Dismissed

Karan Singh v. Raj. Public Service Commi., Ajmer andORS

Rajasthan HC4 Feb 2015SAW/703/2014

Case brief

AI extract

What is this about?

The High Court dismissed the appeal of an appellant who challenged his rejection from the post of Physical Training Instructor Grade-III. The court held that the appellant's qualification of Adeeb-E-Mahir was not declared equivalent to the required Senior Secondary School certificate by the State Government under the relevant Rules of 1971.

What did the court decide?

The appeal preferred by the appellant is dismissed.

Karan Singh Vs Raj. Public Service Commi… — Pension and Retirement Benefits | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.703/2014 (KARAN SINGH V/S RPSC & ANR. ) ***

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DATE OF ORDER

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04.02.2015

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HON'BLE MR. GOVIND MATHUR, J HON'BLE MISS JAISHREE THAKUR, J

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Mr.J.S.Bhaleria for the appellant. Mr.Khet Singh for Mr.Tarun Joshi for respondents No.1 & 2. Mr.Jayant Joshi for respondent No.3.

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This appeal is preferred to question correctness of the judgment dated 14.03.2014 passed by learned Single Bench dismissing the petition for writ (S.B.Civil Writ Petition No.7324/2013) preferred by the appellant-petitioner.

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In brief, the facts of the case are that the respondents invited the applications from the eligible candidates to be considred for appointment as Physical Training Instructor Grade-III, a post under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as the 'Rules of 1971'). The appellantpetitioner considering himself eligible to be considered for appointment on the post aforesaid submitted an application but his candidature was rejected on the count that he was not having qualification equivalent to Senior Secondary School Examination certificate given by the Board of Secondary Education Rajasthan,

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Ajmer. The appellant-petitioner being aggrieved by the decision of the respondents approached this court way of aforesaid petition for writ that came to be rejected by the judgment impugned dated 14.03.2014.

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The claim of the appellant-petitioner is that he is having qualification of Adeeb-E-Mahir from Jamia Urdu, Aligarh which was declared equivalent to Senior Secondary School Examination certificate by the Government of Rajasthan and that recognition remained in currency till issuance of the notification dated 05.07.2011 (Annex.12). As per learned counsel for the appellant, the appellant-petitioner obtained the qualification aforesaid in the year 2008. As such, he is having requisite qualification.

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We do not find any merit in the argument advanced. As per the provisions of the Rules of 1971, an aspirant to be considered for Physical Training Instructor is required to have Senior Secondary School Examination certificate from the Board of Secondary Education recognized by the Government of Rajasthan or equivalent examination recognized by the Government of Rajasthan with five subjects, three of them should Mathematics, English and Hindi with a certificate in physical education or diploma of physical education or degree in physical education. The qualification of Adeeb- E-Mahir has not at all been declared equivalent by the State Government to the qualification of Secondary School Examination certificate. The

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reference given in the broacher by the Board of Secondary Examination, Rajasthan cannot be treated as recognition given by the State Government to the qualification of Adeeb-E-Mahir from Jamia Urdu, Aligarh as equivalent to the qualification of Senior Secondary School Examination certificate from the Board recognized by the Government of Rajasthan. The learned counsel fo the appellant utterly failed to point out any notification issued by the Government of Rajasthan declaring the qualification aforesaid as equivalent to Senior Secondary School Examination certificate. As such, we do not find any wrong with the judgment of the learned Single Judge that may warrant any interference by this court. The appeal is dismissed accordingly.

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[JAISHREE THAKUR],J. [GOVIND MATHUR], J.

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Anil Singh

Karan Singh v. Raj. Public Service Commi., Ajmer andORS

Case brief

What is this about?

What did the court decide?

Karan Singh v. Raj. Public Service Commi., Ajmer andORS

Case brief

What is this about?

What did the court decide?

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