NAND KISHORE DUBEY Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-1993-8-80
HIGH COURT OF RAJASTHAN
Decided on August 03,1993

Nand Kishore Dubey Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

G.S. Singhvi, J. - (1.) Petitioner is a resident of Kumher district Bharatpur. He passed Secondary School Examination in the year 1984 from the Board of Secondary Education, Rajasthan, Ajmer. He passed Higher Secondary examination from the same Board in the year 1986. He, thereafter, passed Physical Education Examination in the year 1987 from Physical Education School, Suroth. He is registered with the Employment Exchange, Dholpur. Petitioner has placed on record Exs. 1 to 4 in support of his residence, qualifications and registration with the Employment Exchange.
(2.) In pursuance of the advertisement issued by the District Education Officer (Elementary Education) Dholpur on 12.5.92, Petitioner submitted his application for selection and appointment as Physical Education Teacher. This application of the petitioner has been rejected by the District Education Officer (Elementary Education), Dholpur vide his communication dated, 19.9.92 only on the ground that the petitioner is not a resident of district Dholpur.
(3.) Petitioner has asserted that condition No. 11 contained in the advertisement (Ex. 5) is wholly arbitrary, irrational and unconstitutional. His case is that the District Education Officer (Elementary Education), Dholpur was not entitled to restrict the choice of candidates only to those who could produce certificate of bonafide residence of district Dholpur. Petitioner has placed on record advertisements issued by the District Education Officer (Elementary Education) Jaipur and District Education Officer (Elementary Education), Ajmer as also advertisements issued by the District Education Officer (Boys Institutions) Dholpur and District Education Officer (Girls Institutions) Dholpur (Exs. 7 to 10) and has pointed out that in none of these advertisements by which recruitment was made to the posts of Physical Education Teacher Gr. III such condition of eligibility has been incorporated.;


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