CW 6492/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6492/2006 Smt. Bhavna Saxena Versus State & RPSC Ajmer. Date of Order ::: 28/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Mahesh Gupta, for petitioner Mr. SN Kumawat, AAG, for respondents-State & PSC Instant petition has been filed with the grievance that her candidature has arbitrarily been rejected by respondents vide letter dt. 02/06/06 (Ann.10) in regard to her participation in process of selection for the post of Primary School Teacher in pursuance of advertisement dt.02/06/04 (Ann.1). Petitioner holding qualifications of Secondary School Examination from Maharani Laxmibai Girls Multi-purpose Higher Secondary School, Bhind (Madhya Pradesh) & Higher Secondary Examination from Board of Secondary Education, Madhya Pradesh, Bhopal and also of her Graduation from Jiwaji University, Gwalior, (Madhya Pradesh) & B.Ed. Degree holder, submitted application for the post of Primary School Teacher pursuant to advertisement (Ann.1) issued under Rajasthan Panchayatiraj Rules, 1996 (“Rules, 1996“). However, this fact has not been disputed that petitioner finally qualified in written CW 6492/06 //2// examination and persons lower in order of merit were considered for appointment but her candidature was rejected vide letter dt.02/06/06 (Ann.10) only on the premise that she was not having subject of Mathematics at her Secondary School examination which was one of conditions of eligibility under Rules 1996. Alongwith additional affidavit dt.10/08/08, petitioner has placed her mark-sheet of having qualified in Secondary School examination, in academic session year 1984-85, in which Mathematics was also one of subjects. As per booklet published by Board of Secondary Education, Rajasthan, Ajmer, Secondary School examination of State of Madhya Pradesh is shown at S.No.18 having been declared as equivalent examination to the Board of Secondary Education, Rajasthan Ajmer. That apart, indisputably, petitioner is a Graduate in Science with B.Ed., from State of Madhya Pradesh. Counsel for petitioner submits that when Secondary School examination from Madhya Pradesh is equivalent to Secondary School Examination, wherein subject-Mathematic was also one of subjects, there was no justification for respondents to reject her candidature vide order impugned (Ann.10). In their reply, respondents inter-alia CW 6492/06 //3// averred that apart from other qualifications, one should hold Secondary School examination with five subjects out of which three subjects should be Hindi, English & Mathematics; but as per material on record, it could not transpire that she did qualify subject-Mathematics at the Secondary School Exam., from Madhya Pradesh; accordingly her candidature was rightly rejected. From additional affidavit dt.10/08/08, it is clearly manifest that she did Secondary School examination from Madhya Pradesh in academic session of 1984-85 – as per mark-sheet whereof, subject-Mathematics was also one of other subjects qualified by her; and once secondary School examination has been held to be equivalent by Board of Secondary Education, Rajasthan, Ajmer, there was no justification for respondents to hold the petitioner in-eligible. This fact has not been disputed by respondents that petitioner was finally selected as a result whereof, was eligible for appointment for the post of Primary School Teacher. Consequently, writ petition succeeds and is hereby allowed. Letter of rejection dt.02/06/06 (Ann.1) is hereby quashed & set aside. While treating the petitioner eligible, respondent-PSC is directed to recommend name of petitioner as a CW 6492/06 //4// result of her selection for the post of Primary School Teacher pursuant to advertisement dt. 02/06/04 (Ann.1) within one month to the State Government which is also directed to consider her for appointment within two months thereafter. Respondents may ensure compliance of this order within three months. No costs. (Ajay Rastogi), J. K.Khatri/p4/6492CW06-28Jn.doc