[2025:RJ-JP:11834] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4655/2014 Bharat Kumar Rathore S/o Shri Hanuman Prasad Rathore, Ward No. 42, Badana, Rangpur Road, Kota Jn., Kota Rajasthan ----Petitioner Versus 1. State Of Rajasthan Through Secretary, Panchayati Raj Department, Secretariat, Rajasthan, Jaipur Rajasthan 2. Chief Executive Officer, Zila Parishad, Kota Rajasthan ----Respondents For Petitioner(s) : Mr. C.P. Sharma with Ms. Saddik Khan For Respondent(s) : Mr. Kapil Prakash Mathur, AAG with Ms. Sara Parveen HON'BLE MR. JUSTICE SAMEER JAIN Order 17/03/2025 1. The present petition is filed assailing the order dated 20.01.2014, whereby, respondents have rejected the candidature of the petitioner for the post of Teacher Grade-III, Level-II (Clause-6 to 8), on the ground of not possessing 45 percent marks in Bachelor degree (B.A degree). 2. In this background, learned counsel for the petitioner while placing reliance upon the terms and conditions of the advertisement has submitted that as per Clause/condition (3) of the advertisement (reflected at Page 40 of the petition), wherein, it is mentioned that 5 percent relaxation in the marks will be awarded in favour of SC/ST/OBC and other reserve category [2025:RJ-JP:11834] (2 of 3) [CW-4655/2014] candidates, therefore, as petitioner has applied under OBC category, thus, is entitled for 5 percent relaxation in marks. 3. Further, it is submitted that the petitioner possess requisite qualification as specified in the advertisement. Moreover, the petitioner is possessing B.Ed degree as per the norms of National Council for Teachers Education issued vide Notification dated 10.12.2007. 4. Lastly, reliance is placed upon the judgment passed in Ankul Singhal vs. State of Rajasthan reported in 2019(4) WLC Raj. 223, wherein, on akin factual matrix respondents therein were directed to consider the candidature of the petitioner therein, subject to fulfilling other eligibility requirements. 5. Per contra, learned counsel for the respondent has submitted that the petitioner has secured 41.88 percent marks in graduation course i.e., B.A., therefore, as per notification dated 31.08.2009, candidates under reserve category, seeking admission in the B.Ed course, need to possess the qualification with minimum 45 percent marks, and petitioner has taken admission in the B.Ed course for the session 2009-10, i.e., after the notification dated 31.08.2009. 6. Further, it is submitted that petitioner has taken admission in B.Ed course after issuance of notification dated 31.08.2009, therefore, the said degree obtained by the petitioner is not in consonance with the prescribed standards of the NCTE. Resultantly, the petitioner is not qualified to appointed on the said post. 7. It is further submitted that as on date no seats are lying vacant and selection process qua the said post is concluded long [2025:RJ-JP:11834] (3 of 3) [CW-4655/2014] back. Further, it is submitted that no interim order is operational qua the petitioner. 8. Furthermore, it is submitted that petitioner has not impleaded less meritorious candidates as a party in the present petition. 9. Heard and considered. 10. Considering the arguments advanced by the learned counsel for the parties, upon perusal of the records, taking note of the fact that advertisement pertains to the Year 2012, that as on date no interim order is operational qua the petitioner, that selection process qua the said post is concluded long back, that as on date no seats are lying vacant, this Court deems it apposite to dismiss the present petition. 11. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DIVYA /316