Citation : 2022 Latest Caselaw 5218 Raj
Judgement Date : 7 April, 2022
(1 of 2) [CW-5035/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5035/2022
Kavita Regar D/o Shri Nathulal Regar, Aged About 33 Years, By Caste Regar, Resident Of Regar Mohalla, Rajnagar, Tehsil And District Rajsamand (Rajasthan)
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Directorate Of Elementary Education And Panchayati Raj (Elementary Education), Rajasthan, Bikaner
3. District Education Officer (Headquarter), Elementary Education, Rajsamand
4. Chief Executive Officer, Zila Parishad, Rajsamand
----Respondents
For Petitioner(s) : Mr. Nimba Ram Choudhary. For Respondent(s) : Mr. Kunal Upadhyay for Mr. Sunil Beniwal.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
07/04/2022
Learned counsel for the petitioner submits that the
candidature of the petitioner has been rejected on account of the
fact that he has obtained his eligibility qualification from Singhania
University, Jhunjhunu.
Submissions have been made that this Court in Shanti Lal
Vs. State of Rajasthan: SBCWP No. 9198/2017, decided on
21.02.1998, has inter-alia directed the respondents to consider
the candidature of the petitioner by holding that the said
(2 of 2) [CW-5035/2022]
University cannot be said to be not recognized and, therefore, the
rejection of petitioner's candidature is not justified.
Learned counsel appearing for the respondents made
submissions that the judgment in the case of Shanti Lal was taken
in appeal and in D.B. Civil Special Appeal (Writ) No. 1180/2018
while admitting the appeal, interim order has been granted by the
Division Bench.
In view of the above fact situation, issue notice. A copy of
the writ petition be served on Mr. Sunil Beniwal, AAG, who puts in
appearance on behalf of the respondents, he may complete his
instructions in the matter/file reply.
In the meanwhile and until further orders, the rejection of
petitioner's candidature is stayed and the respondents are directed
to consider the case of the petitioner for appointment to the post
of Teacher Grade III Level I, if found otherwise eligible. However,
if selected, order for appointment shall not be made.
Office is directed to reflect the name of Mr. Sunil Beniwal,
AAG as counsel appearing for the respondents in the cause list.
(ARUN BHANSALI),J 140-sumer/-
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