Disposed

Lakshit Patidar S/O Lalit Patidar v. State of Rajasthan

Rajasthan HC10 May 2023CW/7172/2023

Case brief

AI extract

What is this about?

Petitioners challenging ineligibility for teacher appointment due to simultaneous diploma and degree were granted liberty to move a representation. Respondents directed to consider Apex Court judgments and decide by reasoned order within three weeks. Writ petition disposed.

What did the court decide?

Liberty to move representation within two weeks; Respondents to consider and decide by reasoned order within three weeks.

Lakshit Patidar S/O Lalit Patidar Vs State of… — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJP/010088]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 7172/2023

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Lakshit Patidar S/o Lalit Patidar, Aged About 21 Years, R/o Mukam Post Bori, Tehsil Garhi, District Banswara, Rajasthan.

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Chirag Patidar S/o Shri Kailash Patidar, Aged About 21 Years, R/o Mukam Post Boi, Tehsil Garhi, District Banswara, Rajasthan.

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Pratik Partidar S/o Shri Ramesh Patidar, Aged About 24 Years, R/o Gram Jasela Tehsil Galiyakot, District Dungarpur, Rajasthan.

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Aditya Joshi S/o Shri Natwar Lal Joshi, Aged About 22 Years, R/o Barodiya Tehsil Bagidora, District Banswara, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Additional Chief Secretary, Sanskrit Shiksha, Secretariat, Jaipur.

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Director, Sanskrit Shiksha, Shiksha Sankul, Jln Marg, Jaipur.

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Deputy Secretay, Elementary Education, Secretariat, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Sudhir Gupta For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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10/05/2023

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This writ petition has been filed by petitioners challenging the notice dated 6-1-2023 whereby on ground of obtaining Bachelor degree simultaneously with Diploma in Elementary Education they have been held ineligible for appointment to the post of Teacher Gr.III Level-1 pursuant to advertisement dated 276-2022.

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Counsel for petitioners submits that petitioners participated in selection process for the post of Teacher Gr.III Level-1 pursuant

(2 of 2)

[2023/RJJP/010088]

[CW-7172/2023]

to advertisement dated 27-6-2022 and find place in merit list but they have been held ineligible for appointment on ground obtaining Bachelor degree simultaneously with diploma as such decision has been taken by respondents conversation letter dated 9-4-2015. Counsel for petitioners submits that the issue of obtaining diploma and degree simultaneously has been considered by the High Court in case of Nirma Kumari Meena Vs. State of Rajasthan, SBCWP No.14228/2017 and relying on judgment of Apex Court in case of Kuldeep Kumar Pathak Vs. State of UP [AIR 2016 SC 251] it was held that there is no prohibition from taking simultaneous degree and diploma.

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Counsel for petitioner relying on an order of this court dated 4-2-2023 in SBCWP No.997/2023, Ranjit Kumar Damor Vs. State of Rajasthan , has prayed for liberty to petitioners to move representation before respondents with direction to respondents to consider the same in light of observations of the Apex Court.

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In view of aforesaid, petitioners are at liberty to move representations before respondents within a period to two weeks from today and respondents shall consider the same in view of observations of the Apex Court in case of Kuldeep Kumar Pathak (supra) and decide by a reasoned order within three weeks thereafter.

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The writ petition stands disposed of accordingly.

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Stay application and all other pending application(s), if any,

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also stand disposed of.

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(SUDESH BANSAL),J

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TN/29

Lakshit Patidar S/O Lalit Patidar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Lakshit Patidar S/O Lalit Patidar v. State of Rajasthan

Case brief

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