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Rajasthan High Court – Jaipur
Himanshi D/O Ghanshyam Das Gupta vs State Of Rajasthan Through Principal … on 21 April, 2025
Author: Anand Sharma
Bench: Anand Sharma
[2025:RJ-JP:16655]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14143/2018
Himanshi D/o Ghanshyam Das Gupta, Aged About 22 Years, R/o
Ward No. 15, Jasoriya Colony, Khairthal, Alwar, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan Through Principal Education Secretary,
Government Secretariat, Jaipur
2. The Director, Secondary Education, Bikaner
3. Rajasthan Public Service Commission Through Its
Secretary, Ajmer
----Respondents
For Petitioner(s) : Mr. Amir Khan for
Mr. Ram Pratap Saini
For Respondent(s) : Mr. Vaibhav Pareek for
Mr. Nitin Jain
Mr. Anjum Parveen for
Ms. Namita Parihar, Dy.G.C
HON'BLE MR. JUSTICE ANAND SHARMA
Order
21/04/2025
1. In the instant petition, the petitioner has prayed for direction
against the respondents for calling the petitioner in the counseling
process for the post of Teacher Grade-II (Sanskrit). It has been
stated that in the memo of writ petition that as many as 2295
vacancies of Sanskrit subject on the post of Teacher Grade-II were
advertised and applications were invited for eligible persons
against the advertisement dated 13.07.2016. It was mentioned in
the advertisement that so far as eligibility with regard to education
qualification is concerned, the candidate is required to possess
qualification of graduate or equivalent examination with concerned
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[2025:RJ-JP:16655] (2 of 3) [CW-14143/2018]
optional subject and degree or diploma in education recognized by
National Counsel for Teacher Education NCTE). It was also
mentioned in the advertisement that a candidate was required to
submit his/her education qualification before the examination to
be conducted in the aforesaid examination. The petitioner states
that although on the date of examination, she was not possessing
degree of B.A. however, after sometime, she has acquired the
required degree of B.Ed., therefore, she ought to have been
considered and appointed by the respondents on the post of
Teacher Grade-II (Sanskrit).
2. The respondents have filed reply to the writ petition opposing
the prayer made by the petitioner and it has been stated that the
conditions of the advertisement were quite clear that the
education qualification required for holding the post of Teacher
Grade-II were to be placed before the respondents prior to the
date of examination and in the instant case, the petitioner has
failed to do so therefore, he is not entitled for consideration and
the writ petition filed by the petitioner is liable to be rejected.
3. Learned counsel for the respondent has relied upon the
judgment in the case of Monika Vs. State of Rajasthan & Ors.
and other connected matters in D.B. Special Appeal Writ No.
747/2023 decided on 05.10.2023, in Para 13 of the aforesaid
judgments states as under:
“Therefore, considering the fact that the
advertisement dated 28.04.2022 was issued in
conformity with Rule 17 of the Rules of 2021;
that it is an admitted position that the appellant
did not possess the requisite educational
qualification on or before the cut-off date, as
prescribed in consonance with Rule 17 of the
Ruels of 2021; that this Court while exercising(Downloaded on 24/04/2025 at 10:28:09 PM)
[2025:RJ-JP:16655] (3 of 3) [CW-14143/2018]writ jurisdiction, cannot issue any directions
which are dehors the statutory rules, which
provide for possession/submission of proof
having acquired the requisite educational
qualification on the cut-off date i.e. date of
written examination and relying upon the
dictum of the Hon’ble Apex Court as enunciated
in Vijay Kumar Mishra (supra), this Court is
inclined to dismiss the present appeal.”
5. In the light of above, this Court has no hesitation in holding
that the respondents have rightly rejected the candidature of the
petitioner.
6. In view of the above, the present writ petition is hereby
dismissed.
7. Stay application and all pending application(s), if any, also
stand disposed of.
(ANAND SHARMA),J
NEERU/223
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