Rajasthan High Court - Jodhpur
Mohar Singh vs State Of Rajasthan on 11 April, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 4678/2022
1. Mohar Singh S/o Shri Pooran Ram, aged about 41 Years,
R/o Vill. Khodra Post Meghana, Tehsil Nohar, District
Hanumangarh, Rajasthan.
2. Chetan Sharma S/o Shri Chiranji Lal Sharma, aged about
35 Years, R/o Ward No. 01 VPO Bhanai, Tehsil Bhadra,
District Hanumangarh, Rajasthan.
3. Pradeep S/o Shri Krishan Chandra, aged about 36 Years,
R/o Vill. Bhojasar Post Bhojasar, Tehsil Bhadra, District
Hanumangarh, Rajasthan.
4. Ravi Kant Yadav S/o Shri Rajender Singh Yadav, aged
about 40 Years, R/o Ward No. 44 Near Police Chowki
Sureshiya, District Hanumangarh, Rajasthan.
5. Sunil Kumar S/o Shri Rajpal, aged about 42 Years, R/o
VPO Sherda, Tehsil Bhadra, District Hanumangarh,
Rajasthan.
6. Ranveer Singh S/o Shri Iqbal Singh, aged about 40 Years,
R/o Amar Colony, Chak 35 Str, Ward No. 3, Nai Mandi,
Gharsana, District Shi Ganganagar, Rajasthan.
7. Suresh Kumar S/o Shri Ram Prakash, aged about 40
Years, R/o VPO Khatlabana, Po Khatlabana, Tehsil Sri
Ganganagar, District Sri Ganganagar, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan through the Secretary, Rural
Development and Panchayati Raj Department,
Government of Rajasthan, Secretariat, Jaipur.
2. Director, Elementary Education, Bikaner, Rajasthan.
3. Chief Executive Officer, Zila Parishad, Hanumangarh.
4. Chief Executive Officer, Zila Parishad, Sri Ganganagar.
5. District Education Officer (Elementary), Hanumangarh.
6. District Education Officer (Elementary), Hanumangarh.
----Respondents
(2 of 3) [CW-4678/2022]
For Petitioner(s) : Mr. M.L. Deora.
For Respondent(s) : Mr. Deepak Chandak on behalf of
Mr. Pankaj Sharma, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
11/04/2022
It is submitted by learned counsel for the petitioners that the
issue as raised in the writ petitions is covered by judgment in
Mahendra Kumar Vishnoi v. State of Rajasthan & Anr. : SBCWP
No.5420/2014, decided on 10.08.2015 (Annex.10), which
judgment has been upheld by the Division Bench (Annex.11).
Learned AAG made submissions that in another judgment,
arising out of appointment under the Sanskrit Education
Department, similar view as in the case of Mahendra Kumar
Vishnoi (supra) was taken, which was upheld by the Division
Bench in State of Rajasthan & Ors. v. Sahi Ram : DBSAW
No.311/2019, decided on 01.08.2019, against which the State has
preferred Special Leave Petition, which is pending consideration
before the Hon'ble Supreme Court and parties have been directed
to maintain status quo.
In the circumstances of the case, wherein two Division Bench
judgments have held in favour of the petitioners, however, the
matter is pending consideration before the Hon'ble Supreme
Court, the matter requires consideration.
Issue notice.
As Mr. Pankaj Sharma, AAG puts in appearance on behalf of
the respondents, no need to issue notice to the respondents.
(3 of 3) [CW-4678/2022]
In the meanwhile, the respondents are directed to consider
the candidature of the petitioners for the post of Teacher Gr.III
(Level-I) by taking their qualification of Diploma in Teaching (JBT)
as a valid qualification for the post in question and in case, the
petitioners ultimately fall in merit, while they may not be
accorded appointment, the seats will be kept vacant to the extent
the petitioners are found within merit / cut-off.
It is expected of the State to get the matter expedited before
the Hon'ble Supreme Court.
The stay applications stand disposed of.
(ARUN BHANSALI),J
232-DJ/-
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