Rajasthan High Court - Jodhpur
Inder Pal vs State Of Rajasthan ... on 16 February, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/005633]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2291/2023
1. Inder Pal S/o Rajender, Aged About 27 Years, R/o Ward
No. 7, Vpo Thalarka, Nohar, District Hanumangarh (Raj.).
2. Ajay Singh Yadav S/o Daya Nand Yadav, Aged About 31
Years, R/o Village Gugariya, Post Basai, Tehsil Behror,
District Alwar (Raj.).
3. Vishvendra Singh S/o Than Singh, Aged About 33 Years,
R/o Vpo Purabaikhera, Tehsil Bayana District Bharatpur
(Raj.).
4. Sunil Kumar S/o Samay Singh, Aged About 31 Years, R/o
Village Utardiya Tonk, Lakhanpur, District Bharatpur
(Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary Rural
Development And Panchayati Raj Department,
Government Of Rajasthan Secretariat, Jaipur.
2. Principal Secretary, Education Department (Elementary)
Government Of Rajasthan Secretariat,, Jaipur.
3. The Director, Elementary Education Rajasthan Bikaner.
4. Rajasthan Staff Selection Board, Jaipur (Raj.) Office
Address Agriculture Management Institution Campus
Durgapura Jaipur (Raj.) Through Its Chairman.
5. National Council For Teacher Education, Hans Bhawan,
Wing No. 2, 1 Bahadur Shah Zafar Marg, New Delhi
110002 Through Its Secretary.
6. Rehabilitation Council Of India (Rci), Office Address B-22
Qutub Institution Area New Delhi 110016 Through Its
Secretary.
----Respondents
For Petitioner(s) : Mr. Sushil Bishnoi
For Respondent(s) : Mr. D.S. Beniwal
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/02/2023
1. The petitioners having completed graduation and diploma in
Special Education, have approached this Court with the case that
they possess requisite educational qualification in light of the
[2023/RJJD/005633] (2 of 3) [CW-2291/2023]
communication dated 05.12.2006 (Annex.-8), issued by the
Rehabilitation Council of India (RCI), so also clause (6) of the
advertisement No.13/2022, dated 16.12.2022.
2. It is asserted by learned counsel for the
petitioners that in the case of Special Teachers, the qualification
prescribed or conclusion drawn by the Rehabilitation Council of
India are binding irrespective of the educational qualification
prescribed by the NCTE.
3. Learned counsel invited Court's attention towards the
proceedings dated 21.07.2022 of Hon'ble the Supreme Court in
Writ Petition Civil No.132/2016 : Rajneesh Kumar Pandey Vs.
Union of India : 2021 and argued that in the above referred order
of the Supreme Court, the communication/notification issued by
the RCI has been treated to be a direction by Hon'ble the Supreme
Court and thus, the respondents cannot deny petitioners' rights to
be given appointment on the post of Teacher Grade-III Level-II
Special Education, when the RCI has clarified that the Diploma
done by the petitioners is equivalent to CTT course.
4. Mr. D.S. Beniwal, learned counsel appearing for the
respondent - Selection Board, relied upon a Division Bench
judgment of this Court dated 14.12.2022 in Usha Kumari & Ors.
Vs. State of Rajasthan & Ors. : D.B. Special Appeal Writ
No.149/2022 and submitted that the arguments advanced by the
learned counsel for the petitioners are not tenable in light of the
adjudication made by the Division Bench on the issue involved in
the present case.
5. Heard learned counsel for the parties on the grant of interim
relief.
[2023/RJJD/005633] (3 of 3) [CW-2291/2023]
6. Prima facie, arguments of Mr. Beniwal appears to be correct
that the issue has been decided against the petitioners by the
Division Bench by its judgment dated 14.12.2022, but then, it is
to be noted that order dated 21.07.2022 of the Hon'ble the
Supreme Court does not appear to have been brought to the
notice of the Division Bench when the above referred case of Usha
Kumari (supra) was decided.
7. Issue notice to the respondents.
8. Mr. D.S. Beniwal accepts notice on behalf of the respondent
No.4.
9. Let notices returnable on 22.02.2023 be issued to the
remaining respondents.
10. Notices be filed in two sets, out of which one set be given
dasti to learned counsel for the petitioners for effecting service
through speed post.
11. It is submitted by learned counsel for the petitioner that the
petitioners has already submitted their application form.
12. The respondent - Selection Board shall issue admit cards to
the petitioners and permit them to appear in the examinations as
and when held, however, their result shall not be declared without
the leave of the Court.
13. Connect with SBCWP No.2125/2023.
(DR.PUSHPENDRA SINGH BHATI),J
342-Zeeshan
Powered by TCPDF (www.tcpdf.org)
