[2026:RJ-JP:13685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4361/2021 Nitesh Kumar Sharma S/o Shri Rajendra Kumar Sharma, Aged About 32 Years, R/o Kasara Bazar, Jhalrapatan, District Jhalawar. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Elementary Education Cum Panchayati Raj (Elementary Education) Government Of Rajasthan, Govt. Secretariat, Jaipur. 2. Director, Elementary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Sanjay Kumar Sharma For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE RAVI CHIRANIA Order 01/04/2026 1. The petitioner has filed the instant writ petition with the following prayer:- "(a) By an appropriate writ, order and direction in the nature thereof the respondents may kindly be directed to consider candidature and select the petitioner as Teacher Grade III Level-2 English (Non TSP) on the basis of merits under General Category pursuant to Advertisement No.1/2018 dated 31.07.2018 with natural consequences thereof. (b) Any other relief as this Hon'ble Court may deem fit and proper be also passed in favour of the petitioner." [2026:RJ-JP:13685] (2 of 4) [CW-4361/2021] 2. Learned counsel for the petitioner Mr. Sanjay Kumar Sharma submits that the issue as involved in the present writ petition has already been considered and decided by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.5205/19 titled as Ankul Singhal Vs. State of Rajasthan & Ors. dated 22.07.2019. Learned counsel further submits that the judgment of the Coordinate Bench in the case of Ankul Singh (supra) was challenged before the Division Bench of this Court in DB Civil Writ Petition No.545/2020 titled as State of Rajasthan Vs. Ankul Singhal, which came to be rejected vide order dated 23.08.2023 and thereafter, even the Special Leave Petition preferred before the Hon'ble Apex court came to be dismissed. 3. In view of the above, learned counsel submits that all the identical petitions have been decided and all the candidates who were denied appointment on the same controversy, have been given appointment by the respondents. Learned counsel further submits that this is the only petition which is left and all other writ petitions on the similar issue have already been decided by granting appropriate relief. 4. The Co-ordinate Bench of this Court vide order dated 06.04.2021 has passed the following order:- "Learned counsel for the petitioner submitted that the petitioner had participated in the selection process for the post of Teacher Grade- III Level-II (English). Learned counsel submitted that the respondents have declared the result on 11.01.2021 and in un-reserved Male Category, the cut-off was 66.789%. [2026:RJ-JP:13685] (3 of 4) [CW-4361/2021] Learned counsel submitted that the petitioner has secured 67.00% and as such, he was entitled to be given appointment and less meritorious person has been given appointment by the respondents. Learned counsel submitted that the petitioner approached the respondents by submitting a representation highlighting the fact that the petitioner had passed his B.Ed. Examination in July, 2010 and as per notification issued by National Council for Teacher Education dated 13.11.2019, the minimum percentage of marks in Graduation was not to be applicable to those candidates who had taken admission in Bachelor of Education (B.Ed.) or Bachelor of Elementary Education(B.El. Ed.) prior to 29.07.2011. Learned counsel submitted that since the said notification has been made applicable from 29.07.2011 and the petitioner had already taken admission and passed his B.Ed. Examination in July, 2010, the petitioner could not have been rendered ineligible for appointment. Issue notice of the writ petition as well as stay application, returnable on 29.04.2021. Notices be given ‘dasti’, if prayed. In the meanwhile, if the respondents have not filled all the posts of Teacher Grade-III Level-II (English), one post may be kept vacant for the petitioner. " 5. Admittedly, the petitioner applied for the post of Teacher Grade III Level II English (Non TSP) and his case is squarely covered by the controversy, as decided by the Co-ordinate Bench [2026:RJ-JP:13685] (4 of 4) [CW-4361/2021] of this Court in the case of Ankul Singh (supra), which attained finality upto the Hon'ble Apex Court. 6. Learned counsel for the respondent-State did not dispute the above fact. 7. In view of the above, the present writ petition is allowed in terms of judgment passed by the Co-ordinate Bench of this Court in the case of Ankul Singh (supra). The respondents are directed to give appointment to the petitioner on the post of Teacher Grade III Level II (English) from the date similarly situated candidates were appointed with all consequential notional and actual benefit from the date of passing of this order. 8. It is expected that the controversy is no more res integra as all the candidates have been given appointment. Therefore, the respondent-State would not take any further technical objection in processing and giving appointment to the petitioner herein. In view of the above, the present writ petition is allowed. 9. All pending application(s) stands disposed of. (RAVI CHIRANIA),J Monika/74