Advocates:
['RISHABH TAYAL', '', 'JITENDRA CHOUDHARY', 'DINESH KUMAR OJHA', 'MANISH VYAS AAG', '', 'KAILASH CHOUDHARY']

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[CW-279/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 279/2021

Naresh Chandra Patel S/o Dungar Singh Patel, Aged About 33

Years, R/o V.p.o. Etauva, Via Barodiya, Teh. Bagidora, Banswara.

----Petitioner

Versus

1.

The State Of Rajasthan, Through The Secretary,

Department Of Rural And Panchayati Raj , Government Of

Rajasthan, Secretariat, Jaipur.

2.

The State Of Rajasthan, Through The Secretary,

Department Of Education, Government Of Rajasthan,

Secretariat, Jaipur.

3.

The Director, Elementary Education, Rajasthan, Bikaner.

4.

The Chief Executive Officer, Zila Parishad, Banswara.

5.

District Education Officer, Elementary Education,

Banswara.

----Respondents

For Petitioner(s)

:

Mr. Dinesh Kumar Ojha

For Respondent(s)

:

Mr. Kailash Choudhary

JUSTICE DINESH MEHTA

Judgment

23/02/2021

1.

The facts relevant for the present purposes are that the

petitioner applied for the post of Teacher Grade-III, Level-I in the

Teachers’ Recruitment-2018 and claimed his eligibility on the basis

of qualification of 12^th and BSTC.

2.

Since the petitioner had not secured 45% marks in the

Senior Secondary, his candidature was rejected in the light of

relevant notification issued by the NCTE.

3.

Now petitioner has preferred the present writ petition with

an assertion that he had already acquired degree of Graduation in

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the year 2015, obviously prior to submitting of the application

form, but due to inadvertence did not enclose those doucments,

hence, a direction be issued to the respondents to consider his

candidature for the post of Teacher Grade-III, Level-I.

4.

Learned counsel appearing for the petitioner placed reliance

upon the judgment dated 29.8.2018 rendered in the case of

Neeraj Kumar Patidar Vs. State of Rajasthan & Ors. (SBCWP

No.10749/2018) to buttress his arguments.

5.

Mr. Choudhary, learned counsel appearing for the

respondents submitted that in the relevant clause of the

application form, the petitioner had reflected only Senior

Secondary and not Graduation and thus, respondents were

justified in rejecting his candidature. According to him,the

petitioner has approached this Court belatedly and no relief can be

granted to him, at this stage.

6.

In rejoinder, Mr. Ojha, learned counsel for the petitioner

submitted that the petitioner is a resident of TSP area and had

applied for recruitment in TSP area, where many posts have

remained unfilled and if the respondents are directed to consider

petitioner’s candidature on the basis of his graduation, no

prejudice will be caused to any other person.

7.

Having regard to the facts and circumstances of the case and

considering the fact that the posts are still lying vacant and that

the petitioner had acquired the degree of graduation much prior to

submitting the application form, his inadvertence or omission

deserves to be ignored/excused, particularly when the process of

recruitment is still underway.

8.

Hence, the writ petition is allowed. The petitioner is

directed to approach the respondent no.3 on 15.3.2021 alongwith

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the certified copy of the order instant and relevant credentials

including the original mark-sheet of his graduation. The

respondent no.3 – Director or his nominee shall verify petitioner’s

document and if the same are found in order and petitioner is

otherwise eligible, he shall be accorded appointment within a

period of two months from today.

9.

In a bid to ensure that the petitioner does not get undue

advantage of his own error (firstly not mentioning his complete

educational qualification and then approaching the Court

belatedly) and to balance the equity, it is hereby ordered that the

petitioner shall not be entitled for any benefits, notional or

otherwise, for the per