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Judgment
This writ petition has been filed by the petitioners aggrieved by cancellation of petitioners' candidature by the respondents on account of his failure to obtain 60% marks in the Rajasthan Eligibility Examinations for Teachers ('REET') - 2017.
The petitioners obtained 46.67% and 44.67% marks respectively in REET-2017 as is reflected from Annex.2. The area to which the petitioners belong, has been included in the TSP area vide notification dated 19.5.2018 and, therefore, pursuant to the advertisement dated 31.7.2018, the petitioners applied for the post of Teacher Gr.III, English (TSP). They were selected, subjected to counseling and were also allotted school vide Annex.7. However, subsequent thereto, on account of the fact that the petitioners had not obtained the requisite 60% marks in REET and were indicated as 'not eligible' in the score-sheet (Annex.2), the candidature of the petitioners was rejected.
It is submitted by learned counsel for the petitioners that the stipulation made in the advertisement (Annex.4) indicates that for the candidates belonging to S.T. category of scheduled area, the minimum passing marks in REET would be 36% only and as the petitioners have obtained more marks than 36%, merely because in the score-sheet it has been indicated that the petitioners are not eligible, the candidature of the petitioners could not have been rejected.
Learned counsel for the respondents made submissions that the rejection of the petitioners' candidature is justified as the petitioners had not secured requisite marks in the REET, wherein, the minimum requirement is 60% marks and as they have been indicated as 'not eligible' in Annex.2, the petition filed by the petitioners deserves to be dismissed.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
It is no doubt true that the petitioners have obtained 46.67% and 44.67% marks respectively in REET and were declared 'not eligible' vide Annex.2, however, the said fact was required to be considered in terms of the stipulation made in the advertisement, wherein, for S.T. candidates of scheduled area, the minimum passing marks have been indicated as 36% and as the petitioners have obtained more marks than the minimum required marks, the action of the respondents in this regard cannot be sustained.
In view thereof, the writ petition filed by the petitioners is allowed. The action of the respondents in canceling the candidature of the petitioners is set aside and the respondents are directed to appoint the petitioners on the post of Teacher Gr.III (Level-II) for the subject English (TSP) for which, they have already been selected vide order / list dated 3.9.2018 (Annex.7).