STATE OF RAJASTHAN Vs. VIMALA DEVI SAINI
LAWS(RAJ)-2019-9-28
HIGH COURT OF RAJASTHAN
Decided on September 30,2019

STATE OF RAJASTHAN Appellant
VERSUS
Vimala Devi Saini Respondents

JUDGEMENT

NARENDRA SINGH DHADDHA,J. - (1.) There is delay of 432 days in filing of the appeal. Application No. 579/2019 under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing of the appeal. For the reasons mentioned in the application, the same is allowed. Delay in filing of the appeal is condoned.
(2.) Heard learned counsel for the parties on the appeal. This appeal has been filed by the appellants challenging judgment dated 20.11.2017 passed by the learned Single Judge of this Court whereby writ petition filed by the respondent has been disposed of as also order dated 10.09.2018 passed by the learned Single Judge whereby review petition filed by the appellants has been dismissed.
(3.) Learned counsel for the appellants submitted that the learned Single Judge has erred in law in disposing of the writ petition by relying upon the judgment dated 22.01.2016 rendered by the Single Bench of this Court at Principal Seat at Jodhpur in Charu Joshi Vs. State of Rajasthan and Others, S.B. Civil Writ Petition No. 419/2015. Learned counsel submitted that in that case, Charu Joshi could not apply in degree category for appointment on the post of Junior Engineer because at that time he had not completed A.M.I.E. Course and was in the final year but the respondent in the present case, made a conscious choice by not applying in degree quota, though she had degree in hand and knowingly well that there were more number of posts in diploma quota, she would have better chances of appointment in that quota, she applied in diploma quota, therefore, case of the respondent is not similar to that of Charu Joshi (supra). Learned counsel in support of her argument has referred to Rule 6(1A) of the Rajasthan Engineering Subordinate Service (Public Health Engineering Branch), 1967 (for short 'the Rule of 1967').;


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