Rajasthan High Court - Jodhpur
Naresh Chandra Patel vs The State Of Rajasthan on 23 February, 2021
Bench: Dinesh Mehta
(1 of 3) [CW-279/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 279/2021
Naresh Chandra Patel S/o Dungar Singh Patel, Aged About 33
Years, R/o V.p.o. Etauva, Via Barodiya, Teh. Bagidora, Banswara.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Rural And Panchayati Raj , Government Of
Rajasthan, Secretariat, Jaipur.
2. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Secretariat, Jaipur.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The Chief Executive Officer, Zila Parishad, Banswara.
5. District Education Officer, Elementary Education,
Banswara.
----Respondents
For Petitioner(s) : Mr. Dinesh Kumar Ojha
For Respondent(s) : Mr. Kailash Choudhary
JUSTICE DINESH MEHTA
Judgment
23/02/2021
1. The facts relevant for the present purposes are that the
petitioner applied for the post of Teacher Grade-III, Level-I in the
Teachers' Recruitment-2018 and claimed his eligibility on the basis
of qualification of 12th and BSTC.
2. Since the petitioner had not secured 45% marks in the
Senior Secondary, his candidature was rejected in the light of
relevant notification issued by the NCTE.
3. Now petitioner has preferred the present writ petition with
an assertion that he had already acquired degree of Graduation in
(2 of 3) [CW-279/2021]
the year 2015, obviously prior to submitting of the application
form, but due to inadvertence did not enclose those doucments,
hence, a direction be issued to the respondents to consider his
candidature for the post of Teacher Grade-III, Level-I.
4. Learned counsel appearing for the petitioner placed reliance
upon the judgment dated 29.8.2018 rendered in the case of
Neeraj Kumar Patidar Vs. State of Rajasthan & Ors. (SBCWP
No.10749/2018) to buttress his arguments.
5. Mr. Choudhary, learned counsel appearing for the
respondents submitted that in the relevant clause of the
application form, the petitioner had reflected only Senior
Secondary and not Graduation and thus, respondents were
justified in rejecting his candidature. According to him,the
petitioner has approached this Court belatedly and no relief can be
granted to him, at this stage.
6. In rejoinder, Mr. Ojha, learned counsel for the petitioner
submitted that the petitioner is a resident of TSP area and had
applied for recruitment in TSP area, where many posts have
remained unfilled and if the respondents are directed to consider
petitioner's candidature on the basis of his graduation, no
prejudice will be caused to any other person.
7. Having regard to the facts and circumstances of the case and
considering the fact that the posts are still lying vacant and that
the petitioner had acquired the degree of graduation much prior to
submitting the application form, his inadvertence or omission
deserves to be ignored/excused, particularly when the process of
recruitment is still underway.
8. Hence, the writ petition is allowed. The petitioner is
directed to approach the respondent no.3 on 15.3.2021 alongwith
(3 of 3) [CW-279/2021]
the certified copy of the order instant and relevant credentials
including the original mark-sheet of his graduation. The
respondent no.3 - Director or his nominee shall verify petitioner's
document and if the same are found in order and petitioner is
otherwise eligible, he shall be accorded appointment within a
period of two months from today.
9. In a bid to ensure that the petitioner does not get undue
advantage of his own error (firstly not mentioning his complete
educational qualification and then approaching the Court
belatedly) and to balance the equity, it is hereby ordered that the
petitioner shall not be entitled for any benefits, notional or
otherwise, for the period prior to the date of joining the services.
In case, appointment order is not issued by 30 th April, 2021 his
date of appointment shall be considered as 1st May, 2021.
10. No order as to costs.
11. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
81-CPGoyal/-
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