JUDGEMENT
AJAY RASTOGI,J. -
(1.) The respondent-applicant initially approached this court way back in the year 1997 with the grievance that he has been
arbitrarily denied from being considered for appointment on the
post of Teacher Gr.III despite this fact remain indisputed that the
marks secured in Senior Secondary (Vocational) which has been
held to be equivalent to Senior Secondary (Academic) if taken
note of for the purpose of determination of merit, he has secured
the higher percentage of marks than the last person who has been
appointed as Teacher Gr.III in the Zila Parishad, Barmer in his
respective category. The last person secured 71.81 marks was
appointed and at the same time the present respondent/applicant
secured 72.7 marks on the basis of Senior Secondary qualification
is still knocking the doors of this court with the grievance that at
least he may be considered eligible for appointment on the post of
Teacher Gr.III, although at this belated stage.
(2.) The brief facts of the case put forward by the petitioner while approaching this court in the year 1997 are that the post of
Teacher Gr.III included in the Schedule appended to the Rajasthan
Panchayati Samitis & Zila Parishads Rules, 1959 which was later
on replaced by the Rajasthan Panchayati Raj Rules, 1996 came to
be advertised vide advertisement No.9/96 dt.01.10.1996 by the
Zila Parishad, Barmer and 600 approx. vacancies of Teacher Gr.III
were advertised.
(3.) The writ petitioner was holding the qualification of Secondary with BSTC & Senior Secondary (Vocational), although earlier there
was a consensus that Senior Secondary (Vocational) be considered
to be equivalent to Senior Secondary (Academic) for the purpose
of appointment to the post of Teacher Gr.III but the Division Bench
of this court held Senior Secondary (Vocational) be equivalent to
Senior Secondary (Academic) and the view was affirmed by the
Apex Court and it was held that Senior Secondary (Vocational) is
equivalent to Senior Secondary (Academic) for the purpose of
appointment to the post of Teacher Gr.III under the Rajasthan
Panchayati Raj Rules, 1996 and indisputably, the Zila Parishad,
Barmer prepared the merit list of the candidates who have
participated in the selection process based on the marks secured
by them in Senior Secondary (Vocational)/Senior Secondary
(Academic) with their training of BSTC or B.Ed., as the case may
be and considered them for appointment according to order of
their merit.;
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