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2023 DIGILAW 1284 (RAJ)

Dipesh Kumar Suthar v. State of Rajasthan

2023-07-04

DINESH MEHTA

body2023
ORDER : 1. The petitioner having secured 46% marks in Graduation was able to secure 55% marks in Post Graduation. He applied for the post of Teacher Grade III pursuant to advertisement dated 31.07.2018. 2. Though, the petitioner had cleared REET Examination, appointment was denied to him, as his marks in the Graduation were less than 50%. 3. Petitioner has approached this Court on the ground that since he has secured more than 50% marks in Post Graduation, he is eligible in the wake of amendment brought by NCTE vide Notification dated 13.11.2019, which has been given retrospective effect from the year 2011. 4. Mr. Sharma, learned Additional Advocate General submitted that the issue in the present writ petition has already been set at rest by the Division Bench of this Court by its judgment dated 10.03.2022 rendered in the case of Dinesh Chandra Damor v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 1205/2019). He argued that the petitioner is not entitled for the appointment on the post of Teacher Grade III in light of Division Bench judgment. 5. In the case of Dinesh Chandra Damor (supra), the Division Bench has held thus: “Admittedly, the recruitment process at hand was concluded well before the issuance of the above notification and hence, argument that the appellant is entitled to the benefit of the above notification is not tenable. It is an admitted position that the appellant took admission in the teachers training course on 20.10.2010 that is more than one year and ten months after the cut off date 31.08.2009 stipulated in the advertisement. The petitioner, who belongs to the SC category, was required to have 45% marks in the graduation course so as to be qualified for the post. It is an undisputed position that he was having only 41.72% marks in the graduation course. As per the condition No. 9.3.(iii) of the recruitment notification (supra), all such candidates who had taken admission in the teachers training course after 31.08.2009 were required to be having minimum of 50% marks in the graduation or equivalent course. A relaxation of 5% was admissible to the reserved category candidates including the SC/ST and persons with disabilities. As per the condition No. 9.3.(iii) of the recruitment notification (supra), all such candidates who had taken admission in the teachers training course after 31.08.2009 were required to be having minimum of 50% marks in the graduation or equivalent course. A relaxation of 5% was admissible to the reserved category candidates including the SC/ST and persons with disabilities. The appellant herein had only 41.72% marks in the graduation degree course and thus, even by extending benefit of 5% relaxation, his marks in the graduation course were less than 50%, which was the minimum qualifying threshold in the subject advertisement. Hence, the appellant was not qualified and was rightly denied selection to the post of Teacher Grade-III Level-II in the subject recruitment process. The impugned order dated 27.11.2018 passed by the learned Single Bench in S.B. Civil Writ Petition No. 16014/2018 does not suffer from any infirmity whatsoever warranting interference.” Thus, the appeal fails and is dismissed as being devoid of merit. 6. Mr. Sangwa, learned counsel for the petitioner is not in a position to controvert the legal position as has been settled by the Division Bench in the case of Dinesh Chandra Damor (supra). 7. In the face of the judgment dated 10.03.2022 passed in the case of Dinesh Chandra Damor (supra), this Court is of the considered view that the petitioner is not entitled for any relief. 8. The writ petition so also stay application is dismissed. 9. Interim order dated 09.01.2020 passed by this Court also stands vacated.