NDLI: The State of Rajasthan & Ors. Vs. Trilok Ram

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rajasthan Panchayati Raj Rules Proviso to r.266(3) Substitution of the provision 1996 Interpretation of Statutes
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Rajasthan Panchayati Raj Rules, 1996 – Proviso to r.266(3) – Appellant-State issued advertisement in 2013 for recruiting Teachers Grade III (Level I and II) in the various Zila Parishads – Applicants were to fulfil the requisite educational qualifications as on the last date of the submission of the application form – Respondent was undergoing the B.S.T.C. Course, an essential qualification, however appeared on the basis of order passed by the High Court – Thereafter, he completed his B.S.T.C. second year course – Select list was declared– Though the respondent secured more marks than the cut-off, his name was not found in the Select List – Writ petition filed by the respondent relying on the proviso to r.266(3) (which if not available, the respondent would not be eligible on the last date for filing application, as he had admittedly not passed the B.S.T.C. Course on that date) for quashing the list and direction to appoint the respondent to the post of Teacher Grade III (Level I) with all consequential benefits – Dismissed– Division Bench allowed the writ petition holding that the proviso to r.266(3) remained intact despite the substitution of r.266(3) by Notification dtd. 11.5.11 – On appeal, held: Proviso was introduced for the first time on 1.7.04 – By virtue of the amendment dtd. 28.6.06, the qualifications in clause (3) of r.266 came to be changed and new qualifications came to be introduced – Fact that the proviso had ceased to exist as a result of the said substitution is unambiguously demonstrated by the fact that the rule making authority issued notification dtd. 29.11.06, by again inserting the proviso to r.266(3) – Thereafter again on 11.5.11, r.266(3) came to be substituted – Qualifications as stipulated by National Council for Teachers Education (NCTE) were inserted – Thus, r.266 (3) as was brought into life by the amending Act dtd. 28.6.06 continued to hold the field till it suffered substitution by notification dtd. 11.5.11 – Admittedly after 11.5.11, the proviso has not been brought back to life – Notification dtd. 29.11.06 bringing the proviso back to life after the substitution of clause (3) to r.266 in 2006 was not brought to the notice of the High Court– Further, the circular dtd. 29.2.12, replacing the requirement of the candidate possessing qualifications as on the last date, stipulated in the advertisement with the provisions of the proviso (though the proviso was not actually there), cannot be pressed into service by the respondent as the advertisement concerned in the present case is of the year 2013– Impugned judgment set aside – Right of Children to Free and Compulsory Education Act, 2009 – s.23 – Rajasthan Panchayati Raj (Fourth Amendment) Rules 2004 – Interpretation of Statutes. Interpretation of Statutes– Substitution of the provision – Effect of– Held: An amendment bringing about substitution of a provision essentially does two things, in the first place, the provision which is substituted undergoes a repeal and at the same time, there is a re-enactment through the newly inserted provisions.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 1026
Petitioner	The State Of Rajasthan & Ors.
Respondent	Trilok Ram
SCR	[2019] 12 S.C.R. 373
Judgement Date	2019-09-12
Case Number	7215

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