Rajasthan High Court: The petitioner challenged the rejection of her candidature by the respondents for appointment to the post of Teacher Grade–III, Level–I on the ground that the petitioner had obtained Basic School Teacher Certificate (BSTC) subsequent to clearing Rajasthan Teachers’ Eligibility Test (RTET).
The brief facts of this case are that the petitioner applied for appointment to the post of Teacher Grade-III, Level–I pursuant to the advertisement dated 06.07.2016 issued by the respondents. The petitioner was declared successful and was called for document verification. During the document verification her candidature was rejected by the respondents observing that the petitioner completed her Basic School Teacher Certificate (BSTC) Course on 12.05.2012, whereas she had cleared Rajasthan Teachers’ Eligibility Test (RTET) on 28.02.2011.
Learned counsel for the petitioner contended that the same is ex-facie illegal and against the condition of the advertisement itself. He thereafter invited attention of this Court towards the circular dated 23.03.2011 issued by the State Government whereby it has been clarified that the candidates who have got themselves enrolled for Rajasthan Teachers’ Eligibility Test (RTET) shall be eligible for appointment in wake of the guidelines issued by the NCTE on 11.02.2011. Learned counsel for the respondents supported the stand of the State and submitted that the petitioner’s candidature has been rightly rejected inasmuch as the persons having cleared Rajasthan Teachers’ Eligibility Test (RTET) prior to completion of the Basic School Teacher Certificate Course (BSTC) cannot be said to be fully eligible. According to him completion of Rajasthan Teachers’ Eligibility Test (RTET) before obtaining the Basic School Teacher Certificate (BSTC) is like clearing Graduation before the Senior Secondary.
The Court, holding the rejection of the petitioner’s candidature to be illegal and directing to give suitable appointment to the petitioner, within a period of six weeks, opined that the stand of the respondents is not only illegal but also contrary to the condition of the advertisement and circular dated 23.03.2011 issued by the State Government as a perusal of the condition No. 6.8 of the advertisement, the eligibility condition of RTET examination and so also the circular dated 23.03.2011 issued by the State Government leaves no room for ambiguity that a person can very well clear Rajasthan Teachers’ Eligibility Test (RTET) before completion of his/her Basic School Teacher Certificate (BSTC) Course. [Vijeta Singh Tanwar v. The State of Rajasthan Through its Secretary, 2017 SCC OnLine Raj 2567, decided on 1.9.2017]
