Raj Kumar vs State Of Rajasthan
2022 Latest Caselaw 4989 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4613/2022

1. Jaisraj Budania S/o Shri Mani Ram Budania, Aged About 35 Years, Village Devgarh, Tehsil Taranagar, District Churu, Rajasthan.

2. Pawan Kumar S/o Shri Hardwari Lal, Aged About 45 Years, Vpo Suratpura, Tehsil Rajgarh, District Churu, Rajasthan.

3. Sarvan Kumar S/o Shri Om Prakash, Aged About 37 Years, Vpo Dhigarla Tehsil Sidhmukh, District Churu, Rajasthan.

4. Mohan Lal S/o Shri Ganga Ram, Aged About 35 Years, Village Dhani Tetarwal, Post Shimla Tehisl Sardar Shahar, District Churu, Rajasthan.

5. Mahendra Kumar S/o Shri Bhagirath Ram Nai, Aged About 34 Years, Village Dhani Tetarwal, Post Shimla Tehsil Sardar Shahar, District Churu, Rajasthan.

6. Prem Singh Bika S/o Shri Bhopal Singh, Aged About 37 Years, Village Chalkoi Beekan, Tehsil Churu, District Churu, Rajasthan.

7. Pawan Kumar S/o Shri Jesraj, Aged About 39 Years, Dhani Ranwan, Post Dudhawa Khara, District Churu, Rajasthan.

8. Raghuvir Singh S/o Shri Tara Chand, Aged About 46 Years, Village Jaipuria Khalsa, Tehsil Rajgarh, District Churu, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Director Elementary Education, Bikaner, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Churu.

4. District Education Officer (Elementeary), Churu.

----Respondents Connected With S.B. Civil Writ Petition No. 4615/2022

1. Narayan Singh S/o Shri Lal Singh, Aged About 37 Years, R/o Village Ishru, Tehsil Phalodi, District Jodhpur, Rajasthan.

2. Sawai Singh S/o Shri Dan Singh, Aged About 35 Years, R/o Village Nathrau, Tehsil Balesar, District Jodhpur, Rajasthan.

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3. Laxman Singh S/o Shri Ladhu Singh, Aged About 35 Years, R/o Village Garhi Champawat, Post Baghthal, Tehsil Bhaniyana, District Jaisalmer, Rajasthan.

4. Lakh Singh S/o Shri Kalu Singh, Aged About 38 Years, R/o Village Garha, Tehsil Shergarh, District Jodhpur, Rajasthan.

5. Samunder Singh Rathore S/o Shri Bhanwar Singh, Aged About 38 Years, R/o Village Joliyali, Tehsil Joliyali, District Jodhpur, Rajasthan.

6. Gordhan Singh S/o Shri Jaswant Singh, Aged About 40 Years, R/o Vpo Bastwa, Tehsil Balesar, District Jodhpur, Rajasthan.

7. Subhash Chandra S/o Shri Prahlad Ram, Aged About 36 Years, R/o Village Manewara, Post Champasar, Tehsil Bap, District Jodhpur, Rajasthan.

8. Ashok Sarna S/o Shri Kishna Ram, Aged About 38 Years, R/o Village Vishnu Nagar, Post Kaparda, Via Bhavi, Tehsil Pipar City, District Jodhpur, Rajasthan.

9. Ram Pal S/o Shri Harsukh Ram, Aged About 39 Years, R/o Village Manewara, Post Champasar, Tehsil Bap, District Jodhpur, Rajasthan.

10. Ashok Kumar S/o Shri Mohan Ram, Aged About 38 Years, R/o Vpo Chandanpura, Dayakor, Tehsil Phalodi, District Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Director Elementary Education, Bikaner, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Jodhpur.

4. Chief Executive Officer, Zila Parishad, Jaisalmer.

5. District Education Officer (Elementary), Jodhpur.

6. District Education Officer (Elementary), Jaisalmer.

----Respondents S.B. Civil Writ Petition No. 4616/2022

1. Onkar Singh S/o Son Singh, Aged About 36 Years, Village Birloka, Tehsil Khinwsar, District Nagaur, Rajasthan.

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2. Balbir Singh S/o Shri Hanuwant Singh, Aged About 44 Years, Village Tatarpura, Post Iatawa Lakha, Tehsil Parbatsar, District Nagaur, Rajasthan.

3. Dungar Ram S/o Shri Bhagirath Ram, Aged About 35 Years, Village Chomu, Post Sinwa, Tehsil Didwana, District Nagaur, Rajasthan.

