Rajasthan High Court
Dharmendra Tabiyar Son Of Shri ... vs State Of Rajasthan on 9 February, 2021
Bench: Indrajit Mahanty, Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 924/2020
IN
S.B. Civil Writ Petition No.13743/2020
1. Dharmendra Tabiyar Son Of Shri Havji Tabiyar, Aged About 26
Years, Resident of Village And Post Arthuna, Tehsil Garhi,
District Banswara (Raj.)
2. Vinod Kumar Son of Shri Mohan Lal Khatija, Aged About 26
Years, Resident Of Village Hadmatiya, Post Navaghara, Tehsil
Gadi, District Banswara (Raj.)
3. Rakesh Chandra Son Of Shri Laxman Lal, Aged About 26
Years, Resident of Village And Post Koivavnavaghara, Tehsil
Gadi, District Banswara (Raj.)
4. Mukesh Kumar Meena Son of Shri Limbaram Meena, Aged
About 27 Years, Resident of Village And Post Masaroki Oberi,
Tehsil Rishabhdev, District Udaipur (Raj.)
5. Ashok Dindor Son of Shri Prabhu Dindor, Aged About 27 Years,
Resident Of Village And Post Rohida, Tehsil Gadi, District
Banswara (Raj.)
6. Sudarshan Meena Son of Shri Amrati Lal Meena, Aged About
26 Years, Resident of Village Gumanpura, Post Dhelana, Tehsil
Rishabhdev, District Udaipur (Raj.)
----Appellants
Versus
1. State of Rajasthan, through its Principal Secretary, Education
Department, Govt. Secretariat, Jaipur (Raj.)
2. Rajasthan Public Service Commission, through its Secretary,
Ajmer (Raj.)
3. Director, Secondary Education, Rajasthan Bikaner (Raj.)
----Respondents
For Appellant(s) : Mr. Arvind Kumar Arora
Ms. Komal Kumari Giri
For Respondent(s) :
(2 of 2) [SAW-924/2020]
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Judgment
09/02/2021
1. This Special Appeal Writ has been filed against the order dated
23.11.2020 passed in S.B. Civil Writ Petition No.13743/2020;
Dharmendra Tabiyar & Ors. vs. State of Rajasthan & Ors., vide which
the petition of the appellants to declare them qualified for the selection
on the post of Teacher Grade-II under the advertisement dated
13.07.2016 has been dismissed.
2. Heard learned counsel for the appellants and perused the material
made available on record.
3. Learned counsel for the appellants submit that all the appellants
participated in the B.Ed examination well before the date of conducting
the examination for selection of Teacher Grade-II but their result was
declared thereafter, still they have not been considered for selection.
Learned Single Judge has erred in dismissing their petition. The appeal
deserves to be allowed.
4. Undisputedly, the result of B.Ed examination of all the appellants
was declared on 26.07.2017, after the date on which the examination
was conducted and thus, admittedly they were not possessing the
minimum required qualification as on the date of examination and
therefore, the appellants are not entitled to be considered for selection.
5. In that view of the matter, we find no reason to interfere in the
impugned order.
6. Accordingly, the appeal is dismissed.
(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ
Simple Kumawat /63
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