Bhawani Singh vs State Of Rajasthan
2022 Latest Caselaw 2425 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 170/2019

Indira Tiwari W/o Shri Narendra Kumar Joshi, Aged About 57 Years, Radha Kishan Bhawan, Surana Mohalla, Chittorgarh, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents Connected With S.B. Civil Writ Petition No. 64/2019 Bhawani Singh S/o Shambhu Singh, Aged About 57 Years, R/o Village Bhadkiya, Post Mansha, Via Kotadi, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 66/2019 Kuldeep Singh Rajput S/o Shri Narayan Singh, Aged About 40 Years, R/o Village Jhunjharpura, Post Shyampura, Tehsil Mandalgarh, District Bhilwara.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 83/2019 Hanuman Singh S/o Shri Narayan Singh, Aged About 38 Years, R/o Village Asop, Post Borda, Tehsil Kotdi, District Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 84/2019 Kalpana Parik D/o Shri Jagdish Chandra Parik, Aged About 38 Years, Lakhmