Allowed

State and Ors. v. Shanti Kumari Teli

Rajasthan HC12 Nov 2018SAW/681/2018

Case brief

AI extract

What is this about?

The Special Appeal Bench set aside the single judge's order dated 18.07.2017, allowing the respondent's writ petition on merit without a counter affidavit. The appeal was restored with a direction to grant the appellants an opportunity to file a counter affidavit before adjudication.

What did the court decide?

Impugned order dated 18.07.2017 set aside; Writ Petition No.7862/2017 restored for fresh adjudication after opportunity for counter affidavit.

State and Ors. Vs Shanti Kumari Teli — Education and Admissions | 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. 681/2018

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State of Rajasthan through the Secretary, Rural Development and Panchayati Raj Department, Government of Rajasthan, Secretariat, Jaipur.

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The Zila Parishad, District Bhilwara through its Chief Executive Officer.

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District Education Officer, Elementary Education, District Bhilwara.

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----Appellants Versus

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Shanti Kumari Teli D/o Shri Ghisa Lal Teli, Caste Teli, R/o V.P.O. Salawatiya, Tehsil Bijoliya, District Bhilwara.

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----Respondent

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For Appellant(s)	:	Mr.S.S.Ladrecha, A.A.G. assisted by Mr.Vikash Choudhary Ms.Sonakshi Lohiya
For Respondent(s)	:	Mr.Chandra Prakash Trivedi

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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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12/11/2018

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Civil Misc. Application No.373/2018 :-

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For the reasons stated in the application the delay in filing the appeal is condoned. The application is allowed.

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Special Appeal (Writ) No. 681/2018:-

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Impugned order dated 18.07.2017 has allowed the writ petition filed by the respondent on a very first date of it being listed. Impugned order notes the stand of learned counsel for the writ petitioner that the case of the writ petitioner was covered by a judgment dated 10.10.2012 in S.B.Civil Writ Petition

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(2 of 2) [SAW-681/2018]

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No.10128/2012, Smt.Raj Rani Vs. State of Rajasthan . The

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impugned order also notes that the appellants i.e. respondents in the writ petition were relying upon a decision dated 15.02.2017 in S.B. Writ Contempt Petition No.494/2013, Jay Narayan Pandia Vs. Rohit Gupta & Ors .

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Without discussing the facts of the two rival judgments cited the learned Judge has held that in his opinion the issue is covered by the decision in Raj Rani’s case.

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We find that on the issue of qualifying marks be there 45% or 50% at level of Graduation or Post Graduation there exists a Division Bench judgment dated 20.05.2011 in D.B. Civil Writ Petition No.3964/2011, Sushil Sompura & Ors. Vs. State (Education) & Ors., which takes note of a NCTE notification dated 27.09.2007 prescribing minimum qualifying marks in the requisite courses such as B.Ed., B.El.Ed. Etc. Said decision would have bearing on the claim of the respondent who admittedly cleared the B.Ed. examination in the year 2011.

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Since the appellants were denied the opportunity to file a counter affidavit, we dispose of the appeal setting aside the impugned order dated 18.07.2017.

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S.B.Civil Writ Petition No.7862/2017 is restored for adjudication afresh with a direction that the learned Single Judge would grant appellants an opportunity to file a counter affidavit. The decision would be taken afresh keeping in view the pleadings of the parties.

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

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Kshama Dixit/1

State and Ors. v. Shanti Kumari Teli

Case brief

What is this about?

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State and Ors. v. Shanti Kumari Teli

Case brief

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