Rajasthan High Court - Jodhpur
Bhateri Devi vs State Of Rajasthan (2025:Rj-Jd:47243) on 3 November, 2025
[2025:RJ-JD:47243]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16714/2024
1. Rajaram S/o Banshi Lal, Aged About 34 Years, Palli 2,
Tehsil Lohawat, District Jodhpur, Rajasthan.
2. Neetu Choudhary D/o Goparam Choudhary, Aged About
30 Years, Vpo Popawas, Tehsil Jodhpur, District Jodhpur.
3. Opi Lal S/o Bhagirath Ram, Aged About 32 Years,
Bheemsagar, Tehsil Osian, District Jodhpur.
4. Miyal Ram Farroda S/o Poona Ram Farroda, Aged About
32 Years, Mukhya Bas, Gajoo, Tehsil Mundwa, District
Nagaur.
5. Jagdish Singh S/o Bhulli Ram, Aged About 37 Years,
Village Badli, Luhesar, Kaman, District Bharatpur,
Rajasthan.
6. Meena Kumari Nagar D/o Meghraj Nagar, Aged About 29
Years, Village Umraj, Post Ramganj Balaji, Tehsil Bundi,
District Bundi.
7. Tina Nagar W/o Satyanarayan Nager, Aged About 36
Years, Village Umraj, Post Ramganj Balaji, Tehsil Bundi,
District Bundi.
8. Sunita D/o Mahendra Singh, Aged About 29 Years, Dhani
Araiyan, Post Office Bhukraka, Tehsil Nohar, District
Hanumangarh.
9. Deepika D/o Tulshi Ram, Aged About 35 Years, Vpo Jayal,
Tehsil Jayal, District Nagaur.
10. Rachna Kumari D/o Dayaram W/o Rajendra Gurjar, Aged
About 33 Years, Village Raroda, Tehsil Bayana, District
Bharatpur.
11. Urmila Sharma D/o Kailash Chandra Sharma, Aged About
40 Years, Village Gagera, Tehsil Hurda, District Bhilwara.
12. Ramphool Jat S/o Ramnarayan Jat, Aged About 30 Years,
Beejalpura, Post Ranoli, Tehsil Peeploo, District Tonk.
13. Balkrishan S/o Somchand, Aged About 26 Years, Vpo
Dhanota, Sewar, District Bharatpur.
14. Gordhan S/o Ratiram, Aged About 36 Years, Village
Dhaur, Post Mahua, Tehsil And District Bharatpur.
15. Rajni D/o Mohar Singh, Aged About 32 Years, Vpo Palka,
Tehsil Nagar, District Bharatpur.
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16. Shiv Kumar S/o Vinod Kumar Sharma, Aged About 28
Years, Ward No.12, Loonkaransar, District Bikaner.
17. Shashi Bala D/o Inder Singh, Aged About 40 Years,
Subhash Nagar, Near Agrasen School, Golpura Road,
Bharatpur, District Bharatpur.
18. Mamta Yadav D/o Madan Singh, Aged About 32 Years,
Dhani Mangla Ka Vali, Post Bhagega, Tehsil Neem Ka
Thana, District Sikar.
19. Amit Kumar S/o Bepati Ram, Aged About 32 Years, Vpo
Dharsoni, Tehsil Weir, District Bharatpur.
20. Vishvendra Singh S/o Vipati Ram, Aged About 27 Years,
Vpo Dharsoni, Tehsil Weir, District Bharatpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan Secretariat, Jaipur.
2. Principal Secretary, Education Department (Elementary)
Government Of Rajasthan Secretariat, Jaipur.
3. The Director, Elementary Education Rajasthan Bikaner.
4. Rajasthan Staff Selection Board Jaipur (Raj.), Office
Address Agriculture Management Institution Campus
Durgapura Jaipur (Raj.) Through Its Chairman.
----Respondents
Connected With
S.B. Civil Writ Petition No. 18264/2024
1. Bhateri Devi D/o Shri Sajjan Singh, Aged About 38 Years,
Resident Of Dhandhol Kekh, Post Narwasi, Tehsil Rajgarh,
District Churu - 331023.
2. Anita Singh W/o Shri Rajeev Kumar, Aged About 35 Years,
Resident Of Vpo Indali, Jhunjhunu 333001
3. Narendra Kumar S/o Shri Krishna Devi, Aged About 39
Years, Resident Of Vpo Suratpura Tehsil Bhadra, District
Hanumangarh, Rajasthan 335503
4. Dharma Veer S/o Shri Sita Ram, Aged About 31 Years,
Resident Of Vpo Haripura, Tehsil Taranagar, District Churu
331304
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5. Sandeep Kumar S/o Shri Bhoop Singh, Aged About 39
Years, Resident Of Village Ganja Rapana, Post Shakkar
Mandori, District Sirsa, Haryana - 125110
6. Ram Pal S/o Shri Ramswaroop, Aged About 36 Years,
Resident Of Village Bhagwansar, Post Gorkang, Tehsil
Nohar, District Hanumangarh 335523.
7. Monika Yadav D/o Shri Mahaveer Singh, Aged About 29
Years, Resident Of Village And Post Khanpur Aheer, Tehsil
Mundawar, District Kherthal, Tijara, Rajasthan 301403
8. Krishna W/o Shri Rakesh Kumar, Aged About 35 Years,
Resident Of Shyoratada, Mundria, Barg, Tehsil Bhadra,
District Hanumangarh - Rajasthan 335502.
9. Rakesh Kumar S/o Shri Jeeta Ram, Aged About 38 Years,
Resident Of Vpo Munda, Tehsil And District Hanumangarh,
335526
10. Vandana Kumari D/o Shri Pyarelal Kadawasara, Aged
About 27 Years, Resident Of Village Khandwa Patta, Tehsil
And District Churu, 331001.
11. Neelam W/o Shri Mukesh Kumar, Aged About 39 Years,
Resident Of Village Jiwandesar, Po Padampur, District
Ganganagar 335041
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary Rural
Development And Panchayati Raj Department,
Government Of Rajasthan Secretariat, Jaipur.
2. Principal Secretary, Education Department (Elementary)
Government Of Rajasthan Secretariat, Jaipur.
3. The Director, Elementary Education Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Jaipur (Raj.) Office
Address - Agriculture Management Institution Campus
Durgapura, Jaipur (Raj.) Through Its Chairman.
----Respondents
S.B. Civil Writ Petition No. 20466/2024
1. Shakeela D/o Shri Satpal, W/o Sh. Surjeet Kumar, Aged
About 36 Years, R/o Chak 22 Mod, Tehsil Pilibangan,
District Hanumangarh, Rajasthan.
2. Suman Bishnoi D/o Shri Asha Ram Bishnoi, W/o
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Sh.subhash Chander, Aged About 38 Years, R/o Chak 22
Mod, Tehsil Pilibangan, District Hanumangarh, Rajasthan.
3. Usha Bishnoi D/o Shri Asha Ram Bishnoi, W/o Sh.
Sourabh Kumar, Aged About 38 Years, R/o Chak 22 Mod,
Tehsil Pilibangan, District Hanumangarh, Rajasthan.
4. Neetu Yadav D/o Shri Budh Ram Yadav, W/o Sh. Anil
Kumar Yadav, Aged About 37 Years, R/o Vpo Palava,
Tehsil Mundawar, District Alwar, Rajasthan.
5. Jaskaran S/o Shri Jasveer Singh, Aged About 27 Years, R/
o Village 5G Chhoti, Tehsil And District Sri Ganganagar,
Rajasthan.
6. Jyoti Bala D/o Shri Mohar Singh, W/o Sh. Shishpal, Aged
About 32 Years, R/o Village 10 Spd, Sardarpura Kharta
Tehsil And District Sri Ganganagar, Rajasthan.
7. Sangeeta Yadav D/o Shri Amar Singh Yadav, W/o Sh.
Kuldeep Singh Yadav, Aged About 33 Years, R/o Bus
Stand Road, Near School Ground, Behind Lg Showroom,
Behror, District Alwar, Rajasthan.
8. Manisha Yadav D/o Shri Sube Singh Yadav, W/o Sh. Ravi
Kumar, Aged About 35 Years, R/o Village Kani Tigaon,
Post Jonal, Tehsil Kotkasim, District Alwar, Rajasthan.
9. Ajay Pal S/o Shri Sunder Singh, Aged About 37 Years, R/o
Village Jokhawas, Post Ujoli, Tehsil Kotkasim, District
Alwar, Rajasthan.
10. Deepanshu S/o Shri Satyaveer Singh Yadav, Aged About
24 Years, R/o Village Rodwal, Tehsil Neemrana, District
Alwar, Rajasthan.
