Rajasthan High Court - Jodhpur
Kamlesh Kumar Sharma vs State Of Rajasthan ... on 1 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/012649]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Writ Petition No. 13982/2022
Kamlesh Kumar Sharma S/o Shri Ramniranjan Sharma, Aged
About 36 Years, R/o Paramsharda Public School, Ward No. 5,
Purohit Ji Ki Dhani, Radhakishanpura, Sikar, District Sikar,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Rural Development And Panchayati Raj, Government
Of Rajasthan, Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government Of
Rajasthan, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District
Bikaner, Rajasthan.
4. The Chief Executive Officer, Zila Parishad Jalore, District
Jalore, Rajasthan.
5. The Development Officer, Panchayat Samiti Sayla, District
Jalore, Rajasthan.
6. The District Education Officer (Headquarter), Elementary
Education, Jalore, District Jalore, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid.
For Respondent(s) : Mr. Pankaj Kumar Sharma, AAG.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/05/2023
1. The present writ petition has been preferred with the
following relief:
"By an appropriate writ order or direction, the order dated
13.04.2022 (Annex.15) and any order denying the selection and
appointment of the petitioner on the post of Special Teacher
[2023/RJJD/012649] (2 of 3) [CW-13982/2022]
Grade-III (Level-II) Social Science in his respective category of
General pursuant to advertisement dated 31.07.2018 (Annex.6)
may kindly be quashed and set aside.
B. By an appropriate writ order or direction, the respondents
may kindly be directed to consider the qualification of the
petitioner i.e. one year B.Ed. (General) and two years Diploma in
Special Education (MR) for the post of Special Teacher Grade-III
(Level-II) Social Science pursuant to the advertisement dated
31.07.2018 for Non- TSP Area.
C. By an appropriate writ order or direction, the respondents
may kindly be directed to permit the petitioner in the further
selection process and afford appointment for the post of Special
Teacher Grade-III (Level-II) Social Science in pursuance of the
advertisement dated 31.07.2018 for Non-TSP Area with all
consequential benefits".
2. Learned counsel for the petitioner fairly submitted that the
issue involved in the present case is covered against him 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 petition 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 this matter.
[2023/RJJD/012649] (3 of 3) [CW-13982/2022]
5. In the opinion of this Court, keeping this petition pending at
this stage would be of no avail. However, if this petition is
dismissed in the light of the Division Bench judgment dated
14.12.2022, the petitioner will also be required to approach the
Hon'ble Supreme Court.
6. Having regard to the facts and circumstances of the case,
this Court deems it expedient to decide the present petition 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 petitioner's fate shall be governed by such
adjudication to be made by Hon'ble Supreme Court.
7. Such approach will avoid unnecessary/ unwarranted litigation
and ensure that the petitioner is 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 petition is, therefore, disposed of in terms of the
Division Bench judgment dated 14.12.2022 with a clarification
that reversal or modification of the said judgment dated
14.12.2022 will mutatis mutandis apply to the petitioner's case as
well.
9. Stay petition also stands disposed of.
(VINIT KUMAR MATHUR),J
16-AnilSingh/-
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