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2025 DAILYLAW 46810 (RAJ)

RAJESHWARI D/O SHRI HARI SINGH v. STATE OF RAJASTHAN

CW/17067/2025 · 2025-11-24

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:47754] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17067/2025 1. Rajeshwari D/o Shri Hari Singh, Aged About 36 Years, R/o A-Agarsain Nagar, Mahesh Nagar, Jaipur. 2. Mohan Lal Khatik S/o Shri Ram Chander Khatik, Aged About 47 Years, R/o Village Main Road Tana Tehsil Bhupal Sager District Chittorgarh. 3. Suresh Kumar Mourya S/o Shri Ram Suka Mourya, Aged About 41 Years, R/o Village Sakun Tehsil Dudu District Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Principal Secretary Rural Development And Panchayati Raj Department Government Secretariat, Jaipur. Rajasthan. 2. The Secretary, Education Department, Government Secretariat, Jaipur (Raj.) 3. The Chairman, Rajasthan Staff Selection Board, State Agricultural Management Institute Campus, Durgapura, Jaipur. 4. The Secretary, Rajasthan Staff Selection Board, Board, State Agricultural Management Institute Campus, Durgapura, Jaipur 5. Rehabilitation Council Of India, B-22, Qutub Institutional Area, New Delhi-110016 Through Secretary. 6. National Council For Teacher Education, Hans Bhawan, Wing 2,1 Bahadur Shah Zafar Marg, New Delhi-11002 Through Secretary. 7. Secretary, Ministry Of Human Resources Development, Govt. Of India Room No.105-D, Shastri Bhawan, New Delhi. ----Respondents For Petitioner(s) : Mr. Rajendra Prasad Gautam For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/11/2025 1. Application no.1/2025 for amendment in the writ petition is allowed and in cause title respondent no.3 be represented as “The Chairman, Rajasthan Staff Selection Board, State Agricultural Management Institute Campus, Durgapura, [2025:RJ-JP:47754] (2 of 4) [CW-17067/2025] Jaipur in place of Director Elementary Education, Bikaner and respondent no.4, The Secretary, Rajasthan Staff Selection Board, State Agricultural Management Institute Cmapus, Durgapura, Jaipur is added Additionally. 2. Application no. 1/2025 stands disposed of. Amended cause title is taken on record. 3. Instant writ petition is preferred by petitioners with following prayer: 1. Issue writ order of dated direction in the nature thereof the impugned order 26.09.2018 issued by the respondent may kindly be quashed and set side 2. Issue, writ, order or direction in the nature thereof the respondents may kindly be directed to allow the Petitioners give them appointment on the post of post of Upper Primary School Teacher (Special Education) Level-2 in their respective Subjects, Categories and their Districts with all consequential benefits by considering the qualification B.ED (General Education) with one year Post Graduate Diploma in Special Education equivalent to B.ED. Special Education. 3. Issue, writ order or direction in nature thereof the order dated 24.09.2025 passed by Hon'ble Supreme Court of India, New Delhi in Civil Appeal No(s).8140/2024 Manoj Kumar Sharma and others V/s State of Rajasthan and others where the Hon'ble Supreme Court opinion that "there is no difficulty for the state Government in considering the case of the appellants who possess a B. Ed. (General Education) along with a one-year post Graduate Professional Diploma in [2025:RJ-JP:47754] (3 of 4) [CW-17067/2025] Special Education (PGPD-SE) as equivalent to the prescribed qualification in the advertisement." 4. Learned counsel for petitioners while referring and relying upon judgment dated 24.09.2025 in Civil Appeal No.8140/2024 titled as Manoj Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by Hon’ble Supreme Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 5. Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC accepts notice. 6. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition is disposed of in light of Manoj Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. (supra) passed by this Court. 7. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation in light of ratio laid down in case of Manoj Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. (supra) with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the decision, the respondents are under an obligation to communicate the order to the petitioners either by way of speed post or through E-mail, if [2025:RJ-JP:47754] (4 of 4) [CW-17067/2025] petitioners have provided E-mail in their representation. If the petitioners are still aggrieved, they have a liberty to approach this Court with fresh petition. 8. Needless to observe that if petitioners are entitled to benefit in terms of ratio, then respondents are under an obligation to extend benefits within 60 days from decision. 9. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI/279