Om Prakash Paliwal vs State Of Rajasthan
2021 Latest Caselaw 13148 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11437/2021

1. Om Prakash Paliwal S/o Dharam Narayan Paliwal, Aged About 44 Years, Village Chhapar Khedi, Post Tasol Via Kelwa, District Rajsamand.

2. Vishnu Kumar Vaishnav S/o Sohan Lal Vaishnav, Aged About 51 Years, Hansmukh Bhawan, Hirno Ka Mohalla, Amet, District Rajsamand.

----Petitioners Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Jaipur.

2. The Director, Department Of Elementary Education Bikaner.

3. District Education Officer, Elementary Education, Rajsamand.

                                                                   ----Respondents


For Petitioner(s)         :     Ms. Anjali Gopa
For Respondent(s)         :



                     JUSTICE DINESH MEHTA

                                 Judgment

26/08/2021

1. By way of present writ petition, the petitioners have

challenged the order dated 24.2.2014 (Annex.6) whereby

petitioners' candidature has been rejected by the

respondents, inter alia, observing that the petitioners do not

have requisite educational qualifications.

2. Ms. Gopa, learned counsel for the petitioners submits that

at the time of furnishing application form, the petitioners had

not cleared B.Ed. as they had got supplementary, however

(2 of 2) [CW-11437/2021]

they have cleared the same later on, and thus, they should

be considered to be eligible candidates.

3. Heard

4. The present petition suffers from delay and laches. That

apart, there is no force and substance in petitioners'

contention.

5. Admittedly, on the date of consideration, the petitioners were

not having B.Ed. degree. At the time of preparation of the

result of the recruitment process, the petitioners got

supplementary in B.Ed. (Second Year). Petitioners could

clear the same admittedly after the selection process was

over.

6. In view of the aforesaid, there is no manner of doubt that on

the date of consideration of petitioners' candidature, they did

not have requisite educational qualification.

7. The writ petition is thus, dismissed not only on the ground of

delay but also on the merit.

8. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

128-CPGoyal/-

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