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2026 DAILYLAW 4128 (RAJ)

HEMLATA W/O SHRI KHEMRAJ, D/O SHRI RAMSWAROOP VERMA v. STATE OF RAJASTHAN

CW/4079/2026 · 2026-03-16

Anand Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:10998] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4079/2026 Hemlata W/o Shri Khemraj, D/o Shri Ramswaroop Verma, Aged About 38 Years, R/o Laxmi Sadan, Langot Circle, Kankroli, District Rajsamand (Raj.) And Also At Kheria Brahman, Jharkai, District Bharatpur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Principal Secretary, Education Department (Elementary), Government Of Rajasthan, Secretariat, Jaipur 3. The Director, Elementary Education, Rajasthan, Bikaner 4. Rajasthan Staff Selection Board, Agriculture Management Institution Campus, Durgapura, Jaipur (Raj.) Through Its Chairman 5. National Council For Teacher Education, Hans Bhawan, Wing No.2, 1 Bahadur Shah Zafar Marg, New Delhi - 110002, Through Its Secretary 6. Rehabilitation Council Of India (Rci), B-22, Qutub Institutional Area, New Delhi - 110016 Through Its Secretary ----Respondents Connected with S.B. Civil Writ Petition No. 4125/2026 Ashok Kumar Son Of Shri Shambhu Dayal, Aged About 32 Years, R/o Niwai Nawalgarh, District Jhunjhunu, Rajasthan- 333305 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Principal Secretary, Education Department (Elementary), Government Of Rajasthan, Secretariat, Jaipur [2026:RJ-JP:10998] (2 of 5) [CW-4079/2026] 3. The Director, Elementary Education, Rajasthan, Bikaner 4. Rajasthan Staff Selection Board, Agriculture Management Institution Campus, Durgapura, Jaipur (Raj.) Through Its Chairman 5. National Council For Teacher Education, Hans Bhawan, Wing No.2, 1 Bahadur Shah Zafar Marg, New Delhi - 110002, Through Its Secretary 6. Rehabilitation Council Of India (Rci), B-22, Qutub Institutional Area, New Delhi - 110016 Through Its Secretary ----Respondents With S.B. Civil Writ Petition No. 4134/2026 Bhawani Singh Son Of Shri Ratandan, Aged About 29 Years, R/o Charano Ka Vas, Bagundi, District Barmer-344022 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Principal Secretary, Education Department (Elementary), Government Of Rajasthan, Secretariat, Jaipur 3. The Director, Elementary Education, Rajasthan, Bikaner 4. Rajasthan Staff Selection Board, Agriculture Management Institution Campus, Durgapura, Jaipur (Raj.) Through Its Chairman 5. National Council For Teacher Education, Hans Bhawan, Wing No.2, 1 Bahadur Shah Zafar Marg, New Delhi - 110002, Through Its Secretary 6. Rehabilitation Council Of India (Rci), B-22, Qutub Institutional Area, New Delhi - 110016 Through Its Secretary ----Respondents With [2026:RJ-JP:10998] (3 of 5) [CW-4079/2026] S.B. Civil Writ Petition No. 4138/2026 Devi Dayal Sharma Son Of Shri Nand Lal Sharma, Aged About 40 Years, R/o House No. 601, Subhash Nagar-Ii, Kota 324005 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Principal Secretary, Education Department (Elementary), Government Of Rajasthan, Secretariat, Jaipur 3. The Director, Elementary Education, Rajasthan, Bikaner 4. Rajasthan Staff Selection Board, Agriculture Management Institution Campus, Durgapura, Jaipur (Raj.) Through Its Chairman 5. National Council For Teacher Education, Hans Bhawan, Wing No.2, 1 Bahadur Shah Zafar Marg, New Delhi - 110002, Through Its Secretary 6. Rehabilitation Council Of India (Rci), B-22, Qutub Institutional Area, New Delhi - 110016 Through Its Secretary ----Respondents For Petitioner(s) : Mr. Peush Nag For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 16/03/2026 1. Since, the controversy involved in instant writ petitions is identical and similar, therefore, they were heard together and are being decided by this common order. 2. Learned counsel for the petitioners submits that the respondents issued an advertisement for recruitment on the post [2026:RJ-JP:10998] (4 of 5) [CW-4079/2026] of Teacher Grade III Level 2 (Special Education). The petitioners applied pursuant to advertisement and secured sufficient marks so as to find their names at appropriate place in the merit list. However, issue with regard to eligibility of the candidates who were possessing B.Ed (General) Education and Diploma in Elementary Education (Special Education) cropped up and was decided earlier vide judgment dated 01.05.2024 passed by Co- ordinate Bench at Principal Seat, Jodhpur in the case of Raja Ram & Ors. Vs. State of Rajasthan & Ors. in S.B. CWP No. 815/2023. Learned counsel submits that after following the judgment in the case of Raja Ram, Co-ordinate Bench of this Court passed order dated 12.08.2024 for deciding the batch of matters led by S.B. Civil Writ Petition No. 10086/2023, in which, it was directed that after the decision Raja Ram (supra) letter dated 26.07.2024 have been issued by RCI addressing Secretary- cum-Department of Primary Education, treating all the candidates who are in possession of diploma in Education (Special Education) as eligible and entitled to get appointment on the post of Teacher Grade-III Level 2. Learned counsel submits that the order passed by the learned Single Judge on 12.08.2024 was further challenged by the State of Rajasthan by way of filing D.B. Special Appeal (Writ) No. 214/2025 which came to be decided vide judgment dated 28.11.2025 wherein, directions were given to the State Government to consider all the candidates who have applied for post of Teacher Grade-III Level 2 (Special Education) who possess B.Ed. in General along with Diploma in Special Education as sufficient qualification for appointment and accordingly, all the [2026:RJ-JP:10998] (5 of 5) [CW-4079/2026] candidates would be considered as per their merit and shall be given appointment as soon as possible. 3. Learned counsel for the petitioners submitted that the grievance of the petitioners is that on account of there being confusion with regard to eligibility and relevant qualification documents, although the petitioners are in possession of B.Ed. degree in general along with diploma in Special Education yet, at the relevant point of time, they could not submit the same along with their application form. 4. Learned counsel for the petitioners submitted that the petitioners will be satisfied in case, they are given liberty to submit a representation along with requisite documents in the light of aforesaid judgment passed by Co-ordinate Bench of this Court as well as Division Bench before the Competent Authority, who may be directed to consider the same and pass a speaking order. 5. In view of limited prayer made by learned counsel for the petitioners, this Court deems it just and proper to dispose of this writ petition with liberty to the petitioners to submit a representation before respondent Nos. 3 & 4, who shall consider and decide the representation with a reasoned order strictly in accordance with law within a period of 30 days from the date of receipt of representation along with certified copy of this order. 6. It is made clear that this Court has not expressed any opinion on merits of the case. 7. A copy of this order be placed on record of each writ petition. (ANAND SHARMA),J NEERU/13-14-15-16