Rakesh Godara vs State Of Rajasthan
2021 Latest Caselaw 12259 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13679/2018

Rakesh Godara S/o Shri Sumer Singh Godara, Aged About 32 Years, By Caste R/o B-4, Het Nagar, Udasar Phanta, Bikaner (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Secretariat, Jaipur (Rajasthan).

2. Director, Elementary Education, Bikaner (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Yash Pal Khileree For Respondent(s) : Mr. Deepak Chandak for Mr. Pankaj Sharma, AAG

JUSTICE DINESH MEHTA

Order

05/08/2021

1. Learned counsel for the petitioner submits the issue involved

in the present matter is squarely covered by the judgment dated

21.08.2018 passed by Jaipur Bench of this Court in the case of

Dharmendra Kumar Bhinchar Vs. State of Rajasthan & Ors. (SB

Civil Writ Petition No.19113/2017), which has been affirmed by

Division Bench of this Court vide its judgment dated 25.03.2021

passed in Pawan Swaroop Gour Vs. State of Rajasthan & Ors (DB

Civil Special Appeal No.1143/2018).

2. In the case of Dharmendra Kumar Bhinchar (supra), the

Coordinate Bench of this Court has held as under :

"35. In the result, the State-respondents are directed to exclude the participating candidates from the select list with degree acquired as "additional" in the

(2 of 2) [CW-13679/2018]

concerned subject. The candidates who are in possession of graduate degree with optional subject of three years Bachelor's degree with English as an optional subject in all the three years, should only be treated as eligible and entitled for appointment to the post of Teacher Grade-III Level-II (English), as per their merit."

3. Mr. Deepak Chandak, associate of Mr. Pankaj Sharma, AAG,

is not in a position to dispute the aforesaid position of facts and

law. He, however, submits that the State is in the process of filing

SLP against the judgment dated 25.03.2021 passed by the

Division Bench in the case of Pawan Swaroop Gour (supra).

4. In view of the above, the writ petition is allowed.

5. The respondents are directed to appoint the petitioner on the

post of Teacher Grade-III Level-II (English).

6. Needful be done within a period of twelve weeks from today.

7. Stay application too stands disposed of.

(DINESH MEHTA),J 117-A.Arora/-

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