KAMLESH PATEL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-1-53
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on January 13,2020

Kamlesh Patel Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

DINESH MEHTA,J. - (1.) Mr. Sidiqui, learned counsel for the petitioners, submits that the issue involved in the present writ petitions is squarely covered by the judgment dated 21.02.2018, passed by a Coordinate Bench of this Court in bunch of writ petitions led by SB Civil Writ Petition No.9198/2017 (Shanti Lal Vs. State of Rajasthan and Ors.). The operative portion whereof is reproduced hereunder : "7. After hearing the counsel for the parties and after perusing the record, this Court finds that the precedent law cited by the learned counsel for the petitioner is absolutely covering the present dispute as this Court has held in the aforementioned precedent law that the respondent Singhania University is a University established under the Statute and, therefore, in view of the precedent law, it is automatically recognised and needs no recognition by any other authority and thus, this Court had granted consideration to the petitioners in that case while considering the said education to be recognised. This Court finds that the condition in the advertisement on the face of it requires the qualification to be obtained from any institution recognised by the State of Rajasthan and it is not in dispute that Singhania University has been created by Rajasthan Assembly by virtue of the Singhania University, Pacheri Bari (Jhunjhunu) Act, 2008 and thus, the State of Rajasthan cannot say that its statutory creation is not recognised by the State of Rajasthan. 8. In light of the aforementioned precedent law only, this Court allows these writ petitions and direct the respondents to consider the candidature of the petitioners within a period of two months days from the date of production of certified copy of this order and if the petitioners are otherwise eligible, then appropriate appointment may be granted to them. It is made clear that the petitioners shall not be disqualified on account of having obtained qualification from Singhania University."
(2.) Mr. Choudhary, learned counsel for the respondents, submits that against the judgment of Shanti Lal (supra), the State has preferred an intra-court appeal i.e. DB Special Appeal (Writ) No.894/2018 (State of Rajasthan and Ors Vs. Divya Mala Yadav), wherein vide interim order dated 11.05.2018, operation of the impugned order, has been stayed.
(3.) Mr. Siddiqui, learned counsel for the petitioners prays that the present writ petitions be disposed of in terms of the judgment in the case of Shanti Lal (supra), while giving the respondents a right to apply the Division Bench judgment, as rendered in the above referred DB Special Appeal No.894/2018 Divya Mala Yadav (supra). He submits that present petitioners will be bound by the adjudication made by the Division Bench.;


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