PATIL, CJ. - (1.) THE subject matter of these appeals is the Circular dated, 19. 8. 98 issued by the Secretary, Rural Development and Panchayat Raj Department, Jaipur, clarifying the eligibility clause of the advertisement for appointment to the post of Primary School Teachers Gr. III, to the effect that qualification of Sr. Secondary (Vocational) is not equivalent to Sr. Secondary (Academic ).
(2.) THESE two appeals are filed by the State of Rajasthan and Zila Parishad, Jhunjhunu, aggrieved by the common judgment and order dated, 1. 12. 98 passed by the learned Single Judge in Writ Petition No. 4726 and Writ Petition No. 5086/98 by which aforementioned circular dated, 19. 8. 98 was quashed by the learned Single Judge, allowing the said writ petitions. For convenience, in this judgment, we shall refer to the parties as they were arrayed in the writ petitions. The petitioners in the writ petitions sought for a declaration that the impugned Circular dated, 19. 8. 98 as illegal and arbitrary, the same be quashed and that the respondents be directed to consider the petitioners to be eligible for appoi- ntment on the post of Primary School Teacher in terms of the Rajasthan Panchayat Raj Rules, 1996. The further prayer was to direct the respondents to appoint the petitioners on the post of Primary School Teachers in terms of the Advertisement dated, 16. 6. 98 in order of their merits. The Circular dated, 19. 8. 98, the validly of which is called in question in the writ petitions reads thus: The English translation of the same is as follows: ``government OF RAJASTHAn RURAL DEVELOPMENT AND PANCHAYATI RAJ DEPARTMENT. S. N. F. 139 (14-2) GVP/edu. /appointment/96/1350 Jaipur dt. 19. 8. 98 Chief Executive Officer and Secretary, Zila Parishad (All.) Subject : Regarding Senior Secondary (Vocational) Examination be- ing not treated as equivalent to Senior Secondary (Academic) Examination. On the above subject since this decision has been taken by the Hon'ble High Court that Senior Secondary (Vocational) Examination is not equivalent to Senior Secondary (Academic) Examination. The- refore, after having consultations with Law Department, this has been decided by the Department that while scrutinising the applications which have been received in pursuance to advertisement issued for appointment of III grade teachers, Sr. Secondary (Vocational) Examination may not be treated as equivalent to Senior Secondary (Acade- mic) Examination so that no controversy of any kind may arise in the matter. This order may be strictly followed. sd/- Director and Special Secretary Rural Development and Panchayati Raj Department, Raj. Jaipur. '' Briefly stated, the facts as can be gathered from the writ petitions and leading to the filing of these appeals are the following:
(3.) THE petitioners qualified their Secondary, Sr. Secondary (Vocational) and thereafter, B. S. T. C. Course and became eligible for appointment for the post of Primary School Teacher under the Rajasthan Panchayat Raj Rules, 1996 (for short the Rules ). THE petitioners fulfilled the eligibility conditions as per Rules 266, but the respondents are not considering them to be eligible on the ground that a deci- sion has been taken and the impugned Circular dated, 19. 8. 98 was accordingly issued informing that for the year 1998-99, Sr. Secondary Academic is not being considered to be equivalent to Sr. Secondary (Vocational ). As such, the candidature of persons like the petitioners, who possess qualification of Senior Secondary (Vocational) are not being considered to be eligible for appointment to the post of Teachers under the Rules. That the respondent No. 2 issued an Advertisement dated 16. 6. 98 to fill up that posts of Primary School Teachers. The petitioners being eligible in terms of the Advertisement dated, 16. 6. 98, submitted their application forms for consideration of their candidature for the post of Primary School Teachers. That an amendment was made so far as the qualification to the post of Primary School Teacher is concerned vide Notification dated, 7. 5. 98. To the extent, the amendment is relevant is to the following effect. ``government OF RAJASTHAn RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPTT. (3) PRIMARY SCHOOL TEACHER (100% BY DIRECT RECRUITMENT. (1) Senior Secondary under new (10+2) scheme or Higher Secondary under old Scheme from Rajasthan Board of Secondary Educations or equivalent and Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with 5 subjects, 3 of them shall be Mathematics, English and Hindi. (ii) B. S. T. C. Course. '' ;