Rajasthan High Court - Jodhpur
State Of Rajasthan & Anr vs Deepak Bariya & Ors on 4 April, 2018
Bench: Chief Justice, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal (Writ) No. 598 / 2018
1. State of Rajasthan, Through the Secretary, Department of
Education, Government of Rajasthan, Jaipur.
2. The Dy. Director, Secondary Education, Udaipur Division,
Udaipur.
----Appellants
Versus
1. Deepak Bariya S/o Shri Deva Bariya, Resident of Village
Goeka Bariya, Tehsil- Kushalgarh, District- Banswara
(Rajasthan).
2. Rajasthan Public Service Commission, Ajmer- Through Its
Secretary.
3. Kailash Bariya S/o Shri Bhura Bariya, Village Bawaliya Pada,
Post- Bassi, Tehsil- Kushalgarh, District- Banswara
(Rajasthan).
----Respondents
_____________________________________________________
For Appellant(s) : Mr. B.L. Bhati, G.C.
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 04/04/2018 Civil Misc. Application No.330/2018 and Special Appeal (Writ) No.598/2018:
1. Overlooking the delay in filing the appeal, we are constrained to dismiss the appeal on merits for the reason the impugned order dated 26.05.2017 was also challenged by the RPSC. D.B. Special Appeal (Writ) No.528/2018 filed by the RPSC was dismissed by this Bench on 07.03.2018. The order is as under:
" Civil Misc. Application No.292/2018:
1. For the reasons stated in the application delay of (2 of 2) [SAW-598/2018] 73 days in filing the appeal is condoned.
2. The application is disposed of. Special Appeal (Writ) No.528/2018:
1. Heard learned counsel for the appellant.
2. Issue which arises for consideration is whether a candidate who opts for a subject as a compulsory subject in graduation Course would be ineligible in terms of the qualification prescribed by the appellant which states that the candidate should have cleared a Graduation Degree in the concerned subject with English as an optional Subject.
3. The respondents have a graduation degree which shows that he had chosen English as a compulsory paper in the First, Second and Third Year of the three years Graduation Course.
4. It is trite that a rule has to be applied meaningfully and practically. The reason behind a rule needs to be ascertained to give meaning to a Rule.
5. As is known to one and all a person who clears Bachelor of Arts, Graduation Examination can opt for various disciplines such as History, Geography, Political Science, Social Science, English, Hindi, Psychology etc.
6. The University has given option to the candidates to opt for compulsory and optional Subject. The reason is a person desirous of acquiring better knowledge, to say History and Political Science, opts for the two as compulsory Subject and for others as optional subject.
7. The idea behind the rule in question framed by the appellant is to ensure that the candidate concerned has adequate knowledge in the Subject for which the candidate offers candidature to be appointed as a Teacher.
8. Since the respondent have opted for English as a compulsory subject in the graduation Course, the object of the rules is satisfied. Thus, we find no infirmity in the view taken by the learned Single Judge. The impugned order dated 26.05.2017 is upheld.
9. The writ appeal is dismissed in limine."
2. The appeal is accordingly dismissed.
(VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ.
Mohit Tak