This Division Bench dismissed a Special Leave Petition against an order dismissing a Title Certificate Appeal. The Court relied on an earlier Division Bench decision and the Supreme Court's dismissal of a similar matter to uphold the lower court's order denying appointment as a teacher.
The instant appeal is dismissed in limine.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1900/2018
----Respondents
For Appellant(s) : Mr.P.R.Singh, A.A.G. For Respondent(s) : -------
(2 of 3)
[SAW-1900/2018]
HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/12/2018
“ 1. Heard learned counsel for the appellant.
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.
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.
4. It is trite that a rule has to be applied meaningfully and practically. The reason behind a rule needs to be ascertained to give meaning to a Rule.
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.
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.
(3 of 3)
[SAW-1900/2018]
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.
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.
9. The writ appeal is dismissed in limine.”
3 issues framed by the court
Whether the instant special leave petition requires any consideration given the Supreme Court's dismissal.
Whether the earlier Division Bench decision regarding English qualification as a compulsory subject remains binding.
Whether the writ petitioners are entitled to any relief after the Supreme Court dismissed the special leave petition.
Colour shows how this judgement treated each authority
State of Rajasthan & Anr. Vs. Deepak Bariya & Ors.Relied on¶25
State of Rajasthan & Anr. Vs. Deepak Bariya & Ors., D.B.Special Appeal (Writ) No.598/2018
State Of Rajasthan
Banti
Komal Devrath
Anand Singh
Pradeep Nandrajog
Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
