The High Court dismissed a writ petition challenging the denial of appointment for educators with qualifications from a non-recognized NTT institution in Jammu & Kashmir, relying on prior orders dismissing similar petitions.
Writ petition dismissed; pending applications disposed of; interim orders vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/002056]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 775/2021
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Mohan Singh Shekhawat For Respondent(s) : Mr. Salman Agha for Mr. Anil Kumar Gaur
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/01/2023
Learned counsel for the parties jointly submit that the controversy is squarely covered by the order passed by a coordinate Bench of this Hon’ble Court in Babita Kumari Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.166/2022; and other connected matters) on 27.07.2022, which reads as follows:
“These writ petitions have been filed by the petitioners aggrieved against denial of selection and appointment of the petitioners on the post of Pre Primary Education Teacher pursuant to the
(2 of 3)
[2023/RJJD/002056]
[CW-775/2021]
advertisement dated 21.08.2018 based on their qualification of NTT course from the State of Jammu & Kashmir.
Learned counsel appearing for the State submits that issue as raised in the present writ petition is squarely covered by order in Rohatash Sharma & Ors. Vs. State of Rajasthan & Ors.: SBCWP No.13899/2020, decided on 19.07.2022, wherein, the Bench at Jaipur in identical petitions, after hearing the parties has dismissed the writ petitions.
Learned counsel for the petitioners do not dispute the fact that issue raised is similar to that in the case of Rohatash Sharma (supra).
In the case of Rohatash Sharma (supra), a Coordinate Bench of this Court inter- lia observed and came to the following conclusion:-
“4. The grievance of the petitioners is that despite being higher in merit, the respondent(s) have not selected them on the ground that the certificate produced by them obtained from the Institution of Educational and Vocational Training from the State of Jammu and Kashmir is not a valid educational qualification for giving them appointment on the post in question.
“8. That in response to the above referred communication, by way communication no.DESK/CEW/NTT/2908-2910 dated 19.05.2022 the Personnel Officer, Directorate of School Education, Kashmir stated that as per reports revived from Chief Education Officers of all 10 districts of Kashmir Division no NOC has been issued by them for running any NTT Institution still date and no such institution is functional in the division as on date. Copy of Communication no. DESK/CEW/NTT/29082910 dated 19.05.2022 is annexed herewith and marked as Annexure-AA/14.”
6.Along with additional affidavit, the respondent(s)have also submitted the letter dated 19.05.2022 issued by the Government of Jammu & Kashmir wherein it has been mentioned as under;
(3 of 3)
[2023/RJJD/002056]
[CW-775/2021]
“Kindly refer to the above cited subject & reference. In this connection, I am to submit the information as desired vide above reference as under:
In view of the above, following the order in the case of Rohatash Sharma (supra) the writ petitions are dismissed.”
In view of the above, following the order in the case of Babita Kumari (supra), the present petition is dismissed in the same terms. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
111-Zeeshan
2 issues framed by the court
Whether relief should be granted despite the State certifying that the NT Institution run in Jammu & Kashmir does not have a Notification in Competence (NOC).
Whether the present petition is covered by previous orders dismissing similar writ petitions.
Colour shows how this judgement treated each authority
Babita Kumari Vs. State of Rajasthan & Ors.Referred¶16
Babita Kumari Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.166/2022); and other connected matters
Rohatash Sharma & Ors. Vs. State of Rajasthan & Ors.Applied¶22
Rohatash Sharma & Ors. Vs. State of Rajasthan & Ors.: SBCWP No.13899/2020
1 provisions across 1 enactments
Rahul Bamaniya
Reshama Kumari Ahari
State Of Rajasthan
The Director, Woman And Child Development Department, Rajasthan
The Secretary, Rajasthan Subordinate And Ministerial Services Selection Board
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
