- (1.) This bunch of writ petitions can be conveniently heard and disposed of together as they involve identical questions of fact and law. The cases decided by this judgment are mentioned in the Schedule attached to this order.
(2.) Facts giving rise to these petitions stated briefly are that advertisement was issued by various Zila Parishads for recruitment to Grade III Teacher in the Zila Parishads. The advertisement was duly published in the local news paper. It stipulates the number of vacancies, the qualifications, the eligibility conditions etc. and it pertained to recruitment for the year 1998. The educational qualification required by the advertisement was Higher Secondary School Certificate or equivalent with subjects of Mathematics, English and Hindi and B.S.T.C. qualification. The advertisement published in vernacular reads thus: It will thus be seen that the offer of employment as published by various Zila Parishads stipulated Higher Secondary School Certificate and B.S.T.C. as the basic qualifications making eligible a candidate for consideration for public employment as contemplated by Article 16 of the Constitution.
(3.) It would be worthwhile to take note of the law pertaining to recruitment under various Zila Parishads of Panchayat Samities as it existed in the State of Rajasthan in the year 1998. The entire Panchayati Raj Institution including Zila Parishads and the Panchayat Samities are governed by the provisions of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994'). Section 80 of this Act empowers the State Govt. to prescribe the scales of pay and allowances of employees of the Panchayat Institutions. Section 102 empowers the State Govt. to make rules in this behalf including the rule making for the purpose of determining the conditions of service and employment under the Panchayati Raj. The rules as per law are required to be laid before the House for its legislature and if not approved or if not laid, shall cease to have the force of law. Accordingly, rules have been framed by the State for this purpose and Rule 266 of the Rules provides the academic qualification which a person must possess for recruitment on the post of Primary School Teacher. The rule as it initially stood stipulates that recruit must possess minimum qualification as under: Primary School Senior Secondary with Teacher(100% B.S.T.C. course.) It is pertinent to note that the B.S.T.C. Course has not been defined anywhere in these rules.;