Court disposed of four writ petitions challenging appointments to Upper Primary Sanskrit Teachers posts for candidates without Varishtha Upadhyaya qualification, relying on a prior single bench order already upholding by Division Bench that such candidates are ineligible.
None granted; petitions disposed of in view of prior holdings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
1.SB Civil Writ Petition No. 1634/2010
Uma Kant Dadhich & ors Vs State of Rajasthan & ors
2.SB Civil Writ Petition No. 14538/2009
Chetram Meena & ors Vs State of Rajasthan & ors
3.SB Civil Writ Petition No. 4701/2009 Dr AP Verma Vs The State of Rajasthan
4.SB Civil Writ Petition No. 16207/2009
Murari Lal Sharma & ors Vs State of Rajasthan & ors
4.8.2011
HON'BLE MR. JUSTICE MN BHANDARI
Mr Mohit Soni for Mr Rajendra Soni - for the petitioners
Mr Ganesh Meena, Government Counsel – for respondents
Mr Shantanu Kumawat for Mr SN Kumawat - for RPSC BY THE COURT:
Since above mentioned writ petitions involve similar
controversy, hence, heard together and decided by this common order.
Prayer of the writ petition No.1634/2010 read thus -
“By issuing an appropriate writ, order or direction the respondents be directed not to make appointment on the post of upper primary Sanskrit
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Teachers Gr. III against amended advertisement dated 2.9.2008 of any candidate belonging to general stream i.e. Sr Secondary and who has not passed Varishtha Upadhyaya examination and the respondents be further directed to consider the candidature of the petitioners as per their merit by modifying the result dated 3.10.2009 by not including any candidate from general stream for appointment on the post of upper primary Sanskrit teachers and be appointed on the aforesaid posts of upper primary Sanskrit teacher Gr. III against advertisement dated 2.9.2008 with all consequential benefits.”
The prayer quoted above shows that writ petitions have been filed under apprehension that candidates not possessing qualification of Varishtha Upadhyaya may be considered and appointed on the post of Upper Primary Sanskrit Teachers Gr III.
This court issued notices accordingly. In the meanwhile, writ petition No. 4882/2010 Kaushal Kumar Sharma & ors Versus State of Rajasthan & ors”, with other 150 writ petitions, were decided by this court on 10.1.2011, holding that a candidate not in possession of the qualification of Varishtha Upadhyaya would not be eligible for the above post. The judgment aforesaid has already been upheld by the Division Bench of this court.
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In the light of the aforesaid, the relief prayed for has already been granted to the extent that appointment to unqualified candidates has not been given, rather, their petitions have already been dismissed. Since petitioners are not coming in the merit list of selected candidates, hence, remaining prayed cannot be granted.
In view of above discussion, all the writ petitions stand disposed of.
(MN BHANDARI), J.
bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-JW
2 issues framed by the court
Whether petitions challenging appointments to the post of upper primary Sanskrit Teachers because candidates lacked Varishtha Upadhyaya qualification require fresh adjudication.
Whether the previous single judge order holding lack of qualification as disqualifying remains applicable to these petitions.
Uma Kant Dadhich & ors
Chetram Meena & ors
Dr AP Verma
Murari Lal Sharma & ors
State of Rajasthan
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
