[2025:RJ-JP:22102] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12164/2024 Manju Bala D/o Lalaram, Aged About 36 Years, R/o Village Naghori, Neemrana District Alwar Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Panchayat Raj (Elementary Education) Government Of Rajasthan, Government Secretariat Jaipur. 2. Director Elementary Education, Rajasthan Bikaner. 3. Raiasthan Staff Selection Board, State Agriculture Management Institution Premises, Durgapura, Jaipur Rajasthan Through Its Secretary 4. District Education Officer (Hq), Elementary Education Barmer. 5. Development Officer, Panchayat Samiti Barmer, District Barmer 6. Government Upper Primary School, Kesar Singh Ki Dhani (497458) (08170632005) Adarsh Chuli, Chuli District Barmer. ----Respondents For Petitioner(s) : Ms. Sudesh Panwar For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/05/2025 1. Instant civil writ petition under Article 226 of the Constitution of India has been filed by petitioner, feeling aggrieved by not allowing joining to the petitioner on the post of Teacher Grade III Level I, pursuant to her appointment order dated 29.09.2023, [2025:RJ-JP:22102] (2 of 3) [CW-12164/2024] whereby and whereunder she was required to join at Government Upper Primary School, Kesar Singh Ki Dhani, Adarsh Chuli, Chuli District Barmer. Such appointment has been offered to petitioner, pursuant to Advertisement dated 16.12.2022. 2. In reply to the writ petition, respondents have assigned the reasons, for not allowing joining, that petitioner passed the secondary examination through supplementary exam. In the supplementary exam, minimum passing marks is 50 and after counting the minimum passing marks, petitioner scored 44.76% whereas the minimum requisite percentage is 45% as per the eligibility criteria, prescribed in the Advertisement itself. 3. Counsel for petitioner submits that in the supplementary exam of secondary examination, petitioner obtained 52 marks, therefore, respondents ought to have counted actual obtained marks of petitioner i.e. 52 and not the minimum passing marks i.e. 50. Learned counsel submits that if actual obtained marks 52 in the supplementary exam of secondary examination is counted, then the petitioner fulfills the minimum requisite percentage of 45% and becomes eligible to join. 4. The issue in respect of considering the actual marks obtained in supplementary examination of secondary instead of minimum passing marks, has been considered in detail by the Coordinate Bench of this Court at Principal seat Jodhpur in S.B. Civil Writ Petition No.12970/2015 titled as 'Pradeep Singh Vs. The State of Rajasthan & Ors.' and in an another connected writ petition vide order dated 08.03.2016. The Coordinate Bench after extensive discussion and taking into consideration the previous judicial pronouncements, held that the actual marks obtained by [2025:RJ-JP:22102] (3 of 3) [CW-12164/2024] the petitioner in supplementary examination be taken into account to consider the candidature of petitioner for appointment on the post of Nurse Grade II. The ratio decidendi of judgment has been affirmed by the Division Bench in D.B. Civil Special Appeal (Writ) No.578/2016 vide order dated 14.09.2016. 5. Learned counsel appearing on behalf of respondents, does not dispute the ratio decidendi as expounded by the Coordinate Bench of this High Court in case of Pradeep Singh (supra) which stands affirmed by the Division Bench referred hereinabove. 6. In view of above, respondents are under legal obligation to consider the actual marks i.e. 52 (instead of minimum passing marks 50), obtained by petitioner in the supplementary exam of secondary examination. Indisputably, after taking into account 52 marks of petitioner, she scores 45% and fulfills eligibility criteria for appointment on the post in question, as prescribed in the Advertisement itself. 7. The appointment order dated 29.09.2023 has already been issued in favour of petitioner. 8. Thus, respondents are directed to allow joining of petitioner on the post of Teacher Grade III Level I, pursuant to appointment order dated 29.09.2023 at Government Upper Primary School, Kesar Singh Ki Dhani, Adarsh Chuli, Chuli District Barmer, within a period of 30 days from today. 9. Accordingly, the writ petition stands allowed. 10. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/163-S