Omiraj Singh Chauhan S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7033 Raj/2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Review Petition (Writ) No. 142/2020

1. Omiraj Singh Chauhan S/o Shri Gajraj Singh Chauhan, Aged About 20 Years, Resident Of Boraj Majawat, Boraj Majawat, Malpur, Udaipur, Rajasthan 313027

2. Tushar Joshi S/o Shri Girish Joshi, Aged About 29 Years, Resident Of Ward No. 04, Gali No. 01, Mohan Colony, Banswara,banswara (Rural), Banswara, Rajasthan 327001

3. Jayesh Labana S/o Dinesh Labana, Aged About 23 Years, Resident Of Village About Naval Pura, Peeth, Dungarpur, Rajasthan 314406

4. Abhishek Patidar S/o Ramesh Chandra Patidar, Aged About 23 Years, Resident Of Ward No. 5, Nai Basti, Vikas Nagar, Vikas Nagar, Dungarpur, Rajasthan 314404

5. Mukesh Merawat S/o Shri Sajjan Singh Merawat, Aged About 25 Years, Resident Of Kushalgarh Road, Ward No. 11 Rohaniya Ramsingh, Banswara Rajasthan - 327602

6. Naresh Patel S/o Shri Banshi Lal Patel, Aged About 23 Years, Resident Of Near P.s. School, Mahudara, Udaipur, Rajasthan, 313803

7. Rahul Patidar S/o Shri Mohan Lal Patidar, Aged About 23 Years, Resident Of Makan No. 361, Ward No. 9, Tehsil Malhargarh, Holi Chouk, Bala Gudha, Mandsour, Madhya Pradesh, 458664

8. Sunil Varhat S/o Shri Mahesh Chandra Varhat, Aged About 22 Years, Resident Of Ward No. 4, Mukam Serawada Post Bokhala, Dungarpur, Paldeval, Rajasthan, 314011

9. Tosif Hussain S/o Shri Abdul Hamid Hussain, Aged About 27 Years, Resident Of 176, Madar Colony, Banswara (Rural), Banswara, Rajasthan 327001

10. Vishal Patidar S/o Shri Daya Lal Patidar, Aged About 23 Years, Resident Of Mukam Salampura, Post Genji, Salampura, Dungarpur, Rajasthan, 314404

11. Ajay Kumar Prajapat S/o Shri Jai Narayan Prajapat, Aged About 21 Years, Resident Of Main Road Sankariya, Gulgaon, Ajmer, Sawar,rajasthan 305407

12. Ashok Kumar Choudhary S/o Shri Hoti Ram, Aged About

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21 Years, Resident Of Bhando Ki Dhani, Pamana, Jalore, Rajasthan 343040

13. Dharna Sevak S/o Bhupendra Sevak, Aged About 23 Years, Resident Of Kalot Fala Ghotad, Mukam Post Ghotad, Khadagda, Dungarpur, Rajasthan 314027

14. Imran Khan S/o Shri Jafar Khan, Aged About 23 Years, Resident Of Makan No. 199, Ward No. 12, Ratangarh, Rughnathpura (Ratangarh), Neemuch, Madhya Pradesh 458226

15. Niraj Labana S/o Shri Manilal Labana, Aged About 25 Years, Resident Of Dungra Bada, Ward No. 04, Doongra- Kalan, Dungra Kalan, Banswara, Rajasthan 327602

16. Pritesh Padwal S/o Shri Sajjan Singh Padwal, Aged About 22 Years, Resident Of Todi Kalu, Banswara, Sajjan Garh, Rajasthan 327602

17. Ram Gopal Dhaker S/o Shri Kailash Chandra Dhaker, Aged About 21 Years, Resident Of Tara Pipli, Thukrai, Thukrai, Chittorgarh, Begun, Rajasthan, 312023

18. Renu Jat D/o Shri Gulab Chand Jat, Aged About 24 Years, Resident Of 13, Jato Ka Mohalla, Arniya Panth, Chittorgarh, Rajasthan 312612

19. Shrawan Kumar S/o Shri Paras Mal, Aged About 23 Years, Resident Of Maliyon Ka Vas, Ummdepura, Balotara (Rural), Barmer, Rajasthan, 344022

20. Sompura Chayan Jagdish S/o Shri Jagdish Sompura, Aged About 21 Years, Resident Of Ward No. 12, Salatwara, Sagwara, Sagwara, Dungarpur, Rajasthan 314025

21. Sunil Padwal S/o Shri Fateh Singh Padwal, Aged About 25 Years, Resident Of Tanda Mangala, Ward No. 8, Tanda- Mangla, Banswara, Rajasthan, 327602

22. Abhishek Rathore S/o Shri Prahlad Chandra, Aged About 21 Years, Resident Of Ward No. 12, Teliyan Gali, Jawad, Jawad, Neemuch, Madhya Pradesh, 458330

23. Abhishek Vyas S/o Shri Brij Mohan Vyas, Aged About 21 Years, Resident Of Balaji K Paas, Devliyakhurd, Kanoj, Ajmer, Rajasthan 305415

24. Ankit Patidar S/o Shri Ramesh Chandra Patidar, Aged About 20 Years, Resident Of Mukam Post Karawada, Ward No. 3, Thooudhri Kara, Karawara, Dungarpur Simalwara, Rajasthan 314402

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25. Ashwani Kumar Sen S/o Shri Ashok Kumar Sen, Aged About 22 Years, Resident Of Aman Colony, Beawar Road, Nandla, Bhawani Kheda, Ajmer, Rajasthan 305401

26. Avinash Kumar Meena S/o Shri Hakra Lal Meena, Aged About 21 Years, Resident Of Kali Gati, Oda, Zawar Mines, Udaipur, Rajasthan 313901

27. Chirag Joshi S/o Shri Santosh Kumar Joshi, Aged About 20 Years, Resident Of Kumhar Mohalla, Baghera, Ajmer, Rajasthan 305415

28. Girish Kumar Ghoti S/o Shri Chatar Singh Ghoti, Aged About 21 Years, Resident Of Village About Deewali Magra, Post Shergarh, Tehsil Gangartalai, Shergarh, Banswara, Rajasthan 327601

29. Kalpesh Kumar Patel S/o Shri Valchandra Patel, Aged About 22 Years, Resident Of Mahida, Naya Gaon, Udaipur, Chhani, Rajasthan, 313804

30. Manish Kumar S/o Shri Bhanwar Lal, Aged About 20 Years, Resident Of New Aabadi, Ramdevji Mandir Ke Pass, Shri Sela, Sela, Pali, Rajasthan 306701

31. Priyanshi Surana D/o Shri Naresh Surana, Aged About 21 Years, Resident Of Regar Mohalla, Singoli, Bhilwara, Rajasthan-311604

32. Robin Singh Kanawat S/o Shri Bhawani Singh Kanawat, Aged About 21 Years, Resident Of Mata Ji Ka Kheda, Banera, Bhilwara, Rajasthan -311401

33. Saket Darji S/o Shri Badrilal Darji, Aged About 20 Years, Resident Of 194, Ward No. 11, Nh 113, Khamera, Banswara Rajasthan -327027

34. Sanjay Panchal S/o Shri Satyanarayan Panchal, Aged About 22 Years, Ward 09, Panchal Mohalla, Khamera, Banswara Rajasthan- 327027

35. Saurav Patidar S/o Shri Ramesh Chandra Patidar, Aged About 21 Years, Resident Of Ward. No. 7, Karawada, Dungarpur, Rajasthan -314402

36. Kanhaiya Lal Choudhary S/o Shri Ram Narayan Choudhary, Aged About 23 Years, Resident Of Sidhapura, Sidhapura, Pratapgarh, Rajasthan 312616.

                                                             ----Petitioners
                                Versus



                                          (4 of 5)                   [WRW-142/2020]

1. State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur , Rajasthan.

2. Director Medical And Health Services, Jaipur , Swasthyan Bhawan, Tilak Marg , Jaipur. Rajasthan.

3. Rajasthan Staff Selection Board, Jaipur, State Institute Of Agriculture Management Premises, Durgapura, Jaipur Through Its Chairman

4. Rajasthan Para Medical Council, G-1A, Kisan Bhawan , Lal Kothi, Jaipur Through Its Registrar.

----Respondents

For Petitioner(s) : Mr. R.N. Mathur, Sr. counsel with Mr. Himanshu Jain through VC For Respondent(s) : Mr. Bharat Saini, AGC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

30/11/2021

Taking into consideration that the petitioners could not file

their rejoinder and the case of the petitioners was decided in light

of S.B. CWP No.8908/2020 Lalit Kishor vs. State of Rajasthan &

Ors. and other connected petitions, it appears that a patent error

has crept in the order passed by this Court holding that the

petitioners have completed their course from Geetanjali University

by distance education whereas petitioners actually have completed

their degree as regular student.

In view thereof, learned senior counsel submits that they are

to be covered by issue No. E as decided in the common judgment

passed by this Court in S.B. CWP No.8908/2020 Lalit Kishor vs.

State of Rajasthan & Ors. and connected Writ petitions decided on

23.10.2020.

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Learned counsel appearing for the department submits that

the fault lies in the petitioners who were required to place

appropriate documents in support of their contention and in light

of said documents, the order has been passed.

I have considered the submissions.

In view of the above position, which is factual in nature and

it cannot be ignored that the students have passed their courses

from a recognized University as regular students, the order passed

by this Court disposing of the petition is recalled and it is directed

that the case of the petitioners shall be considered in light of the

observations made in para No.9 issue No. E passed in S.B. CWP

No.8908/2020 Lalit Kishor vs. State of Rajasthan & Ors.

The Review Petition is accordingly allowed.

All pending applications, if any, shall also stand disposed of.

(SANJEEV PRAKASH SHARMA),J

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