PRABHA SHARMA D/O MANOJ SHARMA v. THE STATE OF RAJASTHAN
CW/12604/2022 · 2026-01-22
Ashok Kumar Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18370 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18370 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:3037] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12604/2022 Prabha Sharma D/o Manoj Sharma, Aged About 33 Years, R/o 95, Mohalla Damdama, Near Gandhi Park, Bari Dholpur, Rajasthan. ----Petitioner 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 Chief Executive Officer, Zila Parishad, Jhunjhunu.
4. The District Education Officer, Elementary, Jhunjhunu.
5. National Council For Teacher Education, Through Its Regional Director, Western Regional Committee (Ncte), G- 7, Sector 10, Dwarka,near Metro Station New Delhi -
110075. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishna Sharma, AGC Mr. Kinshuk Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 22/01/2026
1. Instant writ petition is filed with following prayer:- i) By an appropriate writ, order or direction in the nature thereof thereby, the respondents be
directed to give appointment to the petitioner on the post of Teacher Gr.III Level I under BL/LV Category as the petitioner has secured more marks than the last cut off of that category with all consequential benefits.
[2026:RJ-JP:3037] (2 of 3) [CW-12604/2022] ii) Issue an appropriate writ order or direction in the nature thereof thereby direct the respondents to consider qualification of two years Diploma i.e. D.Ed. Acquired by the petitioner from Madhya Pradesh Bhoj (Open) University, Bhopal as the said qualification has been duly recognized by National Council for Teacher Education and grant appointment to the petitioner on the post of Teacher Gr.III Level I with all consequent benefits.
2.
Learned counsel for petitioner submits that the petitioner has been selected on post of Teacher Gr.III Level I under BL/LV Disabled Category as she secured more marks than last cut off. He further submitted that initially the petitioner was allotted Dholpur District, but after publication of main list, the name of present petitioner was figured at Serial No.6782 and was allotted Jhunjhunu District. He also submitted that the petitioner has procured D.Ed. Certificate from Madhya Pradesh Bhoj (Open) University, Bhopal and same is duly recognized by NCTE. He further submitted that the petitioner is not only entitled for appointment on post of Teacher Gr.III Level I under the relevant category, but also entitled for seniority as assigned to other selected candidates of main list along with notional benefits.
3.
Learned counsel appearing on behalf of NCTE submits that the course of D.Ed. undergone by petitioner is recognized by the NCTE for the purpose of qualification and they have already replied to the Department about the recognition of University.
4.
Learned counsel appearing on behalf of respondent Nos. 1, 2 and 4 submits that the matter is pending at Jhunjhunu for
consideration and after reply of NCTE, the necessary action will be taken in respect of appointment of the petitioner. He also placed
[2026:RJ-JP:3037] (3 of 3) [CW-12604/2022] on record letter dated 22.12.2025 sent by the Director Elementary Education, Rajasthan, Bikaner to the DEO, Elementary Education (Headquarters), Jhunjhunu.
5. Having considered the submissions and also the material on record, the writ petition is disposed with following directions:- 1) The respondent Nos.1 to 4 shall consider appointment of petitioner on post of Teacher Grade- III Level I on the basis of reply by NCTE, treating her as a candidate selected in main list dated 01.05.2022/02.05.2022 at Serial No.6782. 2) The respondents are free to examine eligibility of petitioner, except for the objection about qualification of D.Ed. and the petitioner is otherwise eligible the appointment order be issued within a period of 60 days from date of receipt of copy of this order. 3) In case, the petitioner is appointed by the respondents then she is entitled for seniority considering her at Serial No.6782 in main list dated 01.05.2022/02.05.2022, thus she would be placed in the same order of seniority, as considered at the time of recommendation for appointment.
6. The petitioner is entitled for all notional benefits considering her appointment in parity with similarly placed candidates but she is entitled for actual benefits from the date of her joining in the service.
7. With aforesaid, the writ petition stand disposed with pending application, if any.
(ASHOK KUMAR JAIN),J GAURAV /17