Dismissed

Gatu Lal Ninama v. State of Rajasthan

Rajasthan HC11 Jul 2019SAW/384/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur, dismissed an appeal against the rejection of a single judge's order ruling an appellant ineligible for a teacher post due to a stipulated 50% marks requirement for admission after August 31, 2009. The appellant secured admission in November 2009.

What did the court decide?

The appellant's appeal was dismissed; the order of the single judge rejecting the writ petition was affirmed.

Gatu Lal Ninama Vs State of Rajasthan — Service and Employment | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 384/2019

¶3

Gatu Lal Ninama S/o Hirjee, Aged About 29 Years, R/o Village- Borpikhata, Tehsil Ghatol, District Banswara, Rajasthan.

¶4

----Appellant

¶5

Versus

¶6

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

¶7

Secretary, Department Of Rural And Panchayati Raj, Jaipur, Rajasthan.

¶8

Director, Elementary Education Department, Bikaner, District Bikaner, Rajasthan.

¶9

----Respondents

¶10

For Appellant(s) : Mr. Rajendra Choudhary for Mr. BS Deora For Respondent(s) :

¶11

HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA

¶12

Judgment

¶13

11/07/2019

¶14

The appellant’s grievance is that the Single Judge erroneously held him ineligible for appointment to the post of Teacher Grade-III Level II to which an advertisement was issued on 31.7.2008.

¶15

The appellant and several others (including Anil Kumar Trivedi ) had approached the Court claiming arbitrariness on the part of the State; a common judgment, which has been impugned in this appeal, as far as the present appellant is concerned, was delivered. The common judgment also disposed of SBCWP No.13590/2018 (filed by Anil Kumar Trivedi ) that became the subject matter of appeal, i.e. DB Special Appeal (Writ) No.514/2019 [ Anil Kumar Trivedi Vs. State of Rajasthan & Ors]. This Court dismissed the special appeal, after holding as follows:

¶16

(2 of 2)

¶17

[SAW-384/2019]

¶18

“5 In the present case, it is urged on behalf of the appellant that admission could be secured only in November as far as he is concerned because the process is prolonged and entailed different stages of counselling. Urging that discretion would ensue unless the Court intervenes, it was pointed out that in the same process of admission, other, who secured admission earlier were deemed eligible whereas the appellant was not. The second argument made was that the admission granted to some of the individuals was on the basis of marks which was less and that this would lead to arbitrariness in the process.

¶19

This Court is of the opinion that the reasons which persuaded the learned Single Judge to reject the writ petition are sound. Clearly, the eligibility indicated that those who secured admission after 31.08.2009 had to necessarily possess 50% marks. The appellant secured admission only in November, 2009. In the light of the clear stipulation, no other conclusion other than that taken by the learned Single Judge could have been arrived at.”

¶20

For the same reasons, we hold that there is no merit in the appeal,

¶21

which is accordingly dismissed.

¶22

(DINESH MEHTA),J (S. RAVINDRA BHAT),CJ

¶23

11-CPGoyal/-

Gatu Lal Ninama v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gatu Lal Ninama v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

State of Rajasthan Vs Indu Bala Kumawat and Ors.

Surendra Kumar Poonia Vs the University Grants Commission

Vijayanand Upadhyay Vs the University Grants Commission

Anila Vs the State of Rajasthan

Omprakash Vs State of Rajasthan

Manoj Kumar (Adopted) Vs Jodhpur Vidhyut Vitran Nigam Ltd.