JUDGEMENT
DINESH MEHTA, J. -
(1.) It was brought to the notice of this Court that against the order dated 18.12.2019 passed by Co-ordinate Bench of this Court in SB Civil Writ Petition No. 18208/2019, the State preferred an Intra-Court appeal, which was registered as DB Special Appeal Writ No.362/2020, wherein the Division Bench has passed the following order:-
"Shri S.S. Choudhary, Advocate puts in appearance on behalf of the respondents.
Heard. Perused the material available on record. Shri Pankaj Sharma, AAG representing the appellant submits that ex-parte order disposing of the writ petition was passed by learned Single Bench by relying on the order dated 21.11.2017 passed in the case of Om Prakash and Ors v. State of Rajasthan &Ors. : S.B. Civil Writ Petition No.21214/2017. Shri Pankaj Sharma, AAG points out that the controversy involved in the case of Om Prakash (supra) was pertaining to the recruitment of Teachers Grade-III for the year 2012 whereas the case at hand involves the recruitment of LDCs made in the year 1986. Thus, he urges that the order passed in the case of Om Prakash is in no manner applicable to the case of the respondents herein.
We feel that the matter requires consideration. Thus, the appeal is admitted.
Admit.
Heard on the stay application. Having regard to the facts and circumstances of the case, if is hereby directed that the effect and operation of the order dated 18.12.2019 passed in S.B. Civil Writ Petition No.18208/2019 shall remain stayed till disposal of the appeal. The stay application is disposed of. Connect with DBSAW No.368/2020."
(2.) Having regard to the aforesaid position, when the matter was listed for admission, it was deemed appropriate to issue notices to the respondents, with a view to ascertain, as to whether or not the issue is covered by the judgment dated 21.11.2017, rendered in SB Civil Writ Petition No.21214/2017 : Om Prakash Vs. State of Rajasthan.
(3.) The notices were ordered to be served upon learned Additional Advocate General of the State.;
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