A School Lecturer (English) candidate who completed her Post Graduation on 13.09.2016, after the written examination dated 21.07.2016, sought appointment treating her as eligible. Following the coordinate bench decision in Kuldeep Singh and its Division Bench affirmation, the writ petition was dismissed.
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[2024:RJ-JP:21493]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1354/2024
Rekha D/o Om Prakash, Aged About 36 Years, R/o Mechu, Ward No. 17, Behind Rani Sati Mandir, Near Rajasthan Hostel Swimming Pool, Pilani, District Jhunjhunu, Rajasthan.
----Petitioner
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA Order
07/05/2024
The petitioner has filed this petition with a prayer to issue direction to the respondents to give appointment to her on the post of School Lecturer (School Education) English by treating her to be eligible.
Learned counsel for the petitioner submits that the date of written competitive examination was 21.07.2016 and the petitioner completed his Post Graduation on 13.09.2016 before the declaration of result of the written examination and therefore, she may be treated to be eligible for selection and appointment to the post of School Lecturer pursuant to advertisement dated 16.10.2015.
Considered the submissions made by the counsel for the petitioner.
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[CW-1354/2024]
(2 of 3)
The issue which requires consideration is that what should be the relevant date for considering the candidature in respect of eligibility for recruitment to the post of School Lecturer, English pursuant to the advertisement dated 16.10.2015.
As per the provisions of the relevant Service Rules, a candidate can submit an application for recruitment to the post of School Lecturer if he/she is appearing in the final year examination of the Educational Qualification. However, he has to submit the proof of passing the examination as on the date of written competitive examination.
As per the facts referred in the written competitive exam, the written examination for recruitment to the post of School Lecturer was conducted on 21.07.2016 whereas, admittedly the petitioner has completed his Master of Arts (M.A.) i.e. her Post Graduation on 13.09.2016 which is subsequent to the date of written examination.
The issue raised in the present petition is squarely covered by the judgment dated 23.08.2023 passed by the Coordinate Bench of this Court in S.B. Civil Writ Petition No.5773/2023; Kuldeep Singh & Anr. Vs. The State of Rajasthan & Ors. which has also been upheld by the Division Bench of this Court in D.B. Special Appeal (Writ) No.93/2024; Rajkumar Meena Vs. The State of Rajasthan & Ors. on 23.01.2024.
In case of Kuldeep Singh (supra) the Coordinate Bench of this Court has observed as under:
“The upshot of above discussions and reasonings made hereinabov is that writ petitioners may not be treated as eligible for want of not acquiring the requisite educational qualification before or upto the cut off, date as fixed by the
(3 of 3)
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[CW-1354/2024]
RPSC, in advertisement itself for consideration of their candidature on merits for the post of Lecturer-School Education in respective subject pursuant to advertisement dated 28.04.2024.”
In view of above discussion, this Court finds no merit in the present petition, hence, same is dismissed.
Since the main petition has been dismissed, the stay application and pending application/s, if any, also stand/s dismissed.
(GANESH RAM MEENA),J
Satyendra/35
1 issue framed by the court
Whether a candidate who completed her Post Graduation after the date of the written competitive examination is eligible for appointment as School Lecturer (English).
Colour shows how this judgement treated each authority
Kuldeep Singh & Anr. Vs. The State of Rajasthan & Ors.Followed¶22
S.B. Civil Writ Petition No.5773/2023; Kuldeep Singh & Anr. Vs. The State of Rajasthan & Ors.
Rajkumar Meena Vs. The State of Rajasthan & Ors.Relied on¶22
D.B. Special Appeal (Writ) No.93/2024; Rajkumar Meena Vs. The State of Rajasthan & Ors.
Rekha D/o Om Prakash
The State of Rajasthan, through Principal Education Secretary
The Director, Secondary Education, Rajasthan, Bikaner
The Secretary, Rajasthan Public Service Commission, Ajmer
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
