Rajasthan High Court
Ranjeet Kumar Damor S/O Shri ... vs State Of Rajasthan ... on 4 February, 2023
Bench: Sudesh Bansal
[2023/RJJP/001688]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
एकलपीठ सिसिल रिट यासिका िंखया-997/2023
िणजीत कुमाि डामोि पुत्र शी बरिाजी आयु 25 िर् सनििािी मु० बाि पोसट डबायिा तहिील
खरििाडा सजला उदयपुि (िाजस्ानि)
-----सपसटशनिि
बनिाम
1. िाजस्ानि िाजय जरियर असतरिक्त मुखय िसिि सकिल सशल शिका, शािनि िसििालय, जयपुि
2. असतरिक्त मुखय िसिि, गामीण सिकाि एिं पंिायती िाज सिभाग, शािनि िसििालय,
जयपुि
3. सनिदरशक, पािसरभक सशल शिका, बीकानिरि
4. सजला सशल शिका असअधिकािी,, पािसरभक, पतापगढ
----िर सपोनडर नट
For Petitioner(s) : Mr. Sudhir Gupta
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
04/02/2023
1. Petitioner has filed the instant writ petition feeling aggrieved
by a list dated 27.04.2022 (Ann.5) wherein the name of petitioner
has been figured at serial No.2537 and he has been declared
ineligible for the post of Teacher Grade III Level-I pursuant to
recruitment of 2021-2022 on the ground of having "dual degree".
2. Counsel for petitioner submits that petitioner has qualified
diploma in elementary education of two years for 2016-2018 and
the degree of Bachelor in Arts for the year 2014-2017.
Indisputably, both the diploma and degree course of petitioner
have been undertaken regularly. Counsel for petitioner submits
[2023/RJJP/001688] (2 of 3) [CW-997/2023]
that it is true that in the year 2017, the degree of BA overlaps the
regular course of diploma, however, his case is not of obtaining
two degrees, but his case is of obtaining one course of diploma
and another course of degree.
3. Counsel for petitioner has placed reliance on a circular of
Primary Education Department, Government of Rajasthan dated
09.04.2015, which provides recognition to the degree/diploma
obtained simultaneously in two difference subjects by candidates
regularly as well as private. Counsel for petitioner states that
there is no specific rules or regulations prohibiting the
continuation of diploma and degree course regularly.
In this respect, counsel for petitioner has placed reliance on
a judgment of Hon'ble Apex Court in case of Kuldeep Kumar
Pathak Vs. State of U.P. [AIR (2016) SC 251] and following
the same judgment, the Coordinate Bench at Principal Seat at
Jodhpur in SB Civil Writ Petition No.14228/2017 titled Nirma
Kumari Meena Vs. The State of Rajasthan, in its order dated
10.01.2018 allowed the writ petition of one divorcee lady taking
note that there is no prohibition from taking simultaneous degree
and diploma.
4. Counsel for petitioner submits that while preparing list dated
27.04.2022, respondents invited objections and in pursuant
thereof petitioner has submitted his objection on 26.05.2022
(Ann.8) pointing out the aforesaid aspect that his case is not
covered under the "dual degree" and as per the judgment
delivered in the case of Nirma Kumari Meena (Supra), he can not
be declared ineligible. Counsel for petitioner states that without
deciding the representation of petitioner dated 26.05.2022,
[2023/RJJP/001688] (3 of 3) [CW-997/2023]
respondents have issued another list dated 19.09.2022, wherein
petitioner has been figured declaring him as ineligible.
5. For the aforesaid reasons, counsel for petitioner seeks
permission to withdraw the instant writ petition with direction to
respondents to decide his representation dated 26.05.2022, if
same has not been decided so far.
6. Although, this Court is of opinion that the petitioner has been
declared ineligible for the post of Teacher Grade III Level-I in the
list dated 19.09.2022, which is subsequent to his representation
dated 26.05.2022, however, if the representation of petitioner
dated 26.05.2022 has not been decided, the same be decided.
7. With the aforesaid, the instant writ petition is disposed of.
8. Stay application and other pending application(s), if any,
stand disposed of.
(SUDESH BANSAL),J
SACHIN/3
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