Ajay Rastogi, J. - (1.) INSTANT petition has been filed assailing judgment dt.12/07/2000 passed by Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal -1871/1999, whereby it was directed that candidature of Respondent -employee be considered for regularisation of services on the post held by her in the cadre of Class IV.
(2.) IT is relevant to observe that the learned Tribunal has not independently examined the merits but has passed the judgment on the basis of decision of the Division Bench of this Court in Smt. Norati Devi v. State (CWP -1469/1996 decided on 26/09/1996); that apart, Counsel for Respondent has further brought to the notice that the controversy raised herein has further been examined by Division Bench in Special Appeal (Writ) No. 675/2002 vide judgment dt. 13/07/2004 and observed ad infra: ...The Respondent No. 1 indisputably was working on the post of Class IV since 1987. She was not regularised in the service, though her juniors were regularised. Ground was given for this that she does not possess the qualification of passing Class v. examination. She approached to the Rajasthan Civil Services Appellate Tribunal and the learned Tribunal took a very pragmatic and justice oriented approach in the matter. It is not in dispute that power vests in the State Government to relax the education qualification prescribed for appointment on the post of Class IV. In the light of judgment (supra), merely because incumbent does not possess qualification for holding post in the cadre of Class IV, it will not come in the way for seeking regularisation of the services. In view of what has been observed by Division Bench (supra), this Court does not find manifest error being committed by learned Tribunal which may call for interference in the judgment impugned herein.
(3.) CONSEQUENTLY , writ petition fails and is hereby dismissed. Interim order dt. 18/12/2000 confirmed vide order dt. 12/07/2001 stands vacated. No costs.;