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2026 Supreme(Online)(Raj) 20313
HIGH COURT OF RAJASTHAN
ESH KUMAR GULATI SON OF LATE SHRI YASHPAL GULATI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
SAW 137 / 2024
##PAGE1##
[2026:RJ-JP:39824-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 137/2024 CNR: RJHC020080782024 | URN: SAW / 277U / 2024 Esh Kumar Gulati Son Of Late Shri Yashpal Gulati, Aged About
37 Years, Resident Of 332, Adarsh Nagar, Jaipur, Rajasthan.
----Appellant Versus
1. State Of Rajasthan, Through Principal Secretary, Higher Education (College Education Department) Government Secretariat, Jaipur.
2. Rajasthan Public Service Commission, Through Its Secretary, Ajmer.
3. Director, College Education, Government Of Rajasthan, Shiksha Sankul, Jaipur.
----Respondents For Appellant(s) : Mr. I.J. Kathuria with Dr. T.N. Sharma &
Mr. Shivang Khandelwal For Respondent(s) : Mr. M.F. Baig Mr. Sachin Singh Rathore with Ms. Ritika Naruka on behalf of Mr. S.S. Naruka, AAG HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON'BLE MR. JUSTICE SAMEER JAIN
Order
30/09/2026
1. This appeal is directed against the order dated 30.11.2023 been dismissed.
2. Learned counsel for the appellant submits that the order contrary to facts and law available on the record and, therefore, the same is liable to be set aside.
##PAGE2##[2026:RJ-JP:39824-DB] (2 of 2) [SAW-137/2024] 3. Learned counsel for the respondents submits that this case is squarely covered by a decision of a Co-ordinate Division Bench of this Court rendered in the matter of Vishnu Bawaree Vs. State of Rajasthan & Ors. (D.B. Special Appeal Writ No.1613/2018), decided on 26.07.2021, wherein it has been held as under:
“12. In view of the law laid down by the Hon’ble Supreme Court in Zahoor Ahmad (supra), it can be safely concluded that a candidate for recruitment to any post must possess the requisite qualification statutorily prescribed and the Court exercising the power of judicial review cannot expand upon the ambit of prescribed qualification. The equivalence of qualification is in exclusive domain of the recruiting authority.”
4. In view of above, since the question involved in the present appeal has already been decided by this Court in the matter of Vishnu Bawaree (supra), we are bound by the said decision.
5. Accordingly, we do not find any merit in the appeal and the same is, accordingly, dismissed.
(SAMEER JAIN),J (SANJAY K. AGRAWAL),CJ
SANJAY KUMAWAT/RAJAT/29
