State And Ors vs Prerana Suhalka
2021 Latest Caselaw 10996 Raj

Citation : 2021 Latest Caselaw 10996 Raj
Judgement Date : 16 July, 2021

Rajasthan High Court - Jodhpur

State And Ors vs Prerana Suhalka on 16 July, 2021

Bench: Sabina, Vinit Kumar Mathur

(1 of 4) [SAW-279/2016]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 279/2016

S.B. Civil Writ Petition No. 3277/2015

1. State Of Rajasthan Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.

2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur.

3. Zila Parishad Through Chief Executive Officer, Udaipur

4. The District Establishment Committee through its Chairman, Zila Parishad, Udaipur.

----Appellants Versus

Prerana Suhalka D/o Shri Inder Lal, R/o 39, Parshwanath Colony, Savina, Tehsil-Girwa, District-Udaipur.

----Respondents Connected With D.B. Spl. Appl. Writ No. 580/2015 in

S.B. Civil Writ Petition No. 2217/2015

1. State of Rajasthan through the Deputy Commissioner (Training), Rural Development and Panchayati Raj Department, Government of Rajaswthan, Jaipur.

2. Zila Parishad, Udaipur through its Chief Executive Officer, Udaipur.

----Appellant Versus Rakesh Meena Son of Shri Devi Lal Meena, resident of Village Post Parel, Tehsil Rishabhdev, District Udaipur.

                                                                     ----Respondent





                                             (2 of 4)                     [SAW-279/2016]




For Appellant(s)            :     Mr. Sunil Beniwal, Additional Advocate
                                  General
For Respondent(s)           :     Mr. Amba Lal, Advocate
                                  Ms. Anjali Gopa, Advocate



                HON'BLE MRS. JUSTICE SABINA

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

16/07/2021

Vide this order, above mentioned two appeals would be

disposed of as both the appeals have arisen out of the same

recruitment process.

We have heard learned State Counsel as well as learned

counsel for the respondents and have gone through the record

available on the file carefully.

The respondents had applied for the post of Teacher Grade

III in pursuance to the advertisement issued by the appellants in

the year 2013. Candidature of the respondents were rejected on

the ground that they had not mentioned correct category in their

application forms. Aggrieved against the rejection of their

candidature, the respondents approached this Court by filing

separate writ petitions.

So far as the writ petition filed by the respondent Prerana

Suhalka is concerned, the same was disposed of by the learned

Single Judge vide order dated 03.04.2015 placing reliance on the

decision given in S.B. Civil Writ Petition No. 2909/2015

(Pappulal Mali vs. State of Rajasthan & Others) decided on

27.03.2015. So far as the writ petition filed by Rakesh Meena is

concerned, the same was allowed by the learned Single Judge vide

order dated 04.03.2015 placing reliance on decision given by the

(3 of 4) [SAW-279/2016]

Division Bench in D.B. Civil Special Appeal (Writ) No.

875/2012 titled as State of Rajasthan & Another vs. Datar

Singh decided on 31.7.2013 along with other connected

matters.

Learned counsel for the respondents has pointed out that

appeal filed by the State against the order passed in Pappu Lal

Mali's case has been rejected vide order dated 26.05.2016 in D.B.

Civil Special Appeal (Writ) No. 375/2016. The order dated

26.05.2016 reads as under :-

"The learned Single Bench allowed the writ petition in terms of law laid down by Division Bench of this Court in D.B.Special Appeal (Writ) No.875/2012 (State of Rajasthan & Anr.Vs. Datar Singh) decided on 31.7.2013.

The submission of learned counsel appearing on behalf of appellant is that the law laid down by this Court in the case referred above is having no application in the instant matter. In view of the fact that whatever has been held in the case of Datar Singh (supra) that was relating to peculiar facts and circumstances of the case and also looking to the fact that online process of filing application forms was introduced at the first instance in the year 2012. The Court was much impressed with the fact that certain deficiencies may be there in the system and further that the present persons belonging to rural areas may not be adequately acquaintance with the online system. The position now has entirely been changed and every person is acquaintance with computer and its online use. It is further submitted that computer education is compulsory for each and every student in the State of Rajasthan as such the reason given in the case of Datar Singh (supra) are not much relevance in this case.

True it is that the case of Datar Singh was decided by taking into consideration the fact that in the year 2012, online process was first time introduced and now position has been changed and whatever stated by the appellant in the instant matter is not applicable. It is further relevant to note that similar appeals have already been dismissed by the Division Bench of this Court including D.B. Civil Special No.621/2015 -State of Rajasthan & anr.Vs. Kajal Kumari.