Dismissed

State of Rajasthan v. Manisha Rani

Rajasthan HC10 Dec 2018SAW/1876/2018

Case brief

AI extract

What is this about?

Special Appeal filed by the State challenging the Single Judge's decision granting relief in a writ petition. The Division Bench previously upheld the eligibility of candidates choosing English as a compulsory subject. High Court upheld the lower court's view as per Supreme Court's dismissal of SLP.

What did the court decide?

Special Appeal dismissed based on reasoning of Single Judge and Supreme Court's SLP dismissal.

State of Rajasthan Vs Manisha Rani — Education and Admissions | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 1876/2018

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State Of Rajasthan, Through Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

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Principal Secretary Education Department (Elementary), Government Of Rajasthan Secretariat, Jaipur.

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The Director/Commissioner Elementary Education Rajasthan, Bikaner.

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Chief Executive Officer Zila Parishad Sriganganagar, Dist. Sri Ganganagar.(Raj)

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----Appellants

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Versus

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Manisha Rani D/o Jagdish Chander, Aged About 25 Years, R/o 13 Kld, Kundal, Tehsil Khajuwala, Dist. Bikaner (Raj.).

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Jawahar Singh S/o Kirori Lal, Aged About 33 Years, R/o Near Subhash Colony Ward No. 3, Firozpur Jhirka, District Mewat, Hariyana.

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Anita Yadav D/o Ramniwas, Aged About 31 Years, Dhani Bawari, Sirohi Nadi, Post Sirohi, Tehsil Nim Ka Thana, District Sikar, Raj.

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Parveen Kumar S/o Kundan Lal, Aged About 35 Years, Village Chandeli Ka Bas, Post Cholasari, Tehsil Danta Ramgarh, District Sikar (Raj.).

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Kalpesh Yadav S/o Yaswant Singh, Aged About 25 Years, Vilage Lalpur, Post Ujoli, Tehsil Kotkasim, District Alwar Raj.

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Sunil Kumari D/o Attar Singh, Aged About 32 Years, Behind Panchayat Samiti, Ward No. 22, Tehsil Chirawa, District Jhunjhunu, Raj.

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Seema Kumari D/o Mahendra Singh, Aged About 33 Years, Village And Post Tamrer, Tehsil Kumher, District Bharatpur, Raj.

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Ashu Rani D/o Ashok Kumar, Aged About 34 Years, H.no. 80 B, Street No. 2 Setia Colony, Sriganganagar (Raj.).

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Asha Rani D/o Sunder Singh, Aged About 34 Years, Ward No. 6, Gajsinghpur, Tehsi Padampur, District Sriganganagar (Raj.)

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(2 of 3)

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[SAW-1876/2018]

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Kiran Sharma D/o Duli Chand Sharma, Aged About 32 Years, H.no. 39, Bhardwaj Colony, Meera Chowk, Sriganganagar (Raj.)

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----Respondents

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For Appellant(s) : Mr.P.R.Singh, A.A.G. For Respondent(s) : Mr.Sushil Bishnoi

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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10/12/2018

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Relief has been granted to the writ petitioners on the reasoning by the learned Single Judge that since they had taken English as a compulsory subject in graduation they will be eligible to be appointed as a Teacher Grade-III (Level-2) for subjectEnglish because those who studies English subject as a compulsory subject in graduation course and the requirement is of the subject as an optional subject.

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This very issued was decided by a Division Bench of this Court in D.B.Special Appeal (Writ) No.598/2018, State of Rajasthan & Anr. Vs. Deepak Bariya & Ors., the reasoning reads as under:-

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“ 1. Heard learned counsel for the appellant.

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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.

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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.

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4. It is trite that a rule has to be applied meaningfully and practically. The reason behind a rule needs to be

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(3 of 3)

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[SAW-1876/2018]

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ascertained to give meaning to a Rule.

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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.

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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.

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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.

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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.

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9. The writ appeal is dismissed in limine.”

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Special Leave to Appeal (C) No.24325/2018 against the said decision has been dismissed by the Supreme Court on 14.09.2018.

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The instant appeal is accordingly dismissed.

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(DR. PUSHPENDRA SINGH BHATI),J (PRADEEP NANDRAJOG),CJ

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5-Kshama Dixit/-

State of Rajasthan v. Manisha Rani

Case brief

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State of Rajasthan v. Manisha Rani

Case brief

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