4. Vikram Singh Rathore S/o Shri Narayan Singh Rathore, Aged About 39 Years, Village Koladungari, Post Bidiyad, Tehsil Makrana, District Nagaur, Rajasthan.

5. Naresh Kumar S/o Shri Gyana Ram, Aged About 35 Years, Vpo Charanawas, Tehsil Kuchaman City, District Nagaur, Rajasthan.

6. Teja Ram S/o Shri Ratana Ram, Aged About 43 Years, Vpo Dhadhota, Tehsil Parbatsar, District Nagaur, Rajasthan.

7. Jagdish Prasad S/o Shri Lala Ram, Aged About 37 Years, Sherpura Post Lunwa, Tehsil Nawa City, District Nagaur, Rajasthan.

8. Deepa Ram Kagat S/o Shri Ganesh Ram, Aged About 34 Years, Vpo Midiyan, Tehsil Makarana, District Nagaur, Rajasthan.

9. Jitendra Singh S/o Raghunath Singh, Aged About 49 Years, Village Deoli, Post Gangwa, Tehsil Parbatsar, District Nagaur, Rajasthan.

10. Sushil Kumar S/o Shri Pokar Ram Dewna, Aged About 38 Years, Village Tarpura, Post Khakholi, Tehsil Didwana, District Nagaur, Rajasthan.

11. Poona Ram Bishnoi S/o Shri Khama Ram Bishnoi, Aged About 38 Years, Vpo Achina, Tehsil Khinwasar, District Nagaur, Rajasthan.

12. Vijay Singh S/o Shri Mohansingh, Aged About 39 Years, Village Mandealee, Post Jodhyasi, Tehsil Nagaur, Rajasthan.

13. Prathvi Singh Rathore S/o Late Shri Mal Singh Rathore, Aged About 39 Years, Vpo Palara, Tehsil Kuchaman City, District Nagaur, Rajasthan.

14. Manohar Singh Dahiya S/o Shri Dharam Singh Dahiya, Aged About 40 Years, Dahiya Gali, Bali, District Pali, Rajasthan.

                                                                 ----Petitioners



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                                  Versus
1.   State    Of   Rajasthan,         Through        The       Secretary,    Rural
     Development          And         Panchayati           Raj      Department,

Government Of Rajasthan, Secretariat, Jaipur.

2. Director Elementary Education, Bikaner, Rajasthan.

3. Chief Executive Officer, Zila Parishad, Nagaur.

4. Chief Executive Officer, Zila Parishad, Pali.

5. District Education Officer (Elementary), Nagaur.

6. District Education Officer (Elementary), Pali.

----Respondents S.B. Civil Writ Petition No. 4636/2022

1. Satyaveer Singh S/o Shri Sheesh Ram, Aged About 42 Years, R/o 539, 540 Rajendra Nagar, Po - Bharatpur District Bharatpur, Rajasthan.

2. Jagdeesh Prasad Yadav S/o Shri Mool Chand Yadav, Aged About 39 Years, R/o Vill Ahiron Ki Dhani, Khoor, Tehsil Dantaramgar, District Sikar, Rajasthan

3. Vinod Kumar S/o Shri Ram Kumar Pachar, Aged About 36 Years, R/o Vpo Bhairupura, Tehsil Dhod, District Sikar, Rajasthan.

4. Veekesh Dagur S/o Shriram Dagur, Aged About 35 Years, R/o Village Rarashahpur, Post Sherpur, Tehsil Suroth, District Karauli, Rajasthan.

5. Narsi Lal Gurjar S/o Shri Parsadi Gurjar, Aged About 39 Years, R/o Vpo Peepalki, Tehsil Sikrai, District Dausa, Rajasthan.

6. Ram Bharosi S/o Ramesh Chand, Aged About 41 Years, R/o Vpo Dhamari, Tehsil Deeg, District Bharatpur, Rajasthan.

7. Sanwar Mal Gurjar S/o Shri Radhe Shyam Gurjar, Aged About 40 Years, R/o Ward No 13, Hira Nagar, Tehsil Neem Ka Thana, District Sikar, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Director Elementary Education, Bikaner, Rajasthan.

