[2025:RJ-JP:20607] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 27/2010 Smt. Prabha Sharma W/o Shri Dhananjay Bhardwaj D/o Shri Omprakash Sharma, Chikna Fursh, Karauli, Distt. Karauli ----Appellant Versus 1. The State Of Rajasthan Through The Collector, Karauli 2. District Education Officer Secondary Education, Karauli 3. District Education Officer Primary Education, Karauli ----Respondents For Appellant(s) : Mr. J. P. Goyal, Senior Counsel with Ms. Simran Bhatnagar, Adv. For Respondent(s) : None Present HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 15/05/2025 This civil second appeal has been filed by the appellant- plaintiff (for short ‘the plaintiff’) against the judgment and decree dated 15.09.2009 passed by the Additional District Judge, Fast Track No.1, Karauli in Civil Appeal No.284/2007(19/06), whereby the appellate Court allowed the appeal filed by the respondents- defendants (for short ‘the defendants’) and set aside the judgment and decree dated 25.02.2006 passed by the Civil Judge, Junior Division, Karauli in Civil Suit No.124/03, by which the trial Court decreed the plaintiff’s suit for permanent injunction. Brief facts of the case are that plaintiff filed a suit for permanent injunction against the defendants and prayed that the defendant be directed to appoint the plaintiff as a Physical Teacher Grade-III. [2025:RJ-JP:20607] (2 of 3) [CSA-27/2010] Defendants filed the written statement and denied the averments made in the plaint and stated that the plaintiff was not entitled to be appointed as a Physical Teacher Grade-III. The trial Court had no jurisdiction to try the suit. So, suit filed by the plaintiff be dismissed. On the basis of pleadings of parties, the trial Court framed the following issues:- 1- vk;kokfnuh 'kkjhfjd f’k{kd r`rh; Js.kh ds in ij fu;qfDr o vc rd ds vko’;d lsok ykHk izkIr djus dh vf/kdkfj.kh gS\ 2- vk;k okfnuh O;kolkf;d f’k{kk ls gk;j lsd.Mjh ijh{kk mRrh.kZ gksus ls fu;qfDr izkIr djus dh vf/kdkfj.kh ugha gS\ 3- vk;k U;k;ky; gktk dks okn Jo.k dk vf/kdkj ugha gS\ 4- vk;kokfnuh }kjk okn nk;jh ls iwoZ /kkjk 80 lhihlh o fMek.M vkWQ tfLVl dh izfdz;k dk ikyu ugha fd, tkus ls okn iks"k.kh; ugha gS\ 5- vuqrks"k\ To prove its case, plaintiff got herself examined as PW-1- Smt. Prabha Sharma. Defendants had not adduced any evidence and only filed an affidavit. After hearing the parties, the trial Court vide judgment and decree dated 25.02.2006, decreed the suit filed by the plaintiff and holding her entitled to get appointment as a Physical Teacher Grade-III according to the merit list and on the basis of roster point system, with all consequential benefit from the date of appointment. However, her seniority was directed to be maintained as per the seniority list. Defendants assailed the said judgment and decree passed by the trial court by way of appeal. The appellate court vide judgment and decree dated 15.09.2009 allowed the appeal filed [2025:RJ-JP:20607] (3 of 3) [CSA-27/2010] by the defendants and set aside the judgment and decree dated 25.02.2006. Learned Senior Counsel for the plaintiff submits that the appellate court had committed an error in allowing the appeal filed by the defendants and dismissed the suit filed by the plaintiff. Appellate court had not appreciated the evidence led by the plaintiff. Defendants had not adduced any evidence. So, judgment and decree dated 15.09.2009 passed by the appellate court be set aside and appeal filed by the plaintiff be admitted on the substantial questions of law mentioned in the appeal.. Despite service of notice, none has appeared on behalf of the defendants. I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned judgments. While allowing the appeal, the appellate court in its judgment clearly mentioned that the plaintiff was not entitled to be appointed as a Physical Teacher Grade-III because she had not done the Bridge Course and the suit was filed by her after a lapse of 4 years from the date of issuance of notification. So, in my considered opinion, appellate court had not committed any error in setting aside the judgment and decree passed by the trial court. So, no substantial question of law is made out for admitting the present appeal. So, the present appeal filed by the plaintiff being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Jatin /32