Inderveer Singh vs State Of Rajasthan
2022 Latest Caselaw 12478 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12601/2018

Inderveer Singh S/o Shri Harvinder Singh, Aged About 22 Years, R/o-Village 66 Rb Raisinghnagar, Distt. Sri Gangangar.

----Petitioner Versus

1. State Of Rajasthan, Education Department Through Its Secretary. Jaipur.

2. Director Primary Education, Bikaner (Raj.)

3. District Education Officer (Elementary), Sri Ganganagar (Raj.)

----Respondents

For Petitioner(s) : Mr. Surendra Singh Choudhary For Respondent(s) : Mr. Pankaj Sharma, AAG assisted by Mr. Deepak Chandak, AGC and Mr. Dhairyaditya Rathore

HON'BLE MS. JUSTICE REKHA BORANA

Order

18/10/2022

The present petition has been filed with the prayer for

consideration of the candidature of the petitioner on the post of

Teacher Grade-III (Level-II).

The case of the petitioner is that he had appeared in the

B.Ed. examination and on the date of filling of the application

form, he was awaiting result and therefore his candidature be

considered.

Learned counsel for the respondents submitted that the issue

is covered by the judgment of the Hon'ble Apex Court passed in

the case of State of Rajasthan and Ors. Vs. Trilok Ram

reported in (2019) 10 SCC 383.

(2 of 2) [CW-12601/2018]

In Trilok Ram's case (supra), it has been held as under :

"25. The candidates must possess the qualifications on the last date when applying under the advertisement when it is so provided. In view of our finding that the proviso had ceased to exist after substitution of Rule 266(3) by notification dated 11.5.2011, there can be no question of the advertisement being opposed to the statutory rule."

The ratio as laid down in the above mentioned judgment

specifically makes it clear that the candidates must possess the

qualification on the last date when applying under the

advertisement.

In the present matter, it is admitted on record that the last

date for submission of the application form was 25.08.2018

whereas the result of B.Ed., that is, the required qualification for

the post was declared on 19.09.2018. Therefore, admittedly the

petitioner was not qualified on the last date of submission of

application form and hence, cannot be held to be entitled for

consideration.

The present writ petition is therefore, dismissed.

All the pending applications also stand dismissed.

(REKHA BORANA),J

103-AnilKC/-

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