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3. Chief Executive Officer Zila Parishad, Sikar

4. Chief Executive Officer Zila Parishad, Bharatpur

5. Chief Executive Officer Zila Parishad, Karauli

6. Chief Executive Officer Zila Parishad, Dausa

7. District Education Officer (Elementary), Sikar

8. District Education Officer (Elementary), Bharatpur

9. District Education Officer (Elementary), Karauli

10. District Education Officer (Elementary), Dausa

----Respondents S.B. Civil Writ Petition No. 4641/2022

1. Raj Kumar S/o Shriram Yadav, Aged About 37 Years, R/o Village Mohalriya, Post Kolila, Tehsil Neemrana, District Alwar, Rajasthan.

2. Satyaveer Singh S/o Shri Mangtu Ram, Aged About 37 Years, R/o Vpo Ghiloth, Tehsil Neemrana, District Alwar, Rajasthan.

3. Jaipal Singh Yadav S/o Shri Shivlal Yadav, Aged About 39 Years, R/o Village Ishroda, Post Ishroda, Tehsil Tijara, District Alwar, Rajasthan.

4. Jeet Ram S/o Shri Bane Singh Yadav, Aged About 37 Years, R/o Birampur, Post Birampur, Tehsil Tijara, District Alwar, Rajasthan.

5. Ved Prakash Yadav S/o Shri Hari Singh Yadav, Aged About 36 Years, R/o Vpo Shri Krishan Nagar, Tehsil Mundawar, District Alwar, Rajasthan.

6. Nirbhay Kumar S/o Shri Tek Singh, Aged About 35 Years, R/o Vpo Gothra, Tehsil Tijara, District Alwar, Rajasthan.

7. Chaman Prakash Yadav S/o Shri Nand Ram Yadav, Aged About 37 Years, R/o Village Manethi, Post Jalawas, Tehsil Mundawar, District Alwar, Rajasthan.

8. Mukesh Kumar Moond S/o Shri Kana Ram, Aged About 37 Years, R/o Vpo Khinwasar, Via Teetanwar, Tehsil Udaipurwati, District Jhunjhunu, Rajasthan.

9. Yashpal S/o Shri Yad Ram, Aged About 37 Years, Vpo Dalota, Tehsil Khetri, District Jjhunjhunu, Rajasthan.

10. Vikram Singh S/o Shri Puran Singh, Aged About 36 Years, Village Indersar, Post Pacheri Bari, Tehsil Buhana, District Jhunjhunu, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

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2. Director Elementary Education, Bikaner, Rajasthan.

3. Chief Executive Officer Zila Parishad, Alwar.

4. Chief Executive Officer Zila Parishad, Jhunjhunu.

5. District Education Officer (Elementary), Alwar.

6. District Education Officer (Elementary), Jhunjhunu.

----Respondents

For Petitioner(s) : Mr. M.L. Deora.

For Respondent(s) : Mr. Pankaj Sharma, AAG with Mr. Dhairyaditya Rathore.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

04/04/2022

It is submitted by learned counsel for the petitioners that the

issue as raised in the writ petitions is covered by judgment in

Mahendra Kumar Vishnoi v. State of Rajasthan & Anr. : SBCWP

No.5420/2014, decided on 10.08.2015 (Annex.10), which

judgment has been upheld by the Division Bench (Annex.11).

Learned AAG made submissions that in another judgment,

arising out of appointment under the Sanskrit Education

Department, similar view as in the case of Mahendra Kumar

Vishnoi (supra) was taken, which was upheld by the Division

Bench in State of Rajasthan & Ors. v. Sahi Ram : DBSAW

No.311/2019, decided on 01.08.2019, against which the State has

preferred Special Leave Petition, which is pending consideration

before the Hon'ble Supreme Court and parties have been directed

to maintain status quo.

In the circumstances of the case, wherein two Division Bench

judgments have held in favour of the petitioners, however, the

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matter is pending consideration before the Hon'ble Supreme

Court, the matter requires consideration.

Issue notice.

As Mr. Pankaj Sharma, AAG puts in appearance on behalf of

the respondents, no need to issue notice to the respondents.

In the meanwhile, the respondents are directed to consider

the candidature of the petitioners for the post of Teacher Gr.III

(Level-I) by taking their qualification of Diploma in Teaching (JBT)

as a valid qualification for the post in question and in case, the

petitioners ultimately fall in merit, while they may not be

accorded appointment, the seats will be kept vacant to the extent

the petitioners are found within merit / cut-off.

It is expected of the State to get the matter expedited before

the Hon'ble Supreme Court.

The stay applications stand disposed of.

(ARUN BHANSALI),J 176 to 180-Rmathur/-

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