[2026:RJ-JP:15836-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 634/2023 1. The State Of Rajasthan, Through The Secretary To The Government, Higher Education Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Director, College Education, Rajasthan, Jaipur. ----Appellants Versus Raju Lal Meena, Son Of Shri Gatoli Meena, Aged About 48 Years, Resident Of Plot No. 245, Vasundhara Colony, Salodha Mor, Gangapur City. ----Respondent For Appellant(s) : Mr. Chinmay Saxena, AGC Mr. Jitendra Kumar Takar Ms. Ritika Naruka on behalf of Mr. S.S. Naruka, AAG For Respondent(s) : Mr. Prahlad Singh with Mr. Gaurav Sharma HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/04/2026 1. This appeal has been preferred by the appellants against the order dated 17.01.2023 passed by the learned Single Judge. 2. Learned counsel for the appellants submits that the learned Single Judge disposed of the writ petition relying upon the judgment rendered by a Coordinate Bench of this Court in Phoola Ram Fageria Vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.305/2005) decided on 12.04.2017. 3. Admittedly, in the case of Phoola Ram Fageria (supra), the petitioner therein possessed qualifications of M.A. and M.P.Ed., [2026:RJ-JP:15836-DB] (2 of 2) [SAW-634/2023] whereas the respondent-petitioner in the present case holds only a degree in Physical Education. Learned counsel for the appellant submits that the respondent-petitioner, having lesser qualifications, is not entitled to the same relief as granted in the aforesaid judgment. 4. Learned counsel for the respondent has seriously opposed the submissions made on behalf of the appellants. 5. We have heard learned counsel for the parties and perused the material available on record. 6. We have carefully gone through the order dated 17.01.2023 passed by the learned Single Judge as well as the judgment rendered in the case of Phoola Ram Fageria (supra). 7. In our considered view, since the respondent-petitioner does not possess qualifications equivalent to those held by the petitioner in Phoola Ram Fageria (supra), the learned Single Judge erred in disposing of the writ petition by placing reliance upon the said judgment. 8. In that view of the matter, the present appeal is hereby allowed. The order dated 17.01.2023 passed by the learned Single Judge is set-aside. The matter is remanded back to the learned Single Judge for deciding the same a fresh. 9. All the application(s), if any, also stands disposed of. (ASHOK KUMAR JAIN),J (INDERJEET SINGH),J Upendra Pratap Singh /49