Radha Kishan Bishnoi vs State Of Rajasthan
2022 Latest Caselaw 5363 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 4788/2022

Radha Kishan Bishnoi S/o Shri Shairam Bhadhu, aged about 36 Years, R/o Village- Mankasar, Tehsil- Kolayat, District- Bikaner, Rajasthan.

----Petitioner Versus

1. State of Rajasthan through yhe Secretary, Rural Development and Panchayati Raj Department, Government of Rajasthan, Secretariat, Jaipur.

2. Director Elementary Education, Bikaner, Rajasthan.

3. Chief Executive Officer Zila Parishad, Bikaner.

4. District Education Officer (Elementary), Bikaner.

                                                                    ----Respondents


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

The application (1/2022) preferred on behalf of petitioner for

early listing is allowed.

The matter is taken for admission.

It is submitted by learned counsel for the petitioner 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.9), which judgment

has been upheld by the Division Bench (Annex.10).

(2 of 2) [CW-4788/2022]

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 petitioner, 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.

In the meanwhile, the respondents are directed to consider

the candidature of the petitioner 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

petitioner ultimately fall in merit, while they may not be accorded

appointment, the seats will be kept vacant to the extent the

petitioner is 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 205-DJ/-

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