IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. SPECIAL APPEAL (WRIT) NO. 803/2016 Rishiraj Choudhary S/o Girdhari Lal Jat, aged about 28 years, R/o Village Bikhawla, Post Chharsa, Tehsil Shahpura, Distt. Jaipur. Versus ----Appellant 1. State of Rajasthan through Secretary Education (Group-II), Government of Rajasthan, Secretariat, Jaipur. 2. Rajasthan Public Service Commission, RPSC Bhawan, Ghooghra Ghati, Ajmer through its Secretary. 3. University of Rajasthan, University Campus, J.L.N. Marg, Jaipur through its Registrar. D.B.SPECIAL APPEAL WRIT NO. 850 / 2016 ----Respondents Lokesh Jain S/o Ratan Lal Jain, aged about 37 years, C/o Shankarlal Ghasilal Jain, Rohatak Wale Noshe Miyan Ka Pool, Tonk, District Tonk, Rajasthan Versus ----Appellant 1. State of Rajasthan through Secretary Education (Group-II), Government of Rajasthan, Secretariat, Jaipur. 2. Rajasthan Public Service Commission, RPSC Bhawan, Ghooghra Ghati, Ajmer through its Secretary. 3. University of Rajasthan, University Campus, J.L.N. Marg, Jaipur through its Registrar. For Appellants : Mr. Vigyan Shah ----Respondents For Respondents : Mr. S.K. Gupta, AAG HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE DINESH MEHTA Judgment Per Hon ble Jhaveri, J.
(2 of 7 ) 16/12/2016 For the reasons stated in the applications (455/2016) in appeal no.803/2016 and (488/2016) in appeal no.850/2016, the delay in filing the appeals is condoned. The applications under section 5 of the Limitation Act are allowed. Learned counsel for the appellant submits that the controversy involved in the present appeals stand concluded by the Division Bench decision of this Court in the case of Ravindra Kumar Saini Vs. State of Rajasthan- D.B. Civil Special Appeal (W) No.357/2016 decided on 19.08.2016. The order reads as under: Instant special appeals are directed against order of the learned Single Judge dated 28.1.2016 referring to the contentions advanced by the appellants treating their eligibility for the post of School Lecturer (Biology), a post included in the Schedule appended to the Rajasthan Education Service Rules, 1970, on the premise that they are holding the qualification of M.Sc. (Micro Biology/Bio- Technology), and being a part of the faculty of Biology, be considered eligible and rejection of their candidature by the Rajasthan Public Service Commission without there being any expert opinion, is unjusticiable and the petitioners at-least be given indulgence to be considered for appointment on the post of School Lecturer (Biology) on the basis of their respective Post Graduation in Micro Biology/Bio- 2 Technology. The brief facts which manifest for our consideration are that the present appellants did their B.Sc. (Science) and M.Sc. in Micro Biology/BioTechnology from the University established by law and intended to participate in the selection process which the Commission initiated pursuant to its advertisement dated
(3 of 7 ) 2.8.2013 for the post of School Lecturer (Biology), a post included in the Schedule appended to the Rules 1970. Before we proceed any further to examine the question, it would be appropriate that the Schedule relevant for the purpose be quoted hereunder :- The post of School Lecturer in the relevant subject is to be filled 50% by direct recruitment and 50% by promotion from Teacher Grade II, a post included in the Schedule appended to the Rajasthan Educational Subordinate Service Rules, 1971. The requirement under the scheme of Rules for School Lecturer (Biology) of which core subjects in the curriculum are Zoology and Botany. Thus, such of the candidates who qualified their Post Graduation in Zoology/Botany being part of 3 the faculty of M.Sc. (Biology), are considered eligible to participate in the selection process for the post School Lecturer (Biology) initiated pursuant to advertisement dated 2.8.2013, under the Rules 1970. The present appellants also intended themselves to be eligible as per their Post Graduate qualification of M.Sc. in Micro Biology/Bio-Technology, appeared in the selection process for the post of School Lecturer (Biology) and as informed to this Court, their names find place in the selectlist, but on the basis of their qualification, they were not considered eligible for appointment and the Commission to its rescue relied on the communication sent by the Government, Education (Group II) Department, dated 22.11.2012, and that was questioned by the appellants by filing their respective writ petitions. The bone of contention for consideration is that Micro Biology/Bio-Technology is a part of the faculty of Biology and they hold eligibility and without taking any expert opinion, the State Government on request sent by the Commission, without appreciating the curriculum of the respective subjects to which the present appellants belong, communicated its decision that only such of the candidates
(4 of 7 ) would be considered eligible who are coming from the core subjects of Zoology/Botany for the purpose of their consideration for appointment to the post of School Lecturer (Biology) under the Rules 1970. Learned counsel for appellants submits that in the 4 absence of expert opinion being sought, decision which has been communicated by the State Government vide its letter dated 22.11.2012, is nothing but an arbitrary exercise of power without due application of mind and more so when it relates to the fate of the present appellants based on their academic qualification, it was all the more necessary for the authorities to take expert opinion before recording its finding under its communication dated 22.11.2012 and this being the basic fallacy which the respondents have committed in arriving to a conclusion holding the present appellants to be ineligible and participate for the post of School Lecturer (Biology) under the scheme of Rules 1970, needs consideration by this Court. Learned counsel for the appellants further submits that the lower post in hierarchy is of Teacher Gr.II (Science), the post included in the Schedule appended to the Rules 1971. All such candidates who have their optional subjects of Zoology, Botany, Micro Biology, Bio-Technology and Bio- Chemistry, are considered eligible for the post of Teacher Gr.II (Science) under the Rules 1971 and the post to which the appellants are presently concerned of School Lecturer (Biology) it is to be filled 50% by promotion under the scheme of Rules 1970 and the candidates who are inducted initially as Teacher Gr.II (Science) with optional subjects Micro Biology, Bio- Technology or Bio-Chemistry, are eligible for promotion to the post of School Lecturer (Biology) under the scheme of Rules 1970, their appears no reasonable nexus and justification to hold that the very candidates holding the qualification of M.Sc. in 5 Micro Biology/Bio-Technology not eligible to be considered against direct recruitment quota under the Rules 1970 and this according to appellants' counsel is
(5 of 7 ) the basic flaw and could have been resolved only after the expert opinion being sought by the Department, and the manner in which the respondents have proceeded in examining their eligibility, is neither in conformity with the scheme of Rules nor acceptable on the settled principles of law and the learned Single Judge also failed to consider their submission in the right perspective. Mr. S.N. Kumawat appearing for the respondents, while supporting the order of the learned Single Judge submits that all such submissions which have been made before this Court have been considered in extenso by the learned Single Judge in its order impugned and need no interference and the appeals deserve to be dismissed. We have heard the learned counsel for the parties and have also perused the order of the learned Single Judge which is impugned before us. The process was initiated by the respondents vide its advertisement dated 2.8.2013 including the post of School Lecturer (Biology) and the core subjects are Zoology/Botany and being relevant subjects, all such candidates who hold the qualification of M.Sc. in Zoology/Botany, are considered eligible and permitted to participate in the process held for School Lecturer (Biology) under the scheme of Rules 1970. As regards the other subjects of which reference have been made, Micro Biology and Bio-Technology, it might be micro classification of the subject Botany, but the core subjects of Biology are Zoology and Botany which alone has been considered to be the academic qualification for the post of School Lecturer (Biology) under the scheme of Rules 1970, and the State Government on a query raised informed the authorities of R.P.S.C. under its letter dt 22.11.2012 and after we have gone through the communication issued by the Government dt 22.11.2012 which is the Rule Making Authority and Employer in question, which has been taken note of by the Commission in processing the applicants to participate in the selection in
(6 of 7 ) question, in terms of the advertisement dt 2.8.2013, we find no error being committed in the decision making process adopted by the respondents in appreciating the eligibility of the candidates to participate in the selection process held for the post of School Lecturer (Biology) under the Rules 1970. The submission made by the learned counsel for the appellants that what has been expressed by the competent authority in its letter dated 22.11.2012 is not supported by any expert opinion and that requires to be considered by this Court, has no substance for the reason that expert opinion may be required where there is any confusion to the authority to co-relate the subjects which are required for participation in the selection process under the Schedule appended to Rules 1970. In the instant case, the requirement for the post of School Lecturer (Biology) M.Sc. in the relevant subject and the two core subjects are Zoology and Botany and both were considered eligible to participate in the selection process and as regards further micro classification of subject Biology like Micro Biology and Bio- Technology are concerned, it might be related to the extended zone of subject Biology but these being micro subjects classifying in the curriculum which has been prescribed by the Universities at the later point of time, at-least cannot be considered as the core subject of Biology which is the requirement under the scheme of Rules and that is being considered by the Government for of School Lecturer (Biology) under the Rules of 1970 evident from its letter dated 22.11.2012. The further submission made that against promotion quota of School Lecturer (Biology), Teacher with M.Sc. Micro Biology/Bio-Technology can be considered for promotion is without substance for the reason that the post of Teacher Gr.II (Science) included in the Schedule appended to Rules 1971, all science subjects the rule making authority considered in its wisdom to hold eligible but it has no co-relationship with the condition of eligibility for direct recruitment
(7 of 7 ) to the post of School Lecturer (Biology) included in the Schedule appended to the Rules 1970 and it is open to be filled according to the condition of eligibility under the respective scheme of Rules 1970/1971, as laid down by the rule making authority. The learned Single Judge also considered the issue 8 raised for our consideration in detail and repelled the contentions advanced by the appellants under its order impugned dated 28.1.2016. After we have considered the submissions of the learned counsel for the parties and having gone through order of the learned Single Judge, we do not find any error being committed calling for our interference. Consequently, both the appeals being devoid of merits, are accordingly dismissed. It is submitted by the learned counsel for the appellant that against this decision of the Division Bench, the SLP has been preferred before the Supreme Court which is pending. In that view of the matter, both the appeals are disposed of in terms of the above referred decision dated 19.08.2016. However, it is made clear that the parties will be governed by the decision of the Supreme Court in the matter referred above. Application No 17401/2016 is also disposed of. A copy of this order be placed in each of the file. (DINESH MEHTA)J. (K.S. JHAVERI)J. bblm