Rajasthan High Court - Jodhpur
Sanwarmal vs State Of Rajasthan on 15 February, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2191/2022
1. Sanwarmal S/o Chhagan Lal, aged about 21 Years, R/o
Ward No. 07 Chak 15 KLD, Anandgarh, Tehsil Khajuwala,
District Bikaner (Raj.).
2. Girdhari Lal Saini S/o Kishor Saini, aged about 25 Years,
R/o Ward No. 15, Gangaram Wali Dhani, Hanuman Nagar
Chaukri, Sikar (Raj.).
----Petitioners
Versus
1. State of Rajasthan through Principal Secretary Rural
Development and Panchayati Raj Department,
Government of Rajasthan Secretariat, Jaipur.
2. Principal Secretary, Education Department (Elementary)
Government of Rajasthan Secretariat, Jaipur.
3. The Director, Elementary Education Rajasthan Bikaner.
4. National Council for Teacher Education, Hans Bhawan,
Wing No. 2, 1 Bahadur Shah Zafar Marg, New Delhi
110002, Through Its Secretary.
----Respondents
For Petitioner(s) : Mr. Sushil Bishnoi.
For Respondent(s) : Mr. Pankaj Sharma, AAG with
Mr. Deepak Chandak.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
15/02/2022
Heard learned counsel for the parties.
It is submitted by the counsel for the petitioners that the
advertisement dated 31.12.2021 (Annex.2) has been issued for
recruitment on the post of Teacher Grade-III Level-2 for classes 1 st
to 5th. The posts are for General Education as well as Special
Education.
Submissions have been made that though the petitioners are
eligible for applying for the post of General Teacher as well as
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Special Teacher, however the respondents have not provided for
any mechanism in the online form in this regard, inasmuch as the
provision indicated in the advertisement is that in case two
applications are filed by the same candidate, the first application
shall stand rejected.
Submissions have been made that the petitioners have
Diploma in Education (Special Education) and in terms of the
NCTE Notification dated 23.08.2010, as amended on 29.07.2011,
the petitioners are eligible for both, General Education and Special
Education, however, the respondents have confined the candidates
like the petitioners for Special Teachers only, which is not justified.
Submissions have also been made that the issue raised is squarely
covered by the orders in Harsh Kumar & Anr. vs. State of U.P. &
Ors. : Special Appeal No.130/2014 decided on 05.02.2014 by the
Allahabad High Court and in Sarthak Ghosh & Ors. vs. The State
of West Bengal : WP 448 (W) of 2017 decided on 01.03.2017 by
the Calcutta High Court. Submissions have also been made that
the counsel appearing for NCTE made a specific submission before
the Hon'ble Supreme Court in SLP arising from the judgment of
Allahabad High Court that the judgment rendered by the High
Court was correct and that the same was in consonance with the
regulations framed by the NCTE.
Submissions have also been made that Bench at Jaipur in
SBCWP No.647/2022 : Mahipal Singh Kheechak & Ors. vs. State of
Rajatshan & Ors. on 09.02.2022 has granted interim order in
similar case.
A reply to the petition has been filed by the State, inter-alia,
contesting the submissions made in this regard and also claiming
that those who have done their Diploma in Special Education can
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only apply for Special Teachers and not for General Teachers.
Submissions have also been made that in case the plea is
accepted, the same would make the candidates who have Diploma
in Elementary Education eligible for Special Teachers as well,
which argument cannot be accepted. Further submissions have
been made that the State has all along taking the same stand,
inasmuch as in the Recruitment-2018, a special category in this
regard was indicated, however, the said aspect has been done
away in the present recruitment.
In view of submissions made, the matter requires
consideration.
Issue notice. As Mr. Pankaj Sharma, learned Additional
Advocate General has already appeared for respondents No.1 to 3,
no need to issue notice to them.
Let notice be issued to respondent No.4- NCTE. A copy of the
petition may be served on Mr. Vivek Shrimali, Advocate who may
complete his instructions in the matter/file reply.
In the meanwhile, the petitioners may file requisite online
applications for the post of General Teachers as well, however, the
respondents are directed not to reject their applications, both for
General Teachers and Special Teachers, only for the reason that
the petitioners cannot apply for General Teacher. The applications
of the petitioners for the post General Teacher shall remain
subject to the final outcome of the petition.
Additional reply, if any, may also be filed by the respondents.
List the petition after three weeks.
(ARUN BHANSALI),J
123-DJ/-
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