1 S. B. CIVIL WRIT PETITION NO.6905/2007 CHANDRA KALA TRIVEDI V. THE STATE & OTHERS. DATE OF ORDER :::: 03/03/2008 HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr.B.M.Bohra, )for Petitioner (s). Mr.Devilal R. Vyas ) Mr.Mahesh Gopa ) By this writ petition, the petitioner has challenged the order Annexure 6, by which the candidature of the petitioner for the post of Teacher Grade III was cancelled. Learned counsel for the petitioner submits that the petitioner, having taken qualification of Secondary prusued his studies for Higher qualification, i.e., Post-Graduation from M.D.S. University, Ajmer and obtained B.Ed. qualification from the same University. In view of the possession of Higher qualification, the respondents should not have insisted over lower educational qualification, like the qualification of Intermediate or Senior Secondary. The further contention of the learned counsel for the petitioner is that at the relevant time, the required qualification could have been taken from the IGN Open University also and 2 the petitioner had otherwise taken the said qualification by obtaining the Degree of B.A. from the IGN Open University. Thus, looking to all these qualifications, the respondents should not have insisted upon the qualification of Senior Secondary/Intermediate. I have considered the submissions of the learned counsel for the petitioner. In Rule 266 of the Rajasthan Panchayati Raj Rules, 1996 as amended by Rajasthan Panchayati Raj (Amendment) Rules, 2006 (hereinafter referred to as 'the Rules of 2006'), the existing Clause (3) and entries thereto were substituted by the following educational qualification, the relevant portion of which reads as under :- Level-(ii) Upper (i) Senior Secondary School certificate Primary (Middle or Intermediate or its equivalent; and school section) (ii) Diploma or certificate in elementary teachers training of a duration of not less than two years. OR 3 Bachelor of Elementary Education (B.El. Ed.) OR Graduate with Bachelor of Education (B.Ed.) or its equvalent.” A bare perusal of the qualification quoted above shows that the candidate is required to possess Senior Secondary School certificate or Intermediate or its equivalent; and Diploma or certificate in elementary teachers training of a duration of not less than two years or Bachelor of Elementary Education or Graduate with Bachelor of Education (B.Ed.) or its equivalent qualification. The petitioner is not in possession of first qualification, inasmuch as, the petitioner had not undergone Senior Secondary School certificate or Intermediate Course and there is nothing on record to show that the petitioner is having even equivalent qualification. The perusal of the document enclosed along with the writ petition shows that after undertaking education of Secondary School, the petitioner had obtained in the Degree of Bachelor Course from IGN Open University, but the said qualification is neither Senior Secondary School certificate, nor Intermediate. B.Ed. and Post-Graduation Course, undertaken from the University, 4 cannot be a substitute of the qualification of Senior Secondary or Intermediate. The petitioner cannot take advantage of the Higher qualification in violation or de hors the Rules. Rules provide specific qualification and unless it is struck down, this Court is not competent to pass any order in violation of the statutory provisions . Since as per the statutory provisions, the petitioner is not in possession of the required qualifications, I do not find any error in the order impugned herein. The writ petition is dismissed in limine. (M. N. BHANDARI), J. scd