Rajasthan High Court - Jodhpur
Aruna Swami vs State Of Rajasthan ... on 15 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/015334]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10596/2020
Aruna Swami D/o Shri Om Prakash Swami, Aged About 45 Years,
R/o Near Lali Bai Park, Happy Pan Palace Wali Gali, Bikaner,
District Bikaner, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Rajasthan Subordinate And Ministerial
Service Selection Board, Jaipur, Rajasthan.
3. The Director., Secondary Education, Bikaner, District
Bikaner, Rajasthan.
4. The Registrar, Nagpur University Nagpur, Maharashtra.
----Respondents
For Petitioner(s) : Mr. Mohan Singh Shekhawat
For Respondent(s) : Mr. Vinit Sanadhya
JUSTICE DINESH MEHTA
Order
15/05/2023
1. By way of the present writ petition, the petitioner has prayed
thus:
"A. By an appropriate writ order or direction, the
Rejection List (Annex-10), Final Result dated
26.09.2019 (Annex-13), Posting Recommendation
orders/lists (Annex-14) or any order denying the
candidature of the petitioner for her final selection
and appointment on the post of PTI Grade III in
pursuance of the advertisement dated 04.05.2018
(Annex-5) 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. Bachelor in
[2023/RJJD/015334] (2 of 3) [CW-10596/2020]
Physical Education (B.P.Ed.) acquired from Nagpur
University, Nagpur for her final selection on the post
of PTI Grade-III.
C. By an appropriate writ order or direction, the
respondents may kindly be directed to permit the
petitioner in further selection process of zone
allotment and posting place allotment for the post
of PTI Grade-III in pursuance of the advertisement
dated 04.05.2018.
D. By an appropriate writ order or direction, the
respondents may kindly be directed to provide
appointment to the petitioner on the post of PTI
Grade-III in her respective category of OBC WE DV
with all consequential benefits.
E. Any other appropriate writ, order or direction
which this Hon'ble Court may deem just and proper
in the facts and circumstances of the case may
kindly be passed in favour of the petitioner.
F. Writ petition filed by the petitioner may kindly be
allowed with costs."
2. Mr. Sanadhya, learned counsel for the respondents, at the
outset submitted that the issue involved in the present writ
petition has been decided by the co-ordinate Bench of this Court
vide its judgment dated 25.03.2019 rendered in the case of Vinod
Kumar vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition
No. 8800/2018).
3. Learned counsel for the petitioner is not in a position to
dispute the aforesaid facts and law.
4. In case of Vinod Kumar (supra), this Court has held thus:
"In view of the categorical pronouncement of the
Division Bench specifically taking into
consideration the submissions regarding the
effect of amendment made by NCTE, as noticed
[2023/RJJD/015334] (3 of 3) [CW-10596/2020]
hereinabove, the plea raised in this regard cannot
be countenanced.
In view of the above, the various pleas sought to
be raised by learned counsel for the petitioner
and seeking to make submissions, which are
contrary to the dictum laid down by the Division
Bench in the case of Ganesh Narayan Mali (supra)
cannot be countenanced.
In view of the above discussion, there is no
substance in the writ petition and the same is,
therefore, dismissed."
5. Following the judgment in the case of Vinod Kumar (supra)
and Division Bench's judgment dated 02.06.2016 rendered in the
case of Ganesh Narayan Mali & Ors. vs. State of Rajasthan &
Ors. (DBSAW No. 3401/2016), the present writ petition is also
dismissed.
6. Stay application also stands dismissed, accordingly.
(DINESH MEHTA),J
65-Mak/-
Powered by TCPDF (www.tcpdf.org)
