Anil Nath And Ors vs State And Ors
2021 Latest Caselaw 18752 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8330/2018

1. Anil Nath S/o Shri Ram Nath Yogi, R/o Gogamedi, Jogiyasan Basti, Lunkaransar, Bikaner.

2. Ravindra Kumar Nagar S/o Puran Mal Nagar, R/o In Front Of Govt. School Sahpura, Baran Raj..

3. Surendra Kumar Meena S/o Gopal Lal Meena, R/o Leelada, Dokun Bundi Raj..

4. Ganesh Choudhary S/o Hanuman Sahay Choudhary, R/o Village Takron Ki Dhani Shardalpura, Distt. Jaipur.

5. Brahma Nand Meghwal S/o Ramswaroop Meghwal, R/o 55 Meghwal Basti Akhed, Rajwas, Distt. Bundi.

6. Vinod Kumar Mehra S/o Kialash Mehra, R/o Jaanbaj Ka Bandha Distt. Tonk Raj..

7. Ravindra Kumar S/o Murari Lal, R/o Udpura, Tehsil Mangrol Distt. Baran Raj..

8. Bihari Rathore S/o Dhanna Lal, R/o Magal, Distt. Bundi

9. Manoj Rai Verma S/o Prahlad Rai Verma, R/o 3-F-17, Mahaveer Nagar Extn., Dadabari, Distt. Kota.

10. Jagdish Nagar S/o Premnarayan, R/o Rangpuriya Keshavari Patan, Chitawa, Bundi Raj..

11. Hemant Kumar Meena S/o Kishori Lal Mena, R/o Baran Raj..

12. Dharmraj Saini S/o Ram Lal Saini, R/o Satti Ka Bagh, Atta Seeswali, Dist. Baran Raj..

13. Jagdish Prasad Bugaliya S/o Bansi Lal Vaya Jahota, Tehsil Amer Distt. Jaipur Raj..

14. Mukesh Kumar S/o Ram Dayal Saini, R/o Aarniya Distt.

Sikar.

15. Kirodee Lal Meena S/o Jagdish Meena, R/o Village Bhookha Sawai Madhopur Raj..

16. Suresh Kumar Meena S/o Kainayalal, R/o Gram Chanda Ki Jhopadi, Bada Gaon Sarwar Distt. Sawai Madhopur.

----Petitioners Versus

1. State Of Rajasthan Through The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

3. The Director, Secondary Education, Bikaner, Rajasthan.

                                                 ----Respondents


For Petitioner(s)        :
For Respondent(s)        :     Mr. Mahesh Tanvi.


           HON'BLE MR. JUSTICE ARUN BHANSALI



                                          (2 of 3)                   [CW-8330/2018]

                                    Order

09/12/2021

On being mentioned by learned counsel for the respondents,

the matter is taken up for consideration.

The writ petition has been filed by the petitioners seeking

grant of relaxation in eligibility norms as prescribed under NCTE

Regulations notified on 16.12.2014 for appointment on the post of

Lecturer (School Education) in Agriculture subject pursuant to the

advertisement dated 13.04.2018 while considering the

qualification of post graduate degree to the eligibility qualification.

By interim order dated 15.06.2018, it was directed that the

petitioners shall be provisionally allowed to appear in the selection

process conducted by the respondents in pursuance to the

advertisement dated 13.04.2018 for appointment on the post of

Lecturer (School Education) in agriculture subject.

Learned counsel appearing for the RPSC made submissions

that similar nature writ petitions have been rejected by this Court

in Dinesh Jakhar & Ors. v. State of Rajasthan: S.B. Civil Writ

Petition No.7496/2018, decided on 24.01.2019 and that

whereafter, when similarly situated candidates challenged the

validity of Rule 11 of the Rajasthan Educational Service Rules,

1970 and Rule 17 of the Rajasthan Educational (State and

Subordinate) Service Rules, 2021, which are identical to each

other, the said challenge also has been negated by the Division

Bench in Rajiv Parihar & Ors. v. State of Rajsthan & Ors.: D.B.

Civil Writ Petition No.8204/2020 decided on 21.10.2021 and,

therefore, the petition deserves to be dismissed.

(3 of 3) [CW-8330/2018]

Further submissions have been made that on account of

passing of the interim order by the Court, the recruitment is

pending finalization.

The petition has been filed by the petitioners in person and

on 15.06.2018, when the interim order was granted, Ravindra

Kumar Nagar - petitioner No.2 was present in person, whereafter,

it appears that the petitioners have lost interest in the petition,

inasmuch as, requisite notices have not been filed by the

respondents ever since and on 22.11.2021, none was present and

again on 02.12.2021, none was present.

While granting the interim order, the petition was directed to

be connected with 6554/2018, which writ petition also was

dismissed alongwith the bunch, wherein, the case of Dinesh

Jakhar (supra) was dismissed.

In view of the submissions made by learned counsel

appearing for the RPSC following the judgment in the case of

Dinesh Jakhar (supra) and Rajiv Parihar (supra), wherein, similar

nature writ petitions have been dismissed /vires of the relevant

provision has been upheld. The present writ petition is also

dismissed.

(ARUN BHANSALI),J

181-pradeep/-

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