Narendra Puri Goswami vs State Of Rajasthan ...
2023 Latest Caselaw 1275 Raj

[2023/RJJD/003856]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 17893/2022

Ghama Ram Meghwal S/o Rugh Ram Meghwal, Aged About 41 Years, R/o Vpo Chaba, Tehsil Shergarh, District Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department Government Secretariat, Jaipur.

2. The State Of Rajasthan, Through Its Principal Education Secretary, Government Secretariat, Rajasthan, Jaipur.

3. The Director, Primary Education, Rajasthan, Bikaner.

4. Rehabilitation Council Of India, B-22, Qutub Institutional Area, New Delhi 110016 Through Secretary.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 15333/2022 Narendra Puri Goswami S/o Ganesh Puri Goswami, Aged About 34 Years, R/o Village Khatu Kalan, Tehsil Jayal, Dist. Nagaur, Rajasthan.

----Petitioner Versus

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

2. State Of Rajasthan, Through Principle Secretary, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

3. Director, Primary Education And Panchayati Raj (Primary Education), Government Of Rajasthan, Jaipur.

4. National Council For Teacher Education (Ncte), Through Is Members Secretary, G-7, Sector-10, Dwarka Near Metro Station, New Delhi 110075.

5. Rehabilitation Council Of India (Rci), Through Its Member Secretary, B-22, Qutab Institutional Area, New Delhi - 110016.

----Respondents (3) S.B. Civil Writ Petition No. 1143/2023 Rita Chouhan W/o Shri Pratap Singh, Aged About 39 Years, R/o House No. Mb-18, Man Sarowar Colony, Ganganagar, Rajasthan.

----Petitioner Versus

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

[2023/RJJD/003856] (2 of 4) [CW-17893/2022]

Government Secretariat, Jaipur, Rajasthan.

2. State Of Rajasthan, Through Principal Secretary, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

3. Director, Primary Education And Panchayati Raj (Primary Education), Government Of Rajasthan, Jaipur.

4. National Council For Teacher Education (Ncte), Through Its Member Secretary, G-7, Sector-10, Dwarka Near Metro Station, New Delhi 110075.

5. Rehabilitation Council Of India (Rci), Through Its Member Secretary, B-22, Qutab Institutional Area, New Delhi 110016.

----Respondents

For Petitioner(s) : Mr. Himanshu Jain with Mr. Hansraj Nimbar For Respondent(s) : Mr. Pankaj Sharma, AAG

JUSTICE DINESH MEHTA

Order

03/02/2023

1. The present writ petitions have been preferred with the

following relief:-

"i. Issue writ, order or direction in the nature thereof the respondents may kindly be directed to allow the petitioner to participate in the process of counseling in his respective District and give him appointment on the post of Teachers Grade-III Level-II (special Education) with all consequential benefits by considering the qualification of one year Post Graduate Diploma in Special Education equivalent to Diploma of two years duration.

ii. Issue an appropriate writ order or direction in the nature thereof thereby,

[2023/RJJD/003856] (3 of 4) [CW-17893/2022]

the action of the respondents be declared illegal by which they are not giving appointment to the petitioner on the post of Special Teacher Grade III Level II despite the fact that the petitioner is in merit.

                     iii.     Pass any other appropriate order which
                              this Hon'ble Court may deem                       fir, just
                              and       proper         in    the        facts        and

circumstances of the case in favour of the petitioner.

iv. Cost of the writ petition be also awarded in favour of the petitioner."

2. Mr. Jain, learned counsel for the petitioners fairly submitted

that the issue involved in the present cases is covered against

them by a Division Bench judgment dated 14.12.2022 rendered in

the case of Usha Kumar & Ors. Vs. State of Rajasthan & Ors.

(D.B. Special Appeal Writ No.149/2022 and other connected

matters).

3. Learned counsel for the petitioner submitted that the present

writ petitions be kept pending as the candidates whose fate has

been decided by the Division Bench vide judgment dated

14.12.2022, are in a process of filing a Special Leave Petition

(SLP) against the judgment dated 14.12.2022.

4. Having regard to the facts and circumstances of the case, Mr.

Pankaj Sharma, learned Additional Advocate General was directed

to appear in these matter.

5. In the opinion of this Court, keeping these petitions pending

at this stage would be of no avail. However, if these petitions are

dismissed in light of the Division Bench judgment dated

[2023/RJJD/003856] (4 of 4) [CW-17893/2022]

14.12.2022, the petitioners will also be required to approach

Hon'ble the Supreme Court.

6. Having regard to the facts and circumstances of the case,

this Court deems it expedient to decide present petitions in terms

of the judgment dated 14.12.2022 rendered in the case of Usha

Kumari (supra). However, with a stipulation that if the Division

Bench judgment dated 14.12.2022 is set aside or otherwise

modified, the petitioners' fate shall be governed by such

adjudication to be made by Hon'ble the Supreme Court.

7. Such approach will avoid unnecessary/unwarranted litigation

and ensure that the petitioners are not required to take up the

remedy before Hon'ble the Supreme Court. The same would

obviously, save both the parties from huge cost of litigation before

Hon'ble Supreme Court.

8. The writ petitions are, therefore, disposed of in terms of the

Division Bench Judgment dated 14.12.2022 with a clarification

that reversal or modification of said judgment dated 14.12.2022

will mutatis mutandis apply to the petitioners' case as well.

9. Stay application also stands disposed of.

(DINESH MEHTA),J 51-Arvind/-

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