Advocates:
['PAPU SANGWA', '', 'SANGRAM SINGH', 'OP SANGWA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 611/2022

Anil Kumar S/o Shri Radhakishan, Aged About 22 Years, Village

Madasar, Tehsil Pokran, District Jaisalmer (Raj.).

----Appellant

Versus

1.

State Of Rajasthan, Through Principal Secretary, Rural

Development And Panchayati Raj Department, Govt. Of

Rajasthan, Jaipur.

2.

The Principal Secretary, Department Of Education, Govt.

Of Rajasthan, Jaipur, Rajasthan.

3.

The Director (Elementary Education), Education

Department, Bikaner.

4.

The Additional Director (Administration), Elementary

Education, Bikaner.

----Respondents

For Appellant(s)

:

Mr. S.R. Godara

For Respondent(s)

:

---

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

05/08/2022

Heard.

It is argued by learned counsel for the appellant that the

appellant-writ petitioner was entitled to carry out necessary

correction to change his category but his writ petition has been

rejected by the learned Single Judge applying the law laid down as

below:-

“This Court after referring to the orders in the case of

Yogita Yaduvanshi (supra) & Sonal Tyagi (supra) and taking

into consideration the 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 Laxmi

Lata Bamaniya (supra) inter-alia came to the following

conclusion:-

(2 of 2)

[SAW-611/2022]

“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 on12.07.2019 and RPSC Vs. Yogita Yaduvanshi :

DBCivil Special Appeal (Writ) No. 804/2020, decided on

19.03.2021, made submissions that change of the said

nature is not permissible.

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.””

The argument of learned counsel for the appellant that such

judgment will not be applicable in the present case, that too at a

belated stage, does not appeal to us. Once the advertisement is

clear that change of category will not be permissible in absence of

there being a uniform procedure adopted by the respondents

allowing all the candidates to carry out correction as a one time

measure, no exception can be made in the case of the petitioner

to grant him benefit which others have not been given.

Therefore, the appeal being devoid of merits, is dismissed.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA), ACJ

12-Jayesh/-