Writ petition challenging eligibility criteria for teacher posts dismissed following a coordinate bench order holding that BPE degree holders are ineligible for PTI posts.
Writ petition, stay application and all pending applications dismissed.
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[2023:RJ-JP:38559]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12893/2018
----Petitioners
[2023:RJ-JP:38559]
[CW-12893/2018]
(2 of 3)
Station Sector – 10, New Delhi
----Respondents
For Petitioner(s) : Mr. Shyamsunder Sharma on behalf of Mr. Nitesh Kumar Garg For Respondent(s) : Mr.
HON'BLE MR. JUSTICE GANESH RAM MEENA Order
08/12/2023
Learned counsel for the petitioners submits that the issue involved in the present petition has been put to rest by the Coordinate Bench of this Court vide order dated 25.11.2022 passed in S.B. Civil Writ Petition No.8630/2021 (Rajendra Singh
Khichar vs. The State of Rajasthan & Ors.) .
By order dated 25.11.2022, the claim of the petitioners therein, which is identical to the present case, was not accepted by the Court and the writ petitions were dismissed.
The Coordinate Bench of this Court in case of Rajendra
Singh Khichar (supra) has observed as under:-
“19. Indisputably, either of the respondents who are holders of BPE (3 year degree) are not holding the qualification of BPEd, CPEd & DPEd which could make them eligible to participate in the selection process initiated in respect of the post of PTI Gr.II & Gr.III respectively and that being so, we find no justification in the submissions made and we are in conformity with the view expressed by the ld. Single Judge in holding that the holders of BPE (3 year degree) are not eligible for the post of PTI Gr.II and Gr.III under the Rules, 1971 & under the present advertisement, pursuant to which the selection process has been initiated Dt.18.09.2023.
Therefore, this Court is satisfied that the issue involved herein is no more res integra and stand decided by a co-ordinate Bench of this Court based on a Division
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[CW-12893/2018]
Bench judgment of this Court in case of Ganesh Narayanmali (supra) .”
In view of decision given by the Coordinate Bench of this Court in case of Rajendra Singh Khichar (supra) vide order dated 25.11.2022, this writ petition is also dismissed having no merits.
Since, the main petition has been dismissed, stay application and all pending application/s, if any, also stand dismissed.
(GANESH RAM MEENA),J
Satyendra/98
1 issue framed by the court
Whether a coordinate bench's order dismissing identical writ petitions is binding on the present petition.
Seema Bhati
Madhuri Singh Rathore
Narendra Singh Rathore
Mahendra Kumar
Dharam Pal
Mukesh Kumar Vaishnaw
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
