Rajasthan High Court - Jodhpur
Dilbag Singh vs State And Ors on 5 October, 2021
Bench: Arun Bhansali
(1 of 2) [CW-723/2016]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 723/2016
Dilbag Singh S/o Sh. Gordhan Das, aged about 50 years,
resident of village Dewawas, PS Isharwal, Tehsil Tosham, District
Bhilwani.
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Department of
Education, Govt. of Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. Rajasthan Public Service Commission, Ajmer through its
Secretary.
----Respondent
For Petitioner(s) : Mr. Sushil Bishnoi.
For Respondent(s) : Mr. S.S. Choudhary for
Mr. Hanuman Singh Choudhary.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
05/10/2021
Learned counsel for the parties submit that the issue raised
in the present writ petition is squarely covered by judgment in
Rukma Devi v. State of Rajasthan & Ors.:S.B. Civil Writ Petition
No.15245/2018, decided on 22.10.2018, which judgment in turn
had followed Komal Purohit v. State of Rajasthan & Ors.: S.B. Civil
Writ Petition No.13707/2018, decided on 12.10.2018 and,
therefore, the present writ petition may also be decided in light of
and with similar directions as given in the case of Rukma Devi
(supra).
In the case of Rukma Devi (supra), this Court after referring
to judgment in the case of Jyoti K.K. & Ors. v. Kerala Public
(2 of 2) [CW-723/2016]
Service Commission & Ors.: (2010) 15 SCC 596, observed and
directed as under:-
"The judgment in the case of Komal Purohit
(supra) dealt with cases of candidates, who had
subject English as compulsory subject at the
Graduation Level and the requirement under the
Rules was that of subject English as optional at the
Graduation level and in the present case the matter
pertains to subject Hindi. However, the principles as
laid down in the case of Komal Purohit (supra) would
apply with all force to the present case as well.
Consequently, the action of the respondents in
cancelling the candidature of the petitioner on
account of alleged ineligibility cannot be sustained.
In view of the above discussion, the writ
petition filed by the petitioner is allowed. The
respondents are directed to treat the petitioner, who
has done her Graduation with subject Hindi as
compulsory subject, as eligible for Teacher Gr.-III,
Level-II for subject Hindi and deal with her
candidature pursuant to the advertisement dated
31.07.2018 appropriately and as she stands in merit,
grant her appointment in accordance with her merit.
Needful may be done by the respondents within
a period of three weeks."
In view of the above, the writ petition filed by the petitioner
is disposed of with similar directions as given in the case of Rukma
Devi (supra).
The stay application also stands disposed of.
(ARUN BHANSALI),J
193-Sumit/-
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