Ganesh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 1790 Raj

[2023/RJJD/005632]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2539/2023

Ganesh Kumar S/o Ram Chander, Aged About 37 Years, R/o Gadhra Via Dabri, Tehsil Bhadra, District Hanumangarh (Raj.).

----Petitioner 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 Isa New Delhi 110016 Through Its Secretary.

                                                                    ----Respondents


For Petitioner(s)          :     Mr. Sushil Bishnoi
For respondents(s)         :     Mr. D.S. Beniwal

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

16/02/2023

1. The petitioner having completed graduation and diploma in

Special Education, has approached this Court with the case that

they possess requisite educational qualification in light of the

communication dated 05.12.2006 (Annex.-8), issued by the

[2023/RJJD/005632] (2 of 3) [CW-2539/2023]

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

petitioner 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 petitioner's 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 petitioner 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 petitioner is 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/005632] (3 of 3) [CW-2539/2023]

6. Prima facie, arguments of Mr. Beniwal appears to be correct

that the issue has been decided against the petitioner 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 petitioner for effecting service

through speed post.

11. It is submitted by learned counsel for the petitioner that the

petitioner has already submitted his application form.

12. The respondent - Selection Board shall issue admit cards to

the petitioner and permit him to appear in the examinations as

and when held, however, his result shall not be declared without

the leave of the Court.

13. Connect with SBCWP No.2125/2023.

(DR.PUSHPENDRA SINGH BHATI),J 349-Zeeshan

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