Ashwani Lamba S/O Virendra Singh vs State Of Rajasthan
2022 Latest Caselaw 4123 Raj/2

             HIGH COURT OF JUDICATURE FOR RAJASTHAN
                         BENCH AT JAIPUR

                       D.B. Review Petition No. 102/2022
                                                 In
                      D.B. Civil Writ Petition No.1572/2022
       1.     Ashwani Lamba S/o Virendra Singh, Aged About 29 Years,
              Resident Of 80, Gangotri Nagar, Triveni Puliya, Gopalpura
              Bypass, Jaipur.
       2.     Arvind Kumar S/o Ramchandra Singh, Aged About 25
              Years, Resident Of V.p.o Poshani Teh. Laxmangarh,
              District Sikar
       3.     Brijesh Kumar Gochar S/o Nemichand, Aged About 31
              Years, Resident Of Village Jiyahedi Post Budhadeet Tehsil
              Digod Kota
                                                                             ----Petitioners
                                             Versus
       1.     State   Of      Rajasthan,         Through         The      Additional   Chief
              Secretary, Department Of Education, Secretariate, Jaipur
       2.     The     Joint       Secretary,          Department           Of   Personnel,
              Secretariate, Jaipur
       3.     The Director, Directorate Of Secondary Education, Bikaner
       4.     Rajasthan Staff Selection Board, Jaipur Through Its
              Secretary, Rsmssb, Durgapura, Jaipur
                                                                          ----Respondents

For Petitioner(s) : None.

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment / Order

26/05/2022

None has appeared on behalf of the petitioner even in the

second round.

The petition seeks review of order dated 07.12.2022. The

validity of the provisions of Rajasthan Educational (State and

Subordinate) Service (Amendment) Rules, 2022 was repelled by a

(2 of 2) [WRW-102/2022]

detailed order passed by this Court on clear finding as to what

should be the eligibility criteria for selection on the posts is

essentially to be decided by the rule making authority and not by

the Court and unless and until the rules are shown to be arbitrary,

unreasonable, suffering from any legal or factual malafide, the

Court would not substitute its wisdom for that of the rule making

authority. This Court also took into consideration the order passed

by this Court earlier in D.B. Civil Writ Petition No.1104/2022,

Satya Narayan Saini and Ors. Versus State of Rajasthan and Ors.,

where the challenge to the eligibility criteria for the post of Basic

Computer Instructor was also rejected.

In view of the above, there is no error apparent on the face

of record and it appears that the review is an appeal in disguise,

accordingly dismissed.

(SUDESH BANSAL),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Sanjay Kumawat-155

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