The court disposed of the writ petition by allowing it to remain stayed, explicitly relying on a prior judgment by the same bench which held the requirement of a counter-signature by the District Education Officer to be illegal.
The writ petition and stay application are allowed in view of the judgment in Surajmal Jat & ors.
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.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR
ORDER
SB Civil Writ Petition No. 9825/2011
Rajesh Mohan Sharma Vs State of Rajasthan & ors 1.8.2011
HON'BLE MR. JUSTICE MN BHANDARI
Mr RP Saini - for the petitioner Mr Sharvan Gupta for Mr NA Naqvi, AAG – for the State BY THE COURT:
It is stated that the matter is covered by the judgment of this court in the case of “Surajmal Jat & ors versus State of Rajasthan & ors, S.B. Civil Writ Petition No.3229/09 (with other 32 writ petitions), decided on 8.12.2009. In the aforesaid judgment, condition regarding counter sign by the District Education Officer was held to be illegal though State Government was given liberty to verify the certificate of experience issued and if it is found to be incorrect then to take action against the candidate concerned. The prayer is accordingly to dispose of the writ petition in view of the aforesaid judgment.
Learned counsel for the State has not disputed the facts given above.
In the light of the aforesaid, this writ petition so as he stay application stand allowed in view of the judgment referred to above. The abovesaid judgment would also be applicable to this case.
(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 the writ petition needs to be disposed of in light of the judgment in Surajmal Jat & ors.
Whether the condition regarding counter sign by the District Education Officer is covered by the earlier judgment.
Colour shows how this judgement treated each authority
Surajmal Jat & ors versus State of Rajasthan & orsReferred¶7
Surajmal Jat & ors versus State of Rajasthan & ors, S.B. Civil Writ Petition No.3229/09
1 provisions across 1 enactments
Rajesh Mohan Sharma
State of Rajasthan
MN BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
