Rajasthan High Court - Jodhpur
Smt. Jyoti Sharma vs State Of Rajasthan And Anr. ... on 23 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/016850]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7969/2018
Smt. Jyoti Sharma D/o Hem Shanker Sharma, R/o In Front Of
Central Hospital, Gangapur, Teh. Sahara, Bhilwara, Raj..
----Petitioner
Versus
1. The State Of Rajasthan Through Its Principal Secretary To
The Government, Department Of Education, Secretariat,
Jaipur.
2. The Director Of Elementary Education, Rajasthan,
Bikaner.
----Respondents
For Petitioner(s) : Mr. VLS Rajpurohit
For Respondent(s) : Mr. Pankaj Sharma, AAG with
Mr. Deepak Chanda
JUSTICE DINESH MEHTA
Order
23/05/2023
1. By way of present petition, the petitioner has prayed a
direction to the respondent to consider her candidature qua the
seats notified for Special Teacher (Level-I) Non-TSP area.
2. Mr. Rajpurohit, learned counsel for the petitioner submitted
that due to inadvertence the petitioner wrongly filled her form for
appointment as 'General Teacher' instead of 'Special Teacher'. He
argued that in view of the educational qualification acquired by
her, she can be appointed only as a Special Teacher and not as a
General Teacher.
3. Learned counsel argued that the petitioner cannot be made
to suffer on account of simple human error.
4. Mr. Pankaj Sharma, learned Additional Advocate General, on
the other hand, submitted that maybe due inadvertence or human
error, the fact remains that the petitioner had filled-in her
application form as 'General Teacher' and not a 'Special Teacher'.
[2023/RJJD/016850] (2 of 2) [CW-7969/2018]
5. Learned Additional Advocate General argued that such
change in category as claimed by the petitioner cannot be
permitted as recruitment process for two posts is entirely
different. That apart, two recruitments after the subject
recruitment which was held in the year 2018 have also taken
place.
6. He relied upon the judgment of Co-ordinate Bench of this
Court dated 21.03.2022 rendered in the case of Laxmi Lata
Bamaniya Vs. State of Rajasthan & Anr. (S.B. Civil Writ
Petition No.3720/2022) and submitted that the petitioner has
no case worth interference.
7. Having heard learned counsel for the parties, this Court is of
the considered view that the prayer which the petitioner has made
amounts to change of the recruitment itself, and not just the
change of category. Simply because a common/combined
recruitment notification was issued, the petitioner cannot claim to
be considered for the post of Special Teacher, when she herself
had filled her application form as a General Teacher. The petitioner
has submitted her application form on 24.04.2018 realised her
mistake only when the result was declared.
8. The petitioner is not entitled for any relief, including
equitable relief. Hence, following the judgment in the case of
Laxmi Lata (supra), the present writ petition is dismissed.
9. All interlocutory application including the stay application
stand disposed of accordingly.
(DINESH MEHTA),J
75-Arvind/-
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