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2025 DAILYLAW 42710 (RAJ)

BINDAR SINGH SON OF DARSHAN SINGH v. STATE OF RAJASTHAN

CW/16953/2025 · 2025-11-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:46362] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16953/2025 Bindar Singh Son Of Darshan Singh, Aged About 42 Years, R/o Plot No. 97 Bosch Enclave, Chatarpura Dantli, District Jaipur, Rajasthan - 302012 ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary Department Of Skill Development Government Of Rajasthan, Secretariat, Janpath, Jaipur. 2. The Directorate, Technical Education Rajasthan Jodhpur. W-6 Residency Road Jodhpur - 342001 3. Rajasthan Staff Selection Board, Through Secretary, Rajya Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur-302018 ----Respondents For Petitioner(s) : Mr. Arvind Kumar Sharma For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/11/2025 1. Instant writ petition has been filed with the following prayer:- “i) To issue appropriate order or direction to respondents to give appointment to the petitioner on the post of Junior Instructor (Fitter) in their respective categories, by considering the education qualification of the Petitioner in Diploma Category. ii) To Direct the respondents to consider the candidature of the petitioner in Diploma Category as they are fulfilling all the requirements to the same. iii) To direct to respondents to deem the education qualification of the Petitioners in Diploma Category. [2025:RJ-JP:46362] (2 of 3) [CW-16953/2025] 2. Learned counsel for the petitioner submits that inadvertently petitioner has selected wrong option about his qualification but his conduct is bona fide and after selection his candidature was rejected only on ground that the petitioner has filled wrong information about degree/diploma. He submits that the petitioner has acquired minimum qualification required to consider him on the post of Junior Instructor (Fitter). He further submits that the controversy raised herein is considered by Hon’ble Division Bench at Principal Seat, Jodhpur in case of Reena Choudhary Vs. State of Rajasthan and Ors. : D.B. Spl. Appl. Writ No.1175/2024. He further submits that similar issue was also decided by another Hon’ble Division Bench of this Hon’ble Court on 01.11.2017 in case of Kavita Choudhary Vs. The Registrar (Examination), Rajasthan High Cout, Jodhpur and Anr. : D.B. Civil Special Appeal (Writ) No.1700/2017. He submits that the respondents are under an obligation to consider the documents in light of ratio laid down by Hon’ble Division Bench of this Hon’ble Court in matters referred by him. 3. Having considered submissions of learned counsel for the petitioner and also on perusal of orders as referred by learned counsel for the petitioner in cases of Reena Choudhary Vs. State of Rajasthan and Ors. (supra) and Kavita Choudhary Vs. The Registrar (Examination), Rajasthan High Court, Jodhpur and Anr. (supra), it is appropriate to disposed of the writ petition with liberty to the petitioner to submit a representation on the basis of grounds, raised by him. 4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- [2025:RJ-JP:46362] (3 of 3) [CW-16953/2025] Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation on basis of ratio referred hereinabove, relied by the petitioner but in case of deviation, with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioners either by way of speed post or through E-mail, if petitioner has provided E- mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition. 5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /390-S