Advocates:
['SUNIL JOSHI', '', 'PRAGYA LAKHANI', 'PANKAJ SHARMA']

(1 of 2)

[CW-3720/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 3720/2022

Laxmi Lata Bamaniya D/o Sh. Thana Ram, Aged About 21 Years,

B/c Meghwal, R/o Aam Thala, Tehsil Abu Road, Via Shanti Van

District - Sirohi (Raj.)

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary, Elementary

Education Department, Government Of Rajasthan, Jaipur

(Raj.)

2.

Director, Elementary Education, Government Of

Rajasthan, Bikaner (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Sunil Joshi

For Respondent(s)

:

Mr. Deepak Chandak for Mr. Pankaj

Sharma

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

21/03/2022

This writ petition has been filed by the petitioner seeking

direction to the respondents to permit the petitioner to change her

category from Special Teacher (Level I) (TSP) to General Teacher

(TSP).

Learned counsel for the respondents with reference to the

judgments in the case of Sonal Tyagi Vs. State of Rajasthan &

Ors.: D.B. Civil Writ Petition No. 7840/2019, decided on

12.07.2019 and RPSC Vs. Yogita Yaduvanshi : DB Civil Special

Appeal (Writ) No. 804/2020, decided on 19.03.2021, made

submissions that change of the said nature is not permissible.

(2 of 2)

[CW-3720/2022]

Learned counsel for the petitioner relied on judgment in the

case of Kavita Choudhary Vs. The Registrar (Examination),

Rajasthan High Court, Jodhpur: D.B. Civil Special Appeal (Writ)

No. 1700/2017, decided on 01.11.2017.

In the case of Sonal Tyagi (supra), the Division Bench after

considering the judgment in the case of Kavita Choudhary (supra),

came to the conclusion that the said judgment cannot be treated

as a binding precedent, as the same was in ignorance of previous

judgments of Coordinate Benches of equal strength.

The similar view was expressed by another Division Bench in

the case of Yogita Yaduvanshi (supra).

In view of the above fact situation, wherein, judgments in

the cases of Sonal Tyagi and Yogita Yaduvanshi have laid down

that change of category cannot be permitted, no case for

interference is made out in the present writ petition, the same is,

therefore, dismissed.

(ARUN BHANSALI),J

164-sumer/-