Kamlesh Kumar Sharma vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

The present writ petition has been preferred with the following relief:

“By an appropriate writ order or direction, the order dated 13.04.2022 (Annex.15) and any order denying the selection and appointment of the petitioner on the post of Special Teacher Grade-III (Level-II) Social Science in his respective category of General pursuant to advertisement dated 31.07.2018 (Annex.6) may kindly be quashed and set aside.

B. By an appropriate writ order or direction, the respondents may kindly be directed to consider the qualification of the petitioner i.e. one year B.Ed. (General) and two years Diploma in Special Education (MR) for the post of Special Teacher Grade-III (Level-II) Social Science pursuant to the advertisement dated 31.07.2018 for Non- TSP Area.

C. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and afford appointment for the post of Special Teacher Grade-III (Level-II) Social Science in pursuance of the advertisement dated 31.07.2018 for Non-TSP Area with all consequential benefits”.

Learned counsel for the petitioner fairly submitted that the issue involved in the present case is covered against him by a Division Bench judgment dated 14.12.2022 rendered in the case of Usha Kumar & Ors. Vs. State of Rajasthan & Ors. (D.B. Special Appeal Writ No.149/2022 and other connected matters).

Learned counsel for the petitioner submitted that the present writ petition be kept pending as the candidates whose fate has been decided by the Division Bench vide judgment dated 14.12.2022, are in a process of filing a Special Leave Petition (SLP) against the judgment dated 14.12.2022.

Having regard to the facts and circumstances of the case, Mr. Pankaj Sharma, learned Additional Advocate General was directed to appear in this matter.

In the opinion of this Court, keeping this petition pending at this stage would be of no avail. However, if this petition is dismissed in the light of the Division Bench judgment dated 14.12.2022, the petitioner will also be required to approach the Hon’ble Supreme Court.

Having regard to the facts and circumstances of the case, this Court deems it expedient to decide the present petition in terms of the judgment dated 14.12.2022 rendered in the case of Usha Kumari (supra). However, with a stipulation that if the Division Bench judgment dated 14.12.2022 is set aside or otherwise modified, the petitioner’s fate shall be governed by such adjudication to be made by Hon’ble Supreme Court.

Such approach will avoid unnecessary/ unwarranted litigation and ensure that the petitioner is not required to take up the remedy before Hon’ble the Supreme Court. The same would obviously, save both the parties from huge cost of litigation before Hon’ble Supreme Court.

The writ petition is, therefore, disposed of in terms of the Division Bench judgment dated 14.12.2022 with a clarification that reversal or modification of the said judgment dated 14.12.2022 will mutatis mutandis apply to the petitioner’s case as well.

Stay petition also stands disposed of.