Citation : 2025 Latest Caselaw 4505 Raj
Judgement Date : 14 January, 2025
[2025:RJ-JD:2243]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8763/2022
Priyanka Kumari Baranda D/o Shri Amsulal, Aged About 23
Years, Resident Of Village Guda, Post Patiya, Tehsil Kherwara,
District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Elementary Education Rajasthan, Bikaner.
3. The Chief Executive Officer, Zila Parishad, Udaipur.
----Respondents
For Petitioner(s) : Mr. Ramesh Purohit.
For Respondent(s) : Mr. Sandeep Soni for
Mr. B.L. Bhati, AAG
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
14/01/2025
1. Petitioner herein is before this Court aggrieved by the list
(Annex.8), whereby the candidature of several candidates,
including the petitioner, has been rejected on account of
possessing dual degrees of D.El.Ed. and TDC.
2. A co-ordinate Bench earlier seized of the matter passed the
following order dated 07.07.2022:-
"Learned counsel for the respondents submits that reply to the petition has been filed on 05.07.2022.
Office is directed to tag the same.
Learned counsel for the petitioner prays for time to file rejoinder to the reply.
List next week alongwith SBCWP
No.8444/2022."
3. From the aforesaid it transpires that both the petitions i.e.
the petition in hand as well as the petition bearing SBCWP
No.8444/2022, controversy raised is similar.
[2025:RJ-JD:2243] (2 of 2) [CW-8763/2022]
4. My attention has been drawn to judgment rendered in
SBCWP No.8444/2022, wherein this Court held as under :-
"Learned counsel for the parties submit that the issue raised in the present writ petition is covered by order in S.B. Civil Writ Petition No.5536/2022 & other connected writ petitions, decided on 23.5.2022 and, therefore, similar order may be passed in the present writ petition.
In the case of Aditya Joshi (supra), it was inter alia directed by this Court as under:-
"Consequently, the writ petitions filed by the petitioners are disposed of. The order passed by the respondents/decision taken by the respondents (in cases where order have not been passed) are set-aside.
As in all the matters, the respondents have filed reply indicating the foundation for coming to the conclusion that for undertaking two regular courses simultaneously, the petitioners are ineligible, the petitioners may make a representation to the respondent- Director, Elementary Education, Bikaner against the rejection of their candidature/decision based on the indications made in the reply to the writ petition, taking all the issues as sought to be agitated in the present petitions, within a period of 30 days.
On filing of the representations, the respondents after providing opportunity of hearing to the petitioners wherever sought & availed, would pass appropriate orders qua the eligibility of the petitioners within a period of 30 days thereafter.
It is made clear that on account of the pendency of above procedure, the petitioners, till the disposal of the representation by the respondents, shall not be treated as eligible and the on going recruitment process shall not be stalled by the respondents."
In view of the submissions made, the writ petition filed by the petitioner is disposed of with similar directions as given in the case of Aditya Joshi (supra).
5. In view of the aforesaid, the instant writ petition is also
disposed of in same terms as judgment rendered in SBCWP
No.8444/2022.
6. All pending application(s), if any, also disposed of.
(ARUN MONGA),J 29-/Jitender/Rmathur/-
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