Tara Chand Meghwal vs State Of Rajasthan
2022 Latest Caselaw 1699 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14119/2018

Tara Chand Meghwal S/o Nanu Ram Meghwal, Aged About 26 Years, Resident Of Village Post Amesar, Tehsil Asind, District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Education Department, Government Of Rajasthan, Jaipur.

2. Director, Elementary Education, Bikaner, Rajasthan.

3. Zila Parishad Bhilwara, Through Its Chief Executive Officer, Bhilwara.

----Respondents

For Petitioner(s) : Mr. Shreyansh Ramdev (through VC). For Respondent(s) : Mr. Pankaj Sharma, AAG (through VC).

HON'BLE MS. JUSTICE REKHA BORANA

Order

03/02/2022

The present writ petition has been filed for a direction to

consider the petitioner for appointment on the post of Teacher

Grade III (Level II) English without insisting for 45% marks in the

graduation, as for the advertisement of REET 2017, 5% relaxation

is given to the reserved class candidates.

A submission has been made by the learned counsel for the

respondents that in view of the judgment passed by the Division

Bench of this Court in D.B. Civil Writ Petition No. 3964/2011 ;

Sushil Sompura & Ors. v. State (Education) & Ors. decided

on 20.05.2011, the State Government proceeded on to introduce

the appropriate changes in the advertisement dated 31.07.2018

(2 of 2) [CW-14119/2018]

(Annex.-5) itself and in terms of Clause 9.3 of the advertisement,

those candidates who had taken admission in the B.Ed. course

after the notification dated 31.08.2009, would be required to

possess 50% marks in graduation or equivalent examination.

It is the contention of the counsel for the respondent that

the petitioner had taken admission in B.Ed. course after

31.08.2009 and therefore, he was required to have 50% marks in

his graduation. He submits that even if the relaxation of 5% is

granted to the petitioner then also he would not be eligible as he

has only 42.66% of marks in graduation.

Learned counsel for the petitioner also admits the fact that

he had taken admission in the B.Ed. Course on 16.12.2014 and

therefore, would not be entitled for the relaxation.

In view of the ratio as laid down in Sushil Sompura's case

(supra) and in view of the observations made above, the present

writ petition being devoid of merit is dismissed.

(REKHA BORANA),J 84-Sachin/-

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