SBCWP NO.3323/05. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.3323/2005. Smt.Mamta Choudhary Versus State of Rajasthan & Ors. Date of order:- August 19, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashwani Chobisa for the petitioner. Shri S.N. Kumawat, Additional Advocate General. ***** BY THE COURT:- This writ petition has been filed by petitioner Smt.Mamta Choudhary challenging the validity of Rule 266(3) of the Rajasthan Panchayat Raj Rules, 1996 which provides minimum qualification for appointment on the post of Primary School Teacher, Senior Secondary or Higher Secondary from the Board of Secondary Education or equivalent Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with five subjects, three of them shall Mathematics, English and Hindi. Since petitioner has Mathematics in Secondary School Certificate, she was deemed ineligible therefore, was not offered appointment. The dispute is about the appointment on the post of Primary School Teacher pursuant to advertisement SBCWP NO.3323/05. 2 issued by the respondents on 10/4/2005. According to the petitioner, her name appears within 1800 candidates, who were appointed. Under order of this Court, petitioner was provisionally allowed to appear in the interview and respondent No.2 in the meantime directed to keep one post of Primary School Teacher vacant in general category for the purpose. Learned counsel for the petitioner although has challenged the validity of Rule 266(3) of the Rajasthan Panchayat Raj Rules, 1996 but that question cannot be gone into for two reasons; (i) firstly because validity of that rule has already been upheld by the co-ordinate Bench of this Court in Sarita Vs. State and ors. (SBCWP No.2235/2005) rendered at the Principal Seat of this Court vide order dated 16/2/2006 and (ii) secondly, petitioner has herself cleared now Mathematics as additional subject in the Secondary School Certificate Course from the Board of Secondary Education Rajasthan, Ajmer. Copy of the mark-sheet issued in Aug- Sept.1987 is on record as Ann.1. Additionally, I find that petitioner has further also passed qualification of B.Ed. Examination. Having regard to this peculiar fact of the case and the fact that name of the petitioner has otherwise appeared in the merit list sufficiently high and one was kept vacant by orders of this Court, I require the petitioner to make representation to the State Government in the SBCWP NO.3323/05. 3 Department of Education for relaxing the qualification of Mathematics for the time being as even otherwise the petitioner has already acquired such qualification. I hope that this being a hard case, petitioner such representation shall receive sympathetic consideration at the end of the government and if eventually, she is granted relaxation, petitioner would be only entitled to notional benefit for the intervening period. The representation so made by the petitioner shall be decided by the competent authority within a period of three months from the date of its submission before it. Uptill such time, the post of Primary School Teacher directed to be kept vacant shall not be filled in. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. anil