1 S.B. CIVIL WRIT PETITION NO.8062/2007. (KAMLA CHOUDHARY VS. STATE OF RAJ. & ORS.) DATE OF ORDER : 06.11.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. I.R. Choudhary for the petitioner. Mr. S.S. Ladrecha for the respondents. The petitioner – a divorced woman applied to be considered for appointment as Teacher Grade III in pursuant to Advertisement dated 28.11.2006 (Annexure 9) issued by the Commissioner (Elementary Education), Bikaner. Her candidature was rejected by the Joint Director (Elementary Education), Rajasthan on the count that she was having Senior Secondary School Examination (Vocational) Certificate. It is stated by learned counsel for the petitioner that this Court in the case of Ram Raj Tada vs. State of Rajasthan and others (SBCWP No.4005/2008) decided on 08.08.2008 has already taken a view that the persons having qualification of Senior Secondary (Vocational) are eligible to be appointed as Teacher Grade III and, therefore, the rejection of the petitioners candidature is illegal. 2 Learned counsel for the respondents is also in agreement with learned counsel for the petitioner to the extent that in case of Ram Raj Tada (supra), this Court taken the view regarding eligibility for the post of Primary/Upper Primary School Teachers for the persons having qualification of Senior Secondary (Vocational). Heard learned counsel for the parties. This Court in Ram Raj Tada's (supra) held as follows: “In the facts of instant case, this Court is of the opinion that since NCTE alone holds competence and in absence of guidelines or directives from NCTE, decision impugned taken by respondents in denying consideration to such candidates holding Senior Secondary (Voc.) as ineligible in no manner can be said to be in consonance with existing Scheme of Rules, 1996 particularly in terms of amendment dt.28/06/06 and such action of the respondent deserves to be set aside. Consequently, all the petitions succeed and are hereby allowed. The decision taken by respondents holding petitioners ineligible on the premise in their qualification of Senior 3 Secondary (Vocational) without Bridge Course, is hereby quashed and set aside. Respondents are directed to consider petitioners who hold qualification of Senior Secondary (Vocational) as eligible for the post of Primary / Upper Primary School Teachers and consider their candidatures for appointment based on their participation having taken place in pursuance of advertisement dated 30.10.2006 and if their names find place in order of merit in respective category, they may be considered and if found suitable, be appointed, however, they will be entitled for seniority, notional fixation etc., and all other service benefits but will not be entitled for salary for the intervening period during which they did not actually work.” In the instant matter also, the petitioner applied for appointment to the post of Teacher Grade III and, therefore, the law laid down by this Court in the case of Raj Raj Tada's is having absolute application in present controversy. Accordingly, this petition for writ is allowed. The decision of the respondents treating the petitioner ineligible to be considered for appointment as Teacher Grade III is declared illegal. The respondents are directed to consider candidature of 4 the petitioner for the purpose of appointment to the post of Teacher Grade III in pursuant to the advertisement dated 28.11.2006. (GOVIND MATHUR)J. Anil/