SHYAM SUNDER SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is filed by the petitioners praying for following relief:

(2.) It is noticed that the present writ petition preferred by the petitioners was earlier disposed of by a coordinate Bench vide order dtd. 15/12/15 in light of Bench decision of this Court in D.B.C. Writ Petition No.6087/08: Balwant Singh vs. State of Rajasthan and Ors., decided on 30/4/15. The appellant-State preferred a Miscellaneous Application being 54/16, for recalling the order stating that the controversy involved in Balwant Singh's case (supra) was not similar and therefore, the writ petition could not have been disposed of in light of the said decision. The said miscellaneous application was dismissed by a coordinate Bench vide order dtd. 6/4/16. Aggrieved thereby, the State preferred Special Leave Petition, which was disposed of by the Supreme Court vide order dtd. 23/5/17, whereby the appellants were permitted to move the High Court again and request the High Court to look into the matter on merits. Accordingly, the State filed a fresh Miscellaneous Application being No.20/18 before this Court, which was allowed by the Division Bench vide order dtd. 8/7/19. The order passed by the coordinate Bench disposing of the writ petition in light of decision in Balwant Singh's case (supra) was recalled and the writ petition was restored to its original number.

(3.) The facts relevant are that the State Government issued an advertisement dtd. 27/1/11 inviting applications for recruitment to the posts of Live Stock Assistant under Rajasthan Animal Husbandry Subordinate Service Rules, 1977 ('the Rules of 1977'). The petitioners submitted their applications, however, on information being sought, the petitioners were apprised that their applications are likely to be rejected inasmuch as, the diploma in Animal Husbandry obtained by them is not recognized by the State Government. The petitioners had obtained the diploma in Veterinary and Animal Husbandry from the Institute of Advanced Studies in Education University, Sardarshahar, a deemed to be University, which is not recognized by the State Government.