Dismissed¶35

Raj Kamal Daiya S/O Rameshwar Lal v. the State of Rajasthan

Rajasthan HC11 Feb 2026CW/25848/2018

Case brief

AI extract

What is this about?

Teacher Grade-III (Level II) (English) recruitment 2018; clause 9.1B advertisement 31.07.2018; notification 21-02-2018; relevant subject in Graduation vs teaching course B.Ed. D.El.Ed.; RTET/REET eligibility; Upper Primary Teacher minimum qualifications; RTE Act 2009 S. 23(i); ultra vires Constitution; Rajasthan Panchayati Raj Rules 1996; writ petition dismissed as infructuous by efflux of time; no interim order during pendency; petitioners absent; Hanumangarh (Bhadra); NCTE; Rajasthan High Court Jaipur DB; CW-25848/2018.

What did the court decide?

By efflux of time, the present writ petition has become infructuous. ¶34

Raj Kamal Daiya S/O Rameshwar Lal Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

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[2026:RJ-JP:6498-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 25848/2018

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Raj Kamal Daiya S/o Rameshwar Lal, Aged About 29 Years, Resident Of 65 Dr Vileg Post Of Gandhi Badhi Tehsil Bhadra District Hanumangarh

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Tarun Kumar S/o Mohan Lal, Aged About 25 Years, Resident Of Ward No. 22. L.b.s. School Tehsil Bhadra District Hanumangarh.

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Mukesh Kumar S/o Dhanraj Chouhan, Aged About 26 Years, Ward No. 22. L.b.s. School Tehsil Bhadra District Hanumangarh.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Elementary Education, Government Of Rajasthan, Secretariat, Jaipur.

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Director, Elementary Education Rajasthan Bikaner 3. National Council For Teachers Education (Ncte), Through Its Regional Director, Fourth Floor, Jeevan Nidhi-Ii Lic Building Bhawani Singh Marg Ambedkar Circle Jaipur 302005 Rajasthan.

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----Respondents

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For Petitioner(s)	: Nonepresent
For Respondent(s)	: Mr. Chinmaya Saxena, Assist.G.C. &
	Ms. Ritika Naruka, AAAG on behalf of
	Mr. S.S. Naruka,AAG

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HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA

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Order

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11/02/2026

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None present on behalf of the petitioner to argue the matter. 2. This writ petition has been filed by the petitioners with the following prayers:-

(2 of 3)

[2026:RJ-JP:6498-DB]

[CW-25848/2018]

“In these circumstances, it is, therefore prayed that this Hon'ble Court may be pleased to accept this writ petition and I. The impugned notification dated 21-022018 and impugned clause 9.1B of the advertisement dt. 31.07.2018 prescribing relevant subject in Graduation and Teaches Eligibility Examination (RTET/REET) and not in teaching course like B.Ed. and D.El.Ed. may kindly be declared illegal and arbitrary being ultravires to constitution of India and in violation to Right to Free And compulsory education Act. 2009 and therefore, same may kindly be quashed and set aside with all consequential benefit in the interest of justice.

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II. The respondents by appropriate writ, order or direction in the nature thereof may kindly be directed to: a) Amend the notification 21-02-2018 to provide "relevant subject" in Teachers Education program like B.ed. and D.EL.Ed. as one of the minimum qualification for selection and appointment on the post of Upper primery teacher U/s 23 (i) of the Act of 2009.

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b) Amend the impugned advertisement dt. 31-07-2018 for selection and appointment on the post of Upper Primery teacher and to remove the condition of relevant subject in RTET/REET examination for selection and appointment on the post of Upper Primery Teacher in languages.

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c) To treat petitioners as eligible for the post of Teacher Grade III (Level II) (English) for appointment under Rajasthan Panchayati Raj Rules 1996:

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d) To give appointment to the petitioners on the post of teacher Grade III (Level II) (English) with all consequential benefits;

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III. any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and

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(3 of 3)

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[2026:RJ-JP:6498-DB]

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[CW-25848/2018]