Rajasthan High Court - Jodhpur
Ganpat Lal Mali vs . The State Of Rajasthan & Ors. on 24 March, 2015
Author: Sandeep Mehta
Bench: Sandeep Mehta
[1]
S.B.Civil Writ Petition No.8062/2009
Ganpat Lal Mali Vs. The State of Rajasthan & Ors.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO.8062/2009 Ganpat Lal Mali Vs. The State of Rajasthan & Ors.
Date of order : 24.3.2015 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr.Mohit Shripat for Mr.Vinod Purohit, for the petitioner. Mr.Vineet R.Dave for Mr.Rajesh Joshi, AGC, for the respondents.
<><><> Learned counsel for the parties state that the controversy involved in this writ petition is squarely covered by the order dated 19.7.2011 passed by Hon'ble Division Bench of this Court in a bunch of matters led by D.B.Civisl Special Appeal (Writ) No.03134/2011. The operative portion of the order dated 19.7.2011 is reproduced hereinbelow for the sake of convenience:-
"We need not go into the question whether RPSC has recognized the qualification of 10th pass and BAP course as equivalent to Senior Secondary or not. Material is lacking in that regard. Whatever that may be, we need not go into that question as the other material on record is sufficient to come to the conclusion that the State Government has treated the qualification of 10th pass + BAP course from Kota Open University as equivalent to Senior [2] S.B.Civil Writ Petition No.8062/2009 Ganpat Lal Mali Vs. The State of Rajasthan & Ors.
Secondary for admission to BSTC Course. The two reasonings employed in the case of Suja Ram one that sufficient material was not placed before the Single Bench and second that the State Government has not taken any decision on the matter of equivalence of the qualification of 10th pass + BAP course with Senior Secondary Examination in view of State Government order dated 3.5.2002/9.5.2002 do not survive. The requisite material has been placed before the Single Bench in subsequent writ applications, which have been allowed by Single Benches. No order contrary to circular dated 9.5.2002 based on government order dated 3.5.2002, issued by the State Government has been placed on record to show that the State Government has decided not to treat the qualification of 10th pass + BAP course from Kota Open University equivalent to Senior Secondary Examination for admission to BSTC course. Once BSTC has been done it has to be given effect to. On the contrary, it has been admitted that order of the State Government dated 03.05.2002 on the basis of which the Director, Elementary Education Rajasthan, Bikaner has issued circular dated 09.05.2002 still holds good."
As the controversy in the case at hand is admittedly covered by the above decision, the instant writ petition deserves to be and is hereby accepted and the respondents are directed to consider the candidature of the petitioner for promotion to the post of Banking Assistant in light of the ratio of the above judgment.
No order as to costs.
(SANDEEP MEHTA), J.
/tarun/