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State of Rajasthan Vs Prithvi Raj Songara — Education and Admissions | Rajasthan HC (2018)

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Rajasthan HC
2018
State of Rajasthan Vs Prithvi Raj SongaraState of Rajasthan v. Prithvi Raj Songara

Dismissed

State of Rajasthan v. Prithvi Raj Songara

Rajasthan HC11 Dec 2018SAW/1894/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur bench dismissed a D.B. Spl. Appl. Writ filed by the State of Rajasthan as withdrawn. The court observed that if the appellant wishes to challenge the impugned judgment dated 04.10.2018, they must file a separate review application decided as per law.

What did the court decide?

The appeal was dismissed as withdrawn with the observation that a review application challenging the impugned judgment should be filed and decided as per law.

What the court decided

AI extract

Outcome

The appeal was dismissed as withdrawn with the observation that a review application challenging the impugned judgment should be filed and decided as per law.

Issue for consideration

Whether to dispose of the special leave petition filed by the State subsequent to the withdrawal of the appeal. +2 more

Detailed headnote1 paragraphs

The High Court dismissed the special leave petition as withdrawn. It observed that the appellant can challenge the impugned judgment dated 04.10.2018 only by filing a review application before the learned Single Judge, which will be decided as per law. The court did not adjudicate on the merits of the eligibility criteria or the remand matters.

A compact analysis

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.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Spl. Appl. Writ No. 1894/2018

State Of Rajasthan, Through The Secretary Of Education Department, Government Of Rajasthan, Jaipur.

The Secretary, Department Of Panchayati Raj, Jaipur, Rajasthan.

The Director, Elementary Education, Bikaner, Rajasthan.

----Appellants

Versus

Prithvi Raj Songara S/o Shri Chena Ram Songara, Aged About 40 Years, R/onear Samas Talab, Peer Balakh, Nagaur, Rajasthan.

----Respondent

For Appellant(s) : Mr. Prithvi Raj Singh, AAG For Respondent(s) : -----------------

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

Order

11/12/2018

Counsel for the appellant states that it was argued before learned Single Judge that Prithvi Raj Songara did not have the requisite subjects in the graduation course and thus, he would be ineligible to be appointed as Teacher Grade III Level II.

On being asked learned counsel for the appellant is not able to tell us the subjects in question.

Be that as it may, since this aspect does not find a reference in the impugned decision, counsel seeks leave to withdraw the appeal so that the appellant can file a review application before the learned Single Judge.

(2 of 2)

[SAW-1894/2018]

Dismissing the appeal as withdrawn we simply observe that if appellant seeks a review of the impugned judgment dated 04.10.2018, the review application shall be decided as per law.

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

14-Anil/-

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether to dispose of the special leave petition filed by the State subsequent to the withdrawal of the appeal.
2.
Whether the appellant is entitled to file a review application challenging the impugned judgment.
3.
Whether the court should allow the withdrawal of the appeal and dismiss the same as withdrawn.

Parties & counsel

AI extract

appellant
State Of Rajasthan
respondent
Prithvi Raj Songara

Coram

AI extract

Pradeep Nandrajog
Pushpendra Singh Bhati

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 11 Dec 2018 · December
Registered: 4 Dec 2018
Case no.: SAW/1894/2018
CNR: RJHC010812682018
Topic: Education and Admissions
Bench: Pradeep Nandrajog Pushpendra Singh Bhati
Disposal: DISPOSED OF

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Cite this judgement

State of Rajasthan v. Prithvi Raj Songara, SAW/1894/2018 (RJ), decided on 11 December 2018.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Pradeep Nandrajog and Pushpendra Singh Bhati

Parties & counsel