Rajasthan High Court - Jodhpur
Sukhveer Kaur vs State Of Rajasthan on 19 February, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 681/2021
1. Sukhveer Kaur D/o Amarjeet Singh W/o Lovdeep Singh,
Aged About 30 Years, Ward No.5,6 Mkb, Post Muklawa,
Sriganganagar, Rajasthan.
2. Gaurav S/o Mohan Lal, Aged About 28 Years, Mithi Surera
(110) Sirsa, Khari Sureran, Haryana.
3. Alka D/o Charan Dass Swami W/o Liladhar Swami, Aged
About 28 Years, VPO Badangarh, Tehsil Chirawa,
Jhunjhunu, Rajasthan.
4. Darshan Singh S/o Gulab Singh, Aged About 35 Years,
Ward No.11, Chak Kera 2LLG, Lalgarh Jatan, Ganganagar,
Rajasthan.
5. Prabha Vaishnav D/o Shriram Vaishnav, Aged About 29
Years, Saraswati Nagar, Banjakuri Road, Jaitaran, Pali,
Rajasthan 306302
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District
Bikaner, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 366/2021
1. Hemant Kumar Sharma S/o Supariya Sharma, Aged
About 25 Years, R/o Village And Post Khatauti, Tehsil
Nadbai, District Bharatpur, Rajasthan.
2. Pooja Kumari Sharma D/o Shri Mukesh Kumar Sharma
Parashar, Aged About 29 Years, R/o Parashar Mohalla,
Tehsil Mahwa, District Dausa, Rajasthan.
3. Neelam Sharma D/o Shri Pooran Lal Chand, Aged About
25 Years, R/o Village Ledorkhurd, Post Gadholi, Tehsil
Karuli, District Karuli, Rajasthan.
(2 of 3) [CW-681/2021]
4. Seema Kanwar Rathor D/o Shri Mahendra Singh Rathor,
Aged About 27 Years, R/o 65, Prakash Nagar, Jaipur,
Rajasthan.
5. Rakesh Kumar Tailor S/o Shri Chhitarmal Tailor, Aged
About 35 Years, R/o Village And Post Nasirda Tehsil Deoli,
District Tonk, Rajasthan.
6. Nitesh Kumar Sharma S/o Shri Laxmikant Sharma, Aged
About 24 Years, R/o Village And Post Kundera, Tehsil
Sawai Madhopur, District Sawai Madhopur, Rajasthan.
7. Lavakaran S/o Karan Singh, Aged About 30 Years, R/o
Harsita Motors, Near Petrol Pump, Kherli Road, Kathumar,
District Alwar.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan
2. The Secretary, Department Of Education, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District
Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. V.L.S. Rajpurohit
For Respondent(s) : Mr. Kailash Choudhary for Mr. Manish
Vyas, AAG
JUSTICE DINESH MEHTA
Judgment
19/02/2021
1. Mr. V.L.S. Rajpurohit, learned counsel for the petitioners
submits that the controversy involved in the present writ petition
is squarely covered by judgment passed by this Court in Kuldeep
Kumar & Ors Vs. State of Rajasthan & Ors. (SB Civil Writ Petition
No.2094/2019) decided on 20.07.2020.
(3 of 3) [CW-681/2021]
2. Mr. Kailash Choudhary, associate to Mr. Manish Vyas, AAG
does not dispute the same, however submits that controversy
therein pertained to Teacher Grade III Level II whereas the
controversy at hands pertains to Special Teacher. Mr. Choudhary
also submitted that he is not in a position to apprise the Court
about the exact vacant position as on date.
3. In light of the aforesaid, the present writ petitions are
disposed of with a direction to the respondents to fill the
remaining posts while operating category-wise reserve list. It will
be required of the respondents to ignore those candidates, who
have already joined, pursuant to the advertisement in question
and those who have not turned up either for documents
verification or for joining. The consideration shall be made strictly
in terms of the judgment of Kuldeep Kumar (supra) and any
entitlement to the petitioner shall be strictly in terms of the
aforesaid judgment. Needful be done within a period of eight
weeks from today.
4. The stay applications are also disposed of.
(DINESH MEHTA),J
10 & 11-Ramesh/-
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