Citation : 2024 Latest Caselaw 8875 Raj
Judgement Date : 9 October, 2024
[2024:RJ-JD:41468]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15296/2024
Smt. Kanta Sharma W/o Naresh Kumar Gaur D/o Harish
Chandra, Aged About 34 Years, By caste Brahman, R/o Ward No.
23, Taranagar, District Churu.
----Petitioner
Versus
1. The State of Rajasthan, through Secretary, Department of
Elementary Education, Government of Rajasthan, Jaipur.
2. The State of Rajasthan, through Secretary, Department of
Rural Development and Panchayati Raj, Government of
Rajasthan, Jaipur.
3. The Director, Department of Elementary Education,
Bikaner.
4. The Chairman, Rajasthan Staff Selection Board, Jaipur.
5. The Secretary, Rajasthan Staff Selection Board, Jaipur.
----Respondents
For Petitioner(s) : Mr. Awar Dan Ujjwal.
For Respondent(s) : Mr. Vinit Sanadhya.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/10/2024
1. Heard learned counsel for the parties.
2. The present writ petition has been filed with the following
prayers:-
"1. That the result of Upper Primary Teacher Level-2 (Hindi) may kindly be declared a fresh while evaluating the Answer sheet as per Primary Answer Key (Annexure-6).
2. That the respondents may kindly be directed to constitute expert committee to examine the disputed questions."
[2024:RJ-JD:41468] (2 of 3) [CW-15296/2024]
3. Learned counsel for the petitioner submits that despite the
petitioner has given correct answers as per the answer key
published by the respondents, she has not been given marks of
the same. He, therefore, prays that the respondents may be
directed to get the matter examined by constituting an expert
committee for examining the disputed questions.
3. Per contra, learned counsel for the respondents submits that
the questions which have been disputed in the present writ
petition were already the subject matter of the writ petition being
S.B. Civil Writ Petition No.8789/2023 (Achala Ram & Ors.
V/s State of Rajasthan & Ors.) and the exercise for referring
the matter to the expert committee has already been undertaken
by the respondents and appropriate recommendation has already
been made by the expert committee. Therefore, whatever decision
will be taken by the respondents in the case of Achala Ram
(supra), the same shall be made applicable in the present case
also. He prays that the writ petition may be disposed of in light of
the judgment rendered by this Court in the case of Achala Ram
(supra).
4. In view of the submissions made before this Court, the
present writ petition is disposed of in terms of the judgment
rendered by this Court in the case of Achala Ram (supra) and the
statement made by the learned counsel for the respondents that
the exercise undertaken by them as per the directions issued in
the case of Achala Ram (supra) will be made applicable in the case
of the present petitioner also.
[2024:RJ-JD:41468] (3 of 3) [CW-15296/2024]
5. It is made clear that since the expert committee has already
resolved the issue involved in the case of Achala Ram (supra) as
directed by this Court, therefore, there is no need to reconstitute
the expert committee for examining the same questions.
(VINIT KUMAR MATHUR),J 110-Shahenshah/-
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