11. Moinuddin S/o Alladin, Aged About 40 Years, R/o 19/55,
Kadar Mohalla, Roshni House, Nosar Ghati, Pushkar Road,
Ajmer Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary Rural
Development And Panchayati Raj Department,
Government Of Rajasthan Secretariat, Jaipur.
2. Principal Secretary, Education Department (Elementary)
Government Of Rajasthan Secretariat, Jaipur.
3. The Director, Elementary Education Rajasthan Bikaner.
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4. Rajasthan Staff Selection Board, Jaipur (Raj) Office
Address- Agriculture Management Institution Campus
Durgapura Jaipur (Raj) Through Its Chairman.
5. National Council For Teacher Education, Hans Bhawan,
Wing No.2, 1 Bahadur Shah Zafar Marg, New Delhi -
110002, Through Its Secretary.
6. Rehabilitation Council Of India (Rci), Office Address- B-22
Qutub Institution Area New Delhi -110016 Through Its
Secretary.
----Respondents
For Petitioner(s) : Mr. Sushil Bishnoi and
Mr. Rahul Mandan
For Respondent(s) : Mr. Vivek Sharma on behalf of
Mr. Mukesh Dave, AGC and
Mr. Monal Chugh
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
03/11/2025
1. The challenge in the present writ petition is to the action of
the respondents in not treating the petitioners as eligible in terms
of the qualifications prescribed under the advertisement for the
post the of Teacher Grade III Level-II- (Special Education).
2. The case of the petitioners is that the respondents issued an
advertisement dated 16.12.2022 for filling the various posts,
including the post of Teacher Grade III, wherein the prescribed
qualification was B.Ed. in Special Education.
3. The petitioners possess a B.Ed. qualification and also hold a
two-year Post Graduate Diploma in Special Education. According
to the learned counsel for the petitioners, the combination of both
qualifications ought to be treated as equivalent as to B.Ed. in
Special Education. In support of this contention, reliance has been
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placed upon the decision of the Hon'ble Apex Court in 'Manoj
Kumar Sharma & Ors. v. The State of Rajasthan & Ors.' Civil
Appeal No. 8140/2024, wherein a similar controversy was
considered. The Hon'ble Apex Court held that a general B.Ed.
Degree coupled with a one-year Post Graduate Professional
Diploma in Special Education (PG PD-SE) constitutes an equivalent
qualification to a B.Ed in Special Education. In the present case,
however, the petitioners possess a two-year Post Graduate
Diploma qualification along with a B.Ed. degree.
4. This case stands on a better footing than the one considered
by the Hon'ble Apex Court in 'Manoj Kumar Sharma & Ors.'
(supra).
5. The learned counsel appearing for the respondents does not
dispute the said law laid down by the Hon'ble Apex Court in case
of 'Manoj Kumar Sharma & Ors.' (supra), the relevant paragraphs
of the judgment is as follows:-
"....14. In view of the above, we are of the opinion
that there is no difficulty for the State Government in
considering the case of the appellants who possess a
B.Ed. (General education) along with a one-year Post
Graduate Professional Diploma in Special Education
(PG PD-SE) as equivalent to the prescribed
qualification in the advertisement.
15. We are aware of the fact that the advertisement
was issued way back on 31st July, 2018, and the
process of recruitment would have been over by now.
However, if there are any vacancies left, we direct the
respondents to consider the case of the appellants
and pass necessary orders within 30 days from the
date of receipt of a copy of this order...."
6. The learned counsel for the respondents submits that the
case of the petitioners would be considered only if they fulfill the
merit criteria and if the vacancies exist in the category for which
the petitioners have applied.
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7. In the light of the above judgment of the Hon'ble Apex
Court, the respondents are directed to treat the qualifications held
by the petitioners, i.e., B.Ed. General and a two-year Post
Graduate Diploma in Special Education, as equivalent to a B.Ed. in
Special Education. The respondents shall consider the cases of the
petitioners for appointment, subject to their fulfilling the merit
criteria and availability of vacant posts pursuant to the
advertisement in which the petitioners had appeared. The
aforesaid exercise shall be completed within a period of two
months from the date of this order.
8. With the aforesaid directions, the writ petitions stand
disposed off.
(MUNNURI LAXMAN),J
19-21-KshamaD/-
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