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2025 DAILYLAW 3913 (RAJ)

SUMAN D/O SHRI SUKH RAM v. THE STATE OF RAJASTHAN

CW/781/2025 · 2025-05-01

Anand Sharma, Shree Chandrashekhar

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:18305-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 781/2025 1. Suman daughter of Shri Sukh Ram, Aged About 28 Years, resident of Dudhji Ka Bas, Sirasana, District Nagaur, Rajasthan. 2. Sunil Kumar son of Shri Onkar Mal, Aged About 32 Years, resident of Agwana Khurd, District Jhunjhunu, Rajasthan. 3. Ramjan Khan son of Shri Suban, Aged About 27 Years, resident of Mev Mohalla, Po Nagar, District Bharatpur, Rajasthan. 4. Nandan Sharma son of Shri Tulshi Ram Sharma, Aged About 25 Years, resident of Hanuman Chok, Jayal, District Nagaur, Rajasthan. ----Petitioners Versus 1. The State Of Rajasthan, Through Its Secretary, Education Department, Govt. Of Rajasthan, Government Secretariat, Jaipur. 2. The Director, Primary Education, Rajasthan, Bikaner. 3. The Co-Ordinator, Rajasthan Eligibility Examination For Teacher, Ajmer Rajasthan. 4. The Secretary, Board Of Secondary Education, Ajmer, Rajiv Gandhi Vidhya Bhawan, Madhyamic Shiksha Board Colony, Civil Line, Ajmer, Rajasthan. 5. National Council For Teacher Education, Hans Bhawan, Wing 2, 1 Bahadur Shah Zafar Marg, New Delhi- 110002 Through Secretary 6. Rehabilitation Council Of India, B-22, Qutub Institutional Area, New Delhi-110016 Through Secretary. ----Respondents For Petitioner(s) : Mr. Raghu Nandan Sharma, Adv. For Respondent(s) : Mr. Vigyan Shah, AAG with Ms. Tanisha Pant, Adv. Ms. Madhu Meena, Adv. For Mr. Vinod Kumar Gupta, Adv. [2025:RJ-JP:18305-DB] (2 of 3) [CW-781/2025] HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE ANAND SHARMA Order 01/05/2025 This writ petition was filed with the following prayers:- “i) By an appropriate writ, order or direction in the nature thereof thereby, may kindly declare the ultra-virus the provision which was made in the Notification dated 24-09-2024, whereby, the then (earlier) existing clause (3) of Rule 266 and Schedule-I appended to the Rajasthan Panchayati Raj Rules, 1996 (further referred as "Rules, 1996") was substituted by the new clause(3) appended, of Rule 266 and wherein, "B.Ed. Education recognized by Schedule-I in Special Rehabilitation Council Of India, which is mandatory to pass in the specific disability category mentioned in the corresponding post”. ii) By an appropriate writ, order or direction in the nature thereof thereby, may kindly declare the ultra-virus the notification dated 29-07-2011 issued by National Council of Teacher Education (NCTE) to the extent of prescribed the qualification for the post of Teacher Grade-III Level-II (Special Education) wherein only B.Ed. in special education was prescribed the qualification. iii) By an appropriate writ, order or direction in the nature thereof thereby, may kindly be quashed and set aside the advertisement dated 12-12- 2024, wherein, the qualification for appointment as teacher for the post of Teacher Grade-III Level-II was prescribed, whereby, for the post of Special Teacher grade-III Level-II, the qualification was mentioned as "Graduation or Post Graduation with at least 50% marks and B.Ed. (Special Education) passed of appearing in B.Ed. (Special Education)", iv) By an appropriate writ, order or direction in the nature thereof thereby, directed to the respondents to declare the petitioners eligible and qualified for the post of Special Teacher Grade-III Level-II. v) By an appropriate writ, order or direction in the nature thereof thereby, directed to the respondents to treat the eligible and qualified the candidates who possessing the qualification as "Graduation, B.Ed. in General Education and Two years Diploma in Elementary Education" vi) By an appropriate writ, order or direction in the nature thereof thereby, directed to the [2025:RJ-JP:18305-DB] (3 of 3) [CW-781/2025] respondents permitted to the petitioners to participated in the REET examination 2024. vii) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioners.” 2. Mr. Raghu Nandan Sharma, the learned counsel for the petitioners, tenders a copy of the notification dated 19th March 2025 which is taken on record states that in view of the amendment carried out vide notification dated 19th March 2025, the petitioners are not inclined to prosecute this writ petition any further. 4. As stated by the learned counsel for the petitioners, D.B. Civil Writ Petition No. 781/2025 is dismissed as withdrawn. 5. Pending application(s), if any, shall stand disposed. (ANAND SHARMA),J (SHREE CHANDRASHEKHAR),J HEENA/MAHIMA/16