Rajasthan High Court - Jodhpur
Nirmala Rathore vs State Of Rajasthan on 24 August, 2021
Bench: Vijay Bishnoi, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 10861/2021
1. Nirmala Rathore D/o Shri Laxman Singh W/o Gopal Singh
Rathore, Aged About 40 Years, R/o Plot No. 310 Gali No.
31 Near Rto Fatak Bjs Jodhpur 342001.
2. Nand Kishor S/o Bansi Lal, Aged About 22 Years, R/o
Agewa Foji Chouraha Jaitaran Tehsil Jaitaran District Pali
Rajasthan 306302.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Government Secretariat, Jaipur, Rajasthan.
2. The Director Of Central Bureau Of Investigation, Plot No.
5-B, 6Th Floor, Cgo Complex, Lodhi Road, New Delhi -
110003.
3. The Union Of India, Through Its Principal Secretary
Ministry Of Home Affairs North Block New Delhi 110001
India.
4. The Chairman, Subordinate And Ministerial Services
Selection Board, Government Of Rajasthan Durgapura,
Jaipur (Rajasthan).
5. The Dy. Superintendent Of Police, Special Operation
Group Jaipur Rajasthan.
6. Rajesh Malik S/o Shri Kanwal Singh, Aged About 54
Years, Presently Working As Deputy Superintendent Of
Police Sog Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ripudaman Singh
For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
24/08/2021
(2 of 3) [CW-10861/2021]
This writ petition has been preferred on behalf of the
petitioners seeking the following reliefs:-
"It is, therefore, most respectfully
prayed that this writ petition may kindly be
allowed, and
10.1 By An Appropriate Writ Order or
Direction entire selection process recruitment
of librarian grade III 2018 may kindly be
declare illegal and quash set aside and
10.2 By an appropriate writ order or
direction, final selection list dated 25.03.2021
(Annexure-16) issued by the
respondent/selection board may kindly be
declare illegal and same kindly quash and set
aside.
10.3 By an appropriate writ order or
direction, (Annex.-2) FIR No.722/2019 dated
29.12.2019 pending before police station
Vidhyadhar Nagar, Jaipur (city) and criminal
case pending before SOG (special operation
group) Jaipur handover all proceeding and
documents to central bureau of investigation
(respondent No.2) may kindly be direct
respondent no take over criminal and direct
fair investigation in the criminal case for
interest of justice.
10.4 By an appropriate writ, order or
direction, may direct to the
respondent/selection board for conduct fair
written exams in supervision of Hon'ble Court.
10.5 Any other appropriate order which
is deemed just and proper in the facts and
circumstances of the case may kindly be also
passed in favor of the petitioner.
10.6 Cost of the writ petition may kindly
be awarded to the petitioner.
(3 of 3) [CW-10861/2021]
11 Interim order, if prayed for : In the
meanwhile and during the pendency of the
present writ petition respondent/selection
board has direct restrain to provide
appointment in pursuance of the selection list
25.03.2021 (Annex.-16) and operation of
selection list dated 25.03.2021 (Annex.-16)
may kindly be stay.
12 That, no notice for caveat has been
received of lodging a caveat by the opposite
party.
This writ petition is labelling as a public interest litigation. We
are of the considered opinion that since the petitioners are
challenging examination process while levelling certain allegations
and have also prayed for quashing and setting aside the
recruitment process pursuant to the said examination, the matter
does not fall under the category of larger public interest. Hence,
this writ petition (PIL) is not maintainable and the same is hereby
dismissed.
However, the petitioners are free to avail appropriate remedy
available to them under the law.
(VINIT KUMAR MATHUR),J (VIJAY BISHNOI),J
9-Taruna/-
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