Afsana Bano vs The State Of Raj. And Ors on 17 December, 2008

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        S.B.CIVIL WRIT PETITION NO.10042/2008


                         Afsana Bano
                             v.
                  State of Rajasthan & Ors.


     Date of Order             ::          17 th December, 2008


              HON'BLE MR.JUSTICE GOVIND MATHUR


Mr. Ramesh Purohit, for the petitioner.
Mr. Shyam Toshniwal, for the respondents.
                         ....



            Issue notice to the respondents as to why

this petition for writ be not admitted. Shri Shyam

Toshniwal     accepts        notice       on   behalf       of   all   the

respondents. As such the service is sufficient.



            Looking     to    the     fact     that   the    controversy

involved in this petition for writ is no more res
integra in view of the judgment of this Court in the

case of Smt. Vishnu Kunwar v. State of Rajasthan &

Ors., SBCivil Writ Petition No.8796/2008, decided on

21.11.2008, this petition for writ is heard finally at

this stage.



            The    issue        regarding         determination         of

teaching experience          for    the    period     of    leave   beyond

control of the aspirant for appointment to the post of

Prabodhak has already been decided by this Court in

the case of Vishnu Kunwar(supra). The same issued is

involved in this petition for writ.
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            Hence, this petition for writ is allowed in

light of the judgment referred above. The respondents

are directed to consider candidature of the petitioner

for the purpose of appointment as Prabodhak in terms

of the directions given by this Court in the case of

Vishnu Kunwar (supra) and if the petitioner is found

otherwise   eligible   to   hold   the   post   of   Prabodhak,

appointment be accorded to her in accordance with law.



                                         ( GOVIND MATHUR ),J.

kkm/ps.