Amit Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

The present writ petition has been filed with the following reliefs:-

“(i) by an appropriate order or directions, the list (Annex. 8) rejecting the candidatdure of the petitioner for appointment on the post of Teacher Grade III (Level-2) (English) (TSP) may kindly be declared illegal and be quashed and set aside and the respondents be directed to grant appointment to the petitioner on the post of Teacher Grade III (Level-2) (English) (TSP) with all consequential benefits on and from the date, the persons junior to the petitioner are so appointed.”

Learned counsel for the parties jointly submits that the controversy involved in the present matter stands settled by a Co- ordinate Bench of this Court in S.B. Civil Writ Petition No. 6438/2019 (Kailash Damor vs. State of Rajasthan & Ors.) wherein following directions have been issued:-

“As is clear from the perusal of the record, the petitioner had already completed his first graduation in the year 2007 and thereafter obtained his B.Ed. degree in the year 2009. Therefore, the same was not prior to the date of his graduation. Completion of the second graduation by the petitioner in the year 2016 would not, in any manner, have any effect on his B.Ed. degree as the degree of B.Ed. is for the purpose of proficiency in teaching and has nothing to do with the stream of graduation.

So far as the second submission of the counsel for the respondents is concerned, a perusal of the notification dated 03.10.2017 issued by the Elementary Education Department shows that those candidates who obtained the graduation degree prior to the REET examination would be eligible for Teacher Grade- III, if he has obtained the graduation degree in an additional subject after the REET qualification.

The above mentioned relaxation which provides that if a person obtained graduation degree in one additional subject would be held to be eligible, definitely would apply to the candidates like the petitioner who had obtained a degree of graduation in three additional subjects. It cannot be the intention of any rule/notification/circular that a person obtaining the degree in one additional subject would be held to be eligible whereas, one who has obtained the degree in three additional subjects would not be held to be eligible.”

In view of the aforesaid submissions, the present writ petition is disposed of in terms of the judgment passed by the Co-ordinate Bench of this Court in the case of Kailash Damor (supra) in accordance with law.