Arti Sharma D/O Babu Lal Sharma vs The State Of Rajasthan
2021 Latest Caselaw 3229 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 644/2021

Arti Sharma D/o Babu Lal Sharma
                                                                  ----Appellant
                                   Versus
The State Of Rajasthan
                                                                ----Respondent

For Appellant(s) : Mr. Dheeraj Kumar Palia For Respondent(s) :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Order

28/07/2021

Heard learned counsel for the appellant.

Issue notice to the respondents.

Learned counsel for the appellant placed reliance on the

judgment of this Court in S.B. CWP No.7215/2015 and other

connected matters disposed of vide judgment dated 28.01.2016 in

which it was claimed by the appellant that a person similarly

situated with the appellant who obtained M.Sc in Biotechnology

had come before this Court praying for being considered as

equivalent to M.Sc Biology having necessary requisite qualification

for being considered.

Learned counsel asserts that after this Court disposed of this

writ application, he gave a finding to the following effect:-

"........... if it is ultimately found that candidates similarly placed have been given appointment, respondents are directed to consider case of the petitioners without causing discrimination."

(2 of 2) [SAW-644/2021]

He further asserts that petitioners in the said application

were considered to be equivalent and offered employment, but no

such documentary evidence is brought on record.

Accordingly, while issuing notice respondents are called upon

to file affidavit indicating the status of the petitioners in the case

noted hereinabove and as to whether the assertion made by the

present appellant is correct or not.

Further, the appellant brought to our notice a Press Notice

issued by the Department of Education in which it is claimed that

the Government has now accepted M.Sc in Biotechnology

equivalent to M.Sc Biology.

Additionally, a copy of the memo of the appeal be provided

to Mr. C.L. Saini, AAG.

Copy be served on Mr. Amit Lubhaya, learned counsel for the

RPSC also.

As an interim measure, appointment if any, shall be subject

to the outcome of the present appeal.

List on 09.08.2021. Name of Mr. C.L. Sani, AAG and Mr. Amit

Lubhaya be shown in the cause list as counsel for the

respondents.

(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ

N.Gandhi/Rajat-88

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