Dismissed

State of Rajasthan v. Suman

Rajasthan HC12 Dec 2018SAW/1901/2018

Case brief

AI extract

What is this about?

This Division Bench dismissed the Special Leave Petition against a division bench order which held that candidates opting for English as a compulsory subject in graduation are eligible for teacher appointment requiring English as an optional subject. The court relied on a prior decision and noted the SLP was dismissed by the Supreme Court.

What did the court decide?

The instant appeal is dismissed with the reasoning of the Division Bench in favor of candidate eligibility upheld.

State of Rajasthan Vs Suman — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Spl. Appl. Writ No. 1901/2018

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State Of Rajasthan, Through The Secretary Rural Development And Panchayat Raj Department, Government Of Rajasthan Secretariat, Jaipur, Rajasthan.

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

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The Director/ Commissioner, Elementary Education, Bikaner, Rajasthan.

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----Appellants

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Versus

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Suman D/o Madu Ram, Aged About 28 Years, R/o Ward No. 30, Near Meghwal Panchayat Bhawan, Sadulpur, Tehsil Rajgarh, Dist. Churu (Raj.).

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Sumita Miglani D/o Chander Prakash, Aged About 36 Years, R/o House No. 5/120, Gali No.6, Near Hisar Road, Dist. Sirsa (Haryana).

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Shallu Bishnoi D/o Jai Prakash Bishnoi, Aged About 34 Years, R/o 5/310, Royal Green Apartment, Sirsi Road, Jaipur (Raj.).

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Sunayna Bishnoi D/o Jai Prakash Bishnoi, Aged About 38 Years, R/o D/104, Rose Wood Apartment, Sirsi Road, Jaipur.

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Urmila Devi D/o Babu Singh,, Aged About 36 Years, R/o Plot No. 7, Sawroop Narayan Vatika, Jhotwara, Jaipur, Raj.

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Suman Bala D/o Ramkishan,, Aged About 30 Years, R/o Vpo Gudia, Tehsil Nohar, Dist. Hanumangarh (Raj.).

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Shailja D/o Bhalle Ram,, Aged About 31 Years, R/o Village Khayali, Post Office Narwasi, Tehsil Rajgarh, Dist. Churu.

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Krishan Kumar S/o Om Prakash,, Aged About 34 Years, R/o 127-28, Astha Apartment Bhartendu Nagar, Khatipura, Jaipur (Raj.).

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----Respondents

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

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(2 of 3)

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[SAW-1901/2018]

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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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12/12/2018

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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 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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(3 of 3)

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[SAW-1901/2018]

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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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16-Kshama Dixit/-

State of Rajasthan v. Suman

Case brief

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State of Rajasthan v. Suman

Case brief

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