Rajasthan High Court - Jodhpur
Radha Kishan Bishnoi vs State Of Rajasthan on 11 April, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 4788/2022
Radha Kishan Bishnoi S/o Shri Shairam Bhadhu, aged about 36
Years, R/o Village- Mankasar, Tehsil- Kolayat, District- Bikaner,
Rajasthan.
----Petitioner
Versus
1. State of Rajasthan through yhe Secretary, Rural
Development and Panchayati Raj Department,
Government of Rajasthan, Secretariat, Jaipur.
2. Director Elementary Education, Bikaner, Rajasthan.
3. Chief Executive Officer Zila Parishad, Bikaner.
4. District Education Officer (Elementary), Bikaner.
----Respondents
For Petitioner(s) : Mr. M.L. Deora.
For Respondent(s) : Mr. Deepak Chandak on behalf of
Mr. Pankaj Sharma, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 11/04/2022 The application (1/2022) preferred on behalf of petitioner for early listing is allowed.
The matter is taken for admission.
It is submitted by learned counsel for the petitioner that the issue as raised in the writ petitions is covered by judgment in Mahendra Kumar Vishnoi v. State of Rajasthan & Anr. : SBCWP No.5420/2014, decided on 10.08.2015 (Annex.9), which judgment has been upheld by the Division Bench (Annex.10). (Downloaded on 11/04/2022 at 08:40:34 PM)
(2 of 2) [CW-4788/2022] Learned AAG made submissions that in another judgment, arising out of appointment under the Sanskrit Education Department, similar view as in the case of Mahendra Kumar Vishnoi (supra) was taken, which was upheld by the Division Bench in State of Rajasthan & Ors. v. Sahi Ram : DBSAW No.311/2019, decided on 01.08.2019, against which the State has preferred Special Leave Petition, which is pending consideration before the Hon'ble Supreme Court and parties have been directed to maintain status quo.
In the circumstances of the case, wherein two Division Bench judgments have held in favour of the petitioner, however, the matter is pending consideration before the Hon'ble Supreme Court, the matter requires consideration.
Issue notice.
As Mr. Pankaj Sharma, AAG puts in appearance on behalf of the respondents, no need to issue notice to the respondents.
In the meanwhile, the respondents are directed to consider the candidature of the petitioner for the post of Teacher Gr.III (Level-I) by taking their qualification of Diploma in Teaching (JBT) as a valid qualification for the post in question and in case, the petitioner ultimately fall in merit, while they may not be accorded appointment, the seats will be kept vacant to the extent the petitioner is found within merit / cut-off.
It is expected of the State to get the matter expedited before the Hon'ble Supreme Court.
The stay applications stand disposed of.
(ARUN BHANSALI),J 205-DJ/-
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