1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.88/2002 Smt. Jyoti Bala Srivastava vs. State & Ors. Date of order : 13/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajendra Kumar Sharma for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner against the order dated 10.12.2001 whereby the respondent required him to show as to why he should not be treated as ineligible for appointment on the post of Teacher Gr.III for the reason that he did not have English and Mathematics as subject with secondary school qualification. Learned counsel for the petitioner has argued that petitioner was appointed on the post of Teacher Gr.III by order dated 11.10.1984 and subsequently by order dated 19.11.1987 he was confirmed on that post with effect from 21.8.1985. At the time of her appointment, the respondents thoroughly scrutinized her qualification and other 2 testimonies. She had passed her secondary examination from Secondary Education Council, U.P. in 1969. She thereafter passed the intermediate examination from the same Council in 1971. She then obtained the degree of B.Ed. in the year 1977. The petitioner obtained all these qualifications as per the scheme of education then prevalent in the State of Uttar Pradesh and the qualification possessed by her was treated as equivalent to the corresponding level of certificates / diplomas of the Board of Secondary Education, Rajasthan. The respondents raised the objection about the eligibility of the petitioner on the basis of an audit objection dated 10.12.2001. Learned counsel submits that at this distance of time, action of the respondents cannot be said to be justified. The learned Additional Government Counsel opposed the writ petition and submitted that as per the order of the Government dated 31.3.1986 passed by the Director, Primary and Secondary Education and order dated 10.5.1989 passed by Department of Education, Government of 3 Rajasthan, a candidate for admission on the post of Teacher Gr.III will have to qualify the secondary with the subject of Mathematics and English and the same requirement would apply to secondary or higher secondary and such requirement would also be initiated upon in the case of equivalent qualification. The petitioner was not therefore entitled for appointment and the objection was rightly raised. The division bench of this Court in State of Rajasthan & Ors. Vs. Smt. Vimla Doongarwal-1998 WLC (Raj.)174 while examining similar objection raised by the Government with regard to eligibility of the respondent therein that she did not have Mathematics with her higher secondary examination held that there was no such stipulation in the Rajasthan Educational Subordinate Service Rules, 1971 and no such condition could be superimposed merely on the basis of executive instructions. In the present case, the respondents have appointed the petitioner on 11.10.1984 and confirmed her with effect from 21.8.1985, therefore, they could not after such a length of time, 4 question her eligibility, more particularly when she also possesses B.Ed. degree. In the result, this writ petition is allowed. The impugned order dated 10.12.2001 is quashed and set aside the petitioner is declared entitled to continue in service on the strength of the qualification possessed by her. (MOHAMMAD RAFIQ), J. RS/