Sita Ram Saini Vs. State of Rajasthan and Another
EmailAppeal: Civil Appeal No.8677 of 1997
(Arising out of SLP No. 9718 of 1997)
(Arising out of SLP No. 9718 of 1997)
Petitioner: Sita Ram Saini
Respondent: State of Rajasthan and Another
Apeal: Civil Appeal No.8677 of 1997
(Arising out of SLP No. 9718 of 1997)
(Arising out of SLP No. 9718 of 1997)
Judges: G.N.RAY AND G.B.PATTANAIK, JJ.
Date of Judgment: Aug 12, 1997
Head Note:
SERVICE LAWS
Constitution
Articles 14,16 – Appointments – Teacher Grade III – Appointment made on lowest 52.3% marks – Candidate securing lesser marks – Relevant rules permitting calculation of percentage of higher marks in case of more than one exams – Candidate securing 43.63% in Praveshika and 61.60% in Shastri exams – Average coming to 52.6%.Held that candidate be given appointment to the post of Teacher Grade III.
Constitution
Articles 14,16 – Appointments – Teacher Grade III – Appointment made on lowest 52.3% marks – Candidate securing lesser marks – Relevant rules permitting calculation of percentage of higher marks in case of more than one exams – Candidate securing 43.63% in Praveshika and 61.60% in Shastri exams – Average coming to 52.6%.Held that candidate be given appointment to the post of Teacher Grade III.
JUDGEMENT:
ORDER
1.Leave granted.
2.Heard learned counsel for the parties. The appellant was a can-didate for appointment to the post of a Teacher, Grade III(Sansk-rit). He has not been selected by the respondents on the ground that the average marks obtained by him in the qualifying examina-tion was less than 52.3% which was the lowest average on the basis of which appointments had been given. It, however, appears that the appellant has passed Praveshika and also Upadhya exami-nations being equivalent to Higher Secondary and he has also passed the Shastri examination being equivalent to B.Ed.examina-tion. The Note under clause (b) of Rule 6 of the relevant rules indicates that for calculating the percentage of the marks in case of more than one examination passed by a candidate, the percentage of the higher marks obtained in the examination passed by such candidate shall be taken into account. The appellant obtained 36% marks in the Upadhyay examination but in the Pra-veshika examination he obtained 43.63%. Hence, the marks in Pra-veshika examination being higher according to Note under clause (b) of Rule 6, the said higher marks should be taken into account for calculating the percentage. If such higher marks obtained in Praveshika examination being considered along with the marks obtained in Shastri examination being 61.60%, the appellant must be held to have obtained an average of 52.6% marks . Therefore, if the appointments had been given on the basis of lowest average marks of 52.3%, the appellant was entitled to be appointed having secured higher percentage than 52.3%.
3. we, therefore, allow this appeal by setting aside the impugned order passed by the High Court and direct to give the appellant an appointment to the post of Teacher, Grade III in Sanskrit.
4. Let such appointment be given within six weeks from today. The appeal is accordingly disposed of.
1.Leave granted.
2.Heard learned counsel for the parties. The appellant was a can-didate for appointment to the post of a Teacher, Grade III(Sansk-rit). He has not been selected by the respondents on the ground that the average marks obtained by him in the qualifying examina-tion was less than 52.3% which was the lowest average on the basis of which appointments had been given. It, however, appears that the appellant has passed Praveshika and also Upadhya exami-nations being equivalent to Higher Secondary and he has also passed the Shastri examination being equivalent to B.Ed.examina-tion. The Note under clause (b) of Rule 6 of the relevant rules indicates that for calculating the percentage of the marks in case of more than one examination passed by a candidate, the percentage of the higher marks obtained in the examination passed by such candidate shall be taken into account. The appellant obtained 36% marks in the Upadhyay examination but in the Pra-veshika examination he obtained 43.63%. Hence, the marks in Pra-veshika examination being higher according to Note under clause (b) of Rule 6, the said higher marks should be taken into account for calculating the percentage. If such higher marks obtained in Praveshika examination being considered along with the marks obtained in Shastri examination being 61.60%, the appellant must be held to have obtained an average of 52.6% marks . Therefore, if the appointments had been given on the basis of lowest average marks of 52.3%, the appellant was entitled to be appointed having secured higher percentage than 52.3%.
3. we, therefore, allow this appeal by setting aside the impugned order passed by the High Court and direct to give the appellant an appointment to the post of Teacher, Grade III in Sanskrit.
4. Let such appointment be given within six weeks from today. The appeal is accordingly disposed of.
