Rajasthan High Court - Jaipur
Ashwani Lamba S/O Virendra Singh vs State Of Rajasthan on 26 May, 2022
Bench: Manindra Mohan Shrivastava, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Review Petition No. 102/2022
In
D.B. Civil Writ Petition No.1572/2022
1. Ashwani Lamba S/o Virendra Singh, Aged About 29 Years,
Resident Of 80, Gangotri Nagar, Triveni Puliya, Gopalpura
Bypass, Jaipur.
2. Arvind Kumar S/o Ramchandra Singh, Aged About 25
Years, Resident Of V.p.o Poshani Teh. Laxmangarh,
District Sikar
3. Brijesh Kumar Gochar S/o Nemichand, Aged About 31
Years, Resident Of Village Jiyahedi Post Budhadeet Tehsil
Digod Kota
----Petitioners
Versus
1. State Of Rajasthan, Through The Additional Chief
Secretary, Department Of Education, Secretariate, Jaipur
2. The Joint Secretary, Department Of Personnel,
Secretariate, Jaipur
3. The Director, Directorate Of Secondary Education, Bikaner
4. Rajasthan Staff Selection Board, Jaipur Through Its
Secretary, Rsmssb, Durgapura, Jaipur
----Respondents
For Petitioner(s) : None.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SUDESH BANSAL Judgment / Order 26/05/2022 None has appeared on behalf of the petitioner even in the second round.
The petition seeks review of order dated 07.12.2022. The validity of the provisions of Rajasthan Educational (State and Subordinate) Service (Amendment) Rules, 2022 was repelled by a (Downloaded on 31/05/2022 at 09:01:50 PM) (2 of 2) [WRW-102/2022] detailed order passed by this Court on clear finding as to what should be the eligibility criteria for selection on the posts is essentially to be decided by the rule making authority and not by the Court and unless and until the rules are shown to be arbitrary, unreasonable, suffering from any legal or factual malafide, the Court would not substitute its wisdom for that of the rule making authority. This Court also took into consideration the order passed by this Court earlier in D.B. Civil Writ Petition No.1104/2022, Satya Narayan Saini and Ors. Versus State of Rajasthan and Ors., where the challenge to the eligibility criteria for the post of Basic Computer Instructor was also rejected.
In view of the above, there is no error apparent on the face of record and it appears that the review is an appeal in disguise, accordingly dismissed.
(SUDESH BANSAL),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ Sanjay Kumawat-155 (Downloaded on 31/05/2022 at 09:01:50 PM) Powered by TCPDF (www.tcpdf.org)