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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
SHIV KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
[2025:RJ-JD:44411]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11599/2025
Shiv Kumar S/o Shri Ram Kumar, Aged About 34 Years, Resident
Of Ward No. 13, 14 Ndr-Cad, District Hanumangarh, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Education, Government Of Rajasthan,
Secretariat Jaipur.
2. District Education Officer, (Head Quarters),
Hanumangarh.
3. The Secretary, Rajasthan Staff Selection Board, Jaipur.
----Respondents
For Petitioner(s) : Mr. Lokesh Mathur
Mr. Hemant Singh Solanki
Mr. Prakash Kumar
For Respondent(s) : Mr. Deepak Chandak, AAAG
Mr. Lavish Bhati for Mr. B.L. Bhati, AAG
Ms. Nandipna Gehlot for
Mr. Manish Patel
HON'BLE MS. JUSTICE REKHA BORANA
Order
08/10/2025
1. The present writ petition has been filed with a prayer that the respondents be directed to provide appointment to the petitioner on the post of ‘Upper Primary School Teacher (General
Education) (Level-2) in subject English.
2. The case of the petitioner is that he filled up his form qua the non TSP area in OBC category. The petitioner found place in the select list but was not afforded appointment on the premise
that he had already availed relaxation
An OBC candidate scoring below 60% cannot migrate to Unreserved category for recruitment, emphasizing adherence to specific eligibility requirements as per recruitment rules.
The court established that NCTE guidelines for teacher eligibility take precedence over state recruitment criteria, ensuring candidates are evaluated based on merit and eligibility.
Reservation – Appointment on post of Constable (GD) – Whether a reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be....
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
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