ARUN MADAN, J. - (1.) THIS review petition has been prefered against the order dated 18th Nov., 1996 whereby the petitioner has sought to challenge the aforesaid order on the ground inter alia that as per the case canvassed on behalf of the Management of the respondent - School, the petitioner had tendered her resignation from the post of Teacher Grade III with effect from 28th April, 1992 (Annex. R/3 on the record) which was accepted with effect from 30.4.1992 (Annex.R/4) made effective with effect from 31stMay, 1992. It has vehemently been contended by the learned Counsel for the petitioner that the petitioner had never tendered any resignation of Teacher (Grade -Ill) of Shri Adi Gaud Brahman (Murti Kalakar) School (respondent No. 4) and even assuming that contention of the respondents is to be accepted as correct even then, it could not be made effective with effect from 31.5.1992 on the basis of its acceptance by the Management with effect from 30.4.1992.
(2.) THE learned Counsel has further contended that there could be no occasion for the petitioner to tender her resignation particularly when second stay application was filed on her behalf on 22.5.1992 and notices were issued on the said application by this Court in pursuance of the order dated 23.3.1992 passed in 1st stay application in pursuance of which, this court had directed that one post of trained teacher be kept vacant till further orders. The case of the petitioner in short is that she was appointed as Teacher Grade III with effect from 12th August, 1979 in Aadi Gaur Brahmin Middle School which is under the control of State Government i.e. Secretary, Education Department as well as Director of Education, Bikaner, respondents No. 1 and 2 respectively. The school where the petitioner last served in the capacity of trained teacher pursuant to her qualifying B.Ed, in the year 1991 as per the marksheet issued by the Controller of Examination, Kota Open University (vide Annex.3) on the record. A perusal of this marksheet reveals that the petitioner had qualified the said examination in the year 1991 itself. She performed the duty as Teacher Grade III in the aforesaid school regularly with effect from 12.8.1979 and it was while during her tenure of service that she obtained B.Ed. qualification from Kota Open University. After completing her B.Ed. Course, the petitioner made several requests by way of representations to respondents No. 4 and 5 to place her in the regular grade of trained teacher as per the terms and conditions of her appointment letter dtd. 12th August, 1979 vide Annex. 1 as she was eligible for the said post, but no heed was paid to the same by the Management of respondent school. In the meanwhile on 20th Sep., 1991, the respondent No. 4 Issued an advertisement which was published in the Rajasthan patrika inviting applications from amongst the eligible candidates for appointment on the post of trained Teacher. This fact is borne out from the advertisement (vide Annex. 5) on the record. Soon after seeing the advertisement published in the newspaper, the petitioner immediately contacted respondents No. 4 and 5 who assured her that advertisement was published due to some mistake and they had no intention to select anybody else for vacant post and that she was assured that she will be adjusted on the vacant post in view of her fulfilling the eligibility criteria and will also be given suitable grade.
(3.) CONTRARY to the assurance conveyed to the petitioner as aforesaid, the respondents took interviews from the eligible candidates who had applied for the post of trained Teacher and the petitioner was thereafter not permitted to mark her attendance on the register maintained by the school nor permitted to perform her duties on the said post which she was already doing prior to the same.;