitioner is having 44.61% marks in the Graduation and as per the minimum qualification prescribed in NCTE, the Graduation need to be with 45% along with 1 year Bachelor in Education Degree recognized by the NCTE. 6. Learned counsel for the petitioner further shows the reservation policy in the notification dated 29.07.2011 issued by NCTE, which reflects 5% relaxation in the qualifying marks shall be allowed to the candidates belonging to reserved categories such as SC/ST/OBC/PH. 7. It is further noted by this Court that the petitioner has obtained the Graduation Degree in the year 2006 and as per the judgment of Sushil Sompura (supra), the Graduation of the petitioner shall stand protected. 8. After hearing learned counsel for the parties and perusing the material available on record, this Court is of the opinion that once in tandem with Rule 266 of the Rules of 1996, a notification has been made and it permits Level-II entry with 45% marks in Graduation and 5% relaxation to the reserved category candidates, then the petitioner who has secured 44.61% marks and if given 5% relaxation available to the SC category candidates then he shall be qualified as per the NCTE notification dated 29.07.2011.The petitioner who was a SC category candidate is thus, entitled to be given appointment, if otherwise, he is in the merit on account of having 44.61% marks in the Graduation. 9. In light of the aforesaid observations, the present writ petition is allowed and the respondents are directed to give appointment to the petitioner on the post of Teacher Grade-III Level-II Social Study (SC category) vide advertisement dated 27.02.2012, in case he is otherwise secured the cut-off marks in the result issued by the Zila Parishad, Pali.;