HIGH COURT OF JUDICATURE FOR RAJASTHAN - PRINCIPAL SEAT AT JODHP
MANISH PANDYA – Appellant
Versus
STATE OF RAJASTHAN and ORS – Respondent
CW 16967/2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16967 / 2017
Manish Pandya Son of Shri Harish Chandra Pandya, Aged About 36
Years, By Caste Pandya, Resident of VPO Ganoda Tehsil Ghatol
District- Banswara.
----Petitioner
Versus
1. State of Rajasthan Through the Secretary, Department of
Education, Government of Rajasthan, Secretariat, Jaipur.
2. Secretary, Rural Development and Panchayati Raj Department,
Government of Rajasthan, Secretariat, Jaipur.
3. Director, Elementary Education, Government of Rajasthan,
Bikaner.
4. Zila Parishad, Banswara Through the Chief Executive Officer.
5. Zila Parishad, Dungarpur Through the Chief Executive Officer.
6. Zila Parishad, Udaipur, Through the Chief Executive Officer.
7. Zila Parishad, Pratapgarh, Through the Chief Executive Officer.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr.Ramdev Potalia
For Respondent(s) : Ms.Deepika Purohit for Mr.P.R.Singh AAG
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/12/2017
1.
This writ petition under Article 226 of the Constitution
of India has been preferred with the following prayers:
“a. By an appropriate writ, order or direction, this
petition may kindly be allowed with costs with the
direction to the respondents to accept the update
data in continuation of application ID of earlier
(2 of 4)
[CW-16967/2017]
application form of the petitioner and copies of
documents as hard copy in reference to the amended
notification dated 11.09.2017 (Ann.4).
b. By an appropriate writ, order or direction, the
petitioner may kindly be included in the selection
process of recruitment under heading “Rajasthan
Primary and Upper Primary School Teacher Direct
Recruitment 2016, amended and considering their
higher marks in merit, he may be given appointment
as Teacher Grade III (Level II) in subject English with
all consequential benefits.
c. By an appropriate writ, order or direction, without
including the petitioner in the selection process of
Teacher Grade III (Level II) in subject English
pursuant to the amended notification as well as
earlier notification, the process of selection of Teacher
Grade III (Level II) in reference to amended
notification dated 11.09.2017 may kindly be set aside
and quashed.
d. By an appropriate writ, order or direction, the
process of selection initiated under amended
notification dated 11.09.2017 by issuance of order
dated 18.10.2017 (Ann.6) issuing the cut off marks,
list of candidates for counselling issued vide order
dated 24.10.2017 and letter dated 26.10.2017
(Ann.8) day to day programme of final selection
including the counselling of Teacher vide Annexure-6,
7 and 8 may also kindly be set aside and quashed.
e. Any other appropriate order or direction, which this
Hon’ble Court deemed just and proper be passed in
favour of the petitioner.
f. Costs of this writ petition may kindly be allowed to
the petitioner.”
(3 of 4)
[CW-16967/2017]
2.
Learned counsel for the petitioner states that the
controversy is covered by the judgment rendered by this Court in
Farhad Banu Vs. State of Rajasthan & Ors. (S.B.Civil Writ
Petition No.13986/2017 decided on 08.12.2017), relevant
para 26 of which reads as under:
“26.
Thus, in light of the aforesaid discussion,
this Court allows the present writ petitions by
permitting the petitioners to fill up the forms /
update their information in accordance with the
terms and conditions laid down in the
advertisement/notification dated 11.09.2017, until
20.12.2017.
27.
It is further made clear that if the
petitioners do the needful on or before 20.12.20