[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::O R D E R: ASHA TIWARI VS. STATE OF RAJASTHAN & ORS. S.B.CIVIL WRIT PETITION NO.5064/05 under Article 226 of the Constitution of India DATE OF ORDER :: April 1, 2008 PRESENT HON'BLE MR.JUSTICE GOPAL KRISHAN VYAS Mr. Mahesh Boda for petitioner Mr. Shyam Ladrecha, Addl. Govt. Counsel. BY THE COURT : In this case, the petitioner is seeking direction to the respondents for providing appointment on the post of Primary School Teacher in pursuance of Advertisement dated 9th April 2005. According to the case of the petitioner, she acquired Secondary qualification from Board of Secondary Education, Rajasthan, Ajmer in the year 1981 with the subjects; Hindi, English, General Science, Social Studies, Sanskrit, Music and [2] Advance Hindi. Thereafter, she passed her Intermediate Examination from Board of Secondary Education, M.P. in the year 1983 and then passed graduation from the University of Rajasthan in Arts in the year 1985. The Director, Elementary Education, Rajasthan, Bikaner published an Advertisement for recruitment on the post of Primary School Teacher for widow and deserted women and in total 3,773 vacancies were advertised. The petitioner applied in pursuance of the said advertisement but Controller cum Deputy Director, Elementary Education, Jaipur sent a letter to the petitioner whereby called the petitioner for marksheet of Secondary Examination with the subject of Mathematics. According to the petitioner, she was entitled for appointment as a widow candidate on the basis of her qualification but unfortunately she was not provided appointment on the ground that as per qualification laid down in the Panchayati Raj Rules, 1996, a candidate is required to possess Secondary qualification with five subjects including Hindi, Maths and English. The case of the petitioner is that she acquired the qualification of Secondary from Board of Secondary Education, Rajasthan, Ajmer in the year 1981 and at that time Mathematics was not a compulsory subject, therefore said qualification is required to be considered for her appointment on the post of Primary School Teacher. The learned counsel for the petitioner submits that upon perusal of Rule 266 where academic [3] qualification for the post of Primary School Teacher is provided, it is apparent that a candidate is required to possess the qualification of Senior Secondary for appointment as Primary School Teacher under new (10+2) Scheme or Higher Secondary under old scheme from Rajasthan Board of Secondary Education or equivalent and Secondary School Certificate from Rajasthan Board of Secondary Education or equivalent with five subjects, three of them shall be Mathematics, English and Hindi. The Rules of 1996 were promulgated in the month of December 1996 and said qualification was prescribed. Prior to these Rules, no such restriction was in existence for possessing Secondary School Certificate with five subjects, out of which three subjects; English, Hindi and Mathematics, were required. Earlier, Rajasthan Panchayat Samiti and Jila Parishads Act, 1959 was in existence. Academic qualification under Rule 266 was inserted in the year 1998 and petitioner acquired Secondary School qualification in the year 1981 from the Board of Secondary Education, Rajasthan, therefore, at the time of considering her application for appointment, her certificate of Secondary School was to be considered for providing appointment. [4] Now the State Government has amended Rules 266 and 296 by notification dated 28th July 2005 and embargo of subjects is left out, therefore, it is prayed by the learned counsel for the petitioner that respondents may be directed to consider her application in accordance with the amendment made in Rule 266 and 296 because petitioner has applied as a Widow candidate and she is possessing qualification of graduation, therefore, she is entitled to be appointed as Primary School Teacher. According to petitioner it has come to her knowledge that State Govt. is going to appoint untrained widow candidates as “trainee teacher”, therefore her case may also be considered. In this view of the matter, the respondents are hereby directed to consider the candidature of petitioner now for providing appointment on the post of Primary School Teacher since application of the petitioner is still pending for appointment on the post of Teacher Gr.III and no reply has been given to the petitioner for denial of appointment. The respondents shall consider the application of petitioner in pursuance of amendment made on 28th July 2005 and decision taken by the Govt. recently. Upon consideration, if the petitioner is found suitable and eligible for appointment, then she may be provided appointment now in [5] the category of widow. The petition is disposed of with above directions. (GOPAL KRISHAN VYAS) J. jpa/27