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2026 DAILYLAW 17307 (RAJ)

PRADEEP KUMAR KUMAWAT S/O SHRI GOVERDHAN LAL KUMAWAT v. STATE OF RAJASTHAN

CW/4806/2022 · 2026-01-09

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:906] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4806/2022 Pradeep Kumar Kumawat S/o Shri Goverdhan Lal Kumawat, Aged About 41 Years, R/o Plot No. 168, Sitarampuri Colony, 200 Ft Bye Pass Road, Macheda Harmda, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. State Of Rajasthan, Through Principle Secretary, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 3. Director, Primary Education And Panchayati Raj, (Primary Education), Government Of Rajasthan, Jaipur. 4. National Council For Teacher Education (Ncte), Through Its Members Secretary, G-7, Sector-10, Dwarka Near Metro Station, New Delhi 110075. 5. Rehabilitation Council Of India (Rci), Through Its Member Secretary, B-22, Qutab Institutional Area, New Delhi - 110016. ----Respondents For Petitioner(s) : Mr. Rishiraj Maheshwari For Respondent(s) : Mr. Kinshuk Jain Mr. Jitendra K. Takar for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/01/2026 1. Instant writ petition is preferred by petitioner with following prayer: “i. By an appropriate writ, order or direction, the Petitioner may be considered for appointment on the post of Teacher grade-III (HI) Level-II Social Science [2026:RJ-JP:906] (2 of 3) [CW-4806/2022] Special Education pursuant to the advertisement notification dated 31.07.2018. ii. By an appropriate writ, order or direction, the Respondents may be directed to constitute a committee for declaring the educational qualification of the Petitioner equivalent to B.Ed. Special Education pursuant to the order dated 18.10.2021 of NCTE & RCI and judgement of the Hon’ble Apex Court dated 28.10.2021 passed in Rajneesh Kumar Pandey & Ors. V/s Union of India & Ors. WP (Civil) No.132/2016.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 24.09.2025 in Civil Appeal No.8140/2024 titled as Manoj Kumar Sharma & Ors. Vs. State of Rajasthan & 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. 3. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition may be disposed in light of Manoj Kumar Sharma & Ors. Vs. State (supra) passed by Hon’ble Supreme Court. 4. 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 consider and decide the representation in light of ratio laid down in case of Manoj Kumar Sharma (supra) but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an [2026:RJ-JP:906] (3 of 3) [CW-4806/2022] obligation to communicate the decision to the petitioner 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 has a liberty to approach this Court with fresh petition. 5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /47