1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 2396 of 1997 SMT. SUKHVEER KAUR V/S STATE & ORS Mr. RK BOHRA for Mr. NL JOSHI, for the appellant / petitioner Dr. GR KALLA, AGC, for the respondent Date of Order : 26.11.2009 HON'BLE SHRI N P GUPTA,J. ORDER ----- The petitioner's candidature for appointment to the post of Teacher Gr.II English has been rejected on the ground of his having not cleared the qualification with English as one of the optional subjects. The petitioner seeks to challenge that, and for that purpose has produced the marksheet of graduation being Annexure 1 to 3, and has contended that English subject therein is elective subject and not compulsory, and for that purpose has also produced Annexure-5 being a certificate dt. 22.4.1997. It may be noticed that the marksheets are of the year 1986 to 1988. The contention is that despite the petitioner having taken three years degree course with English as optional subject, and the same having been verified vide Annexure-5 his candidature has wrongly bee rejected. A reply to the writ petition has been filed contending firstly that panel of selection was valid only upto 31.3.1998, and has already expired. Then, it is contended that 2 from Annexure-1 to 3 it appears that English was a general subject, and not optional one, while for appointment to the post of Teacher Gr. II incumbent was required to have passed graduation with English as one of the optional subjects. It was also pleaded that providing English as elective subject is only that in choosing additional language, like Hindi, Urdu, Sanskrit, or English, the candidate could elect any one, but then that would remain a compulsory subject, and cannot be taken to be an optional subject within the contemplation of Rules of 1971. The matter came up for consideration on 11.1.2001 on which date following order was passed:- “Petitioner has placed reliance on the documents dated 29.5.1997(Annex.5) by which the Registrar of the respondent University No.4 has certified that as per the Detailed Marks Card (Mark Sheet) of her D.M.C. of B.A. Part-III, the subject of English studied by her should be considered as elective subject, though there is nothing on record to show under what rule such a certificate has been issued because in the mark sheets of the petitioner contained in Annex. 1, 2 & 3 there is no description whether such subjects are compulsory or which subjects are optional. Therefore, petitioner may file the necessary documents particularly the syllabus of the University providing the compulsory and optional subjects within a period of four weeks. Put up after four weeks as prayed.” 3 However, the fact remains that despite expiry of more than 8 years instead of four weeks the syllabus has not been produced, nor any other material has been produced which may satisfy the requirements of the order dated. 11.1.2001. In that view of the matter, since from the mark- sheet Annexures-1, 2 and 3, it is not clear as to whether the petitioner has cleared the qualification with English as optional subject as required by the Rules of 1971, I do not find any ground to grant any relief to the petitioner as prayed in the writ petition. The writ petition is, therefore, dismissed. ( N P GUPTA ),J. /Sushil/