Rajasthan High Court
Manisha Arya D/O Shri ... vs State Of Rajasthan on 5 May, 2022
Bench: Manindra Mohan Shrivastava, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Review Petition (Writ) No. 24/2022
Manisha Arya D/o Shri Bhagwaddayal, Aged About 26 Years, R/o
Village Jahanpuri Tehsil Kotkasim, District Alwar
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Education Department, Rajasthan, Government
Secretariat, Jaipur.
2. Rajasthan Public Service Commission, Ajmer Through
Secretary.
3. Mahatma Jyotiba Phule Rohil Khand University, Bareily
(Uttar Pradesh) Through Registrar.
----Respondents
For Petitioner(s) : Mr. Deepak Gautam on behalf of
Mr. Ved Pal Shastri
For Respondent(s) :
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
05/05/2022
The applicant-appellant-petitioner (hereafter `the applicant')
has filed this application under Section 114 read with Order 47
CPC for review of the order dated 17-2-2022 passed in DB Special
Appeal Writ No.201/2021 and other connected two appeals,
whereby and whereunder special appeals were dismissed and the
order dated 12-2-2021 passed by learned Single Judge in SB Civil
Writ Petition No.1680/2021 and connected two writ petitions,
dismissing the writ petitions was affirmed.
2. In fact the applicant has tried to make out a case that her
qualification of M.A. (Sanskrit) be treated equivalent to Acharya
(Sahitya/ General Vyakaran) so as to holding her eligible for
(2 of 3) [WRW-24/2022]
appointment on the post of Lecturer (Sanskrit) in Vyakaran/
Sahitya. The recruiting authority Rajasthan Public Service
Commission (RPSC) declined to consider the candidature of
applicant for the reason that M.A. (Sanskrit) cannot be treated as
equivalent to degree of Acharya (Sahitya/ General Vyakaran).
Learned Single Judge dismissed the writ petition vide order dated
12-2-2021 with the finding that applicant did not obtain degree of
M.A. (Sanskrit) in Sanskrit medium, therefore, her degree cannot
be treated as equivalent to the degree of Acharya (Sahitya/
General Vyakaran).
3. The order passed by learned Single Judge dismissing writ
petition was challenged by the applicant by way of Special Appeal
(Writ) 201/2021. While considering appeals on merits, this court
observed that applicant's degree of M.A. (Sanskrit) cannot be
treated as equivalent to Acharya (Sahitya/ General Vyakaran). It
was pointed out by counsel for the Government that syllabus of
Acharya (Sahitya/ General Vyakaran) is different from the syllabus
of M.A. (Sanskrit). It was pointed out that examination of M.A.
(Sanskrit) are required to be held only 20% in Sanskrit medium
and rest in other medium. On such consideration and placing
reliance on judgment of the Apex Court in Secretary Board of
Basic Education UP Vs. Rajendra Singh [(2009)17 SCC 452]
this court dismissed appeal vide order dated 17-2-2022 holding
that equivalence of degrees can be properly considered by the
appointing authority and the court should not interfere in such
exercise.
4. The applicant by way of filing this review petition has raised
the similar issue seeking equivalence of her M.A. (Sanskrit) degree
(3 of 3) [WRW-24/2022]
to Acharya (Sahitya/ General Vyakaran) alleging inter alia that she
obtained degree of M.A. (Sanskrit) in Sanskrit medium. Once this
court while dismissing appeals vide order dated 17-2-2022 has
observed that the issue of equivalence of degree can properly be
considered by the appointing authority, there is no scope for
reviewing the order dated 17-2-2022 on the alleged grounds
mentioned in the review petition.
5. There is no error apparent on the face of record, hence, we
do not find any reason to review the order dated 17-2-2022.
Accordingly, the review petition is devoid of merits and same is
hereby dismissed.
(SUDESH BANSAL),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Arn/4
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