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2025 DAILYLAW 44057 (RAJ)

MANISHA SHARMA DAUGHTER OF RAKESH SHARMA v. UNION OF INDIA

CW/14217/2025 · 2025-10-06

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:40443] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14217/2025 1. Manisha Sharma Daughter Of Rakesh Sharma, Aged About 29 Years, Resident Of Kothi Narayanpur, Po Moonpur, District Alwar, Rajasthan - 301408. 2. Sourabh Rahi Son Of Puran Mal Sharma, Aged About 26 Years, Resident Of, Kameti Ke Gali, Rajghar, Alwar, District Alwar, Rajasthan - 301408. ----Petitioners Versus 1. Union Of India, Through Its Secretary, Ministry Of Skill Development And Entrepreneurship, Room No. 301, Kaushal Bhawan, New Moti Bagh, New Delhi-110023. 2. State Of Rajasthan, Through Its Secretary, Technical Education Department, Government Of Rajasthan, Secretarite, Janpath, Jaiprur. 3. Rajasthan Staff Selection Board, Through Its Secretary, Rajaya Krishi Parbandh Sansthan Parisar, Duragapura, Jaipur 302018. 4. Chairman, Staff Selection Board, Rajasthan, Rajaya Krishi Parbandh Sansthan Parisar, Duragapura, Jaipur 302018. 5. Government Of Rajasthan, Through Its Secretary, Department Of Skill, Employment And Entrepreneurship, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Rajasthan) - 342001. ----Respondents For Petitioner(s) : Mr. Ravindra Saini For Respondent(s) : Mr. Mohit Balwada Mr. Sunil Shekhawat HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/10/2025 1. These writ petitions were filed by petitioners with following conditions:- [2025:RJ-JP:40443] (2 of 3) [CW-14217/2025] (i) Issue an appropriate writ, order, or direction for quashing and setting aside the disqualification letter/cum order dated 06.08.2025 issued to the petitioners Roll Number: 804801 (Manisha Sharma) & 804249 (Sourabh Rahi) by the respondents, whereby his candidature for the post of Junior Instructor (Employability Skill) under the Direct Recruitment-2024 has been illegally rejected. (ii) Issue an appropriate writ, order, or direction to declaring the petitioner's ToT Course Certificate is valid and equivalent qualifications for the post of Junior Instructor (Employability Skill); (iii) Direct the respondents to consider the petitioner's candidature Roll Number: 804801 (Manisha Sharma) & 804249 (Sourabh Rahi) As per Merit and appoint on post of Junior Instructor (Employability Skill) as per their merit in the EWS category in the Junior Instructor Direct Recruitment Examination-2024; (iv) Direct the respondents to frame appropriate guidelines ensuring that minor shortfalls in experience or nomenclature discrepancies in technically equivalent degrees are not treated as fatal, thereby upholding merit and preventing arbitrary exclusion of qualified candidates; 2. Learned counsel for petitioners has referred order dated 17.09.2025 in Civil Writ Petition No.14127/2025 passed on the basis of a Division Bench judgment of this Court in the matter of Komal Kumawat Vs. Union of India (D.B. Civil Writ Petition No.16312/2024) and submits that present petitioners were disqualified on the post of Junior Instructor only on the ground [2025:RJ-JP:40443] (3 of 3) [CW-14217/2025] that the petitioners are not having short term TOT course in Employability Skills from DGT Institute as prescribed in the advertisement dated 05.03.2024. He submits that present petitioners having undergone a TOT course organized by National Skill Development Corporation (NSDC) and same is recognized by Ministry of Skill Development and Entrepreneurship in its memo dated 23.04.2021. He submits that a short term TOT course organized by NSDC is in parity with the organized by DGT, but respondent Nos. 3 and 4 knowingfully well have rejected the candidature of both the petitioners. 3. Learned counsel for petitioners submits that a liberty be granted to the petitioners to submit a representation to the respondents for considering the course of TOT conducted by NSDC in parity with course of DGT. 4. Having considered the submissions of learned counsel for the parties, the petitioners are directed to file a detailed representation to the respondents within a period of two weeks. The respondents shall decided the representation within a period of four weeks from the date of receipt of representation with detailed and speaking order. If petitioners are still aggrieved, they are free to re-approach this Court by filing a fresh petition. 5. With aforesaid, the writ petition and misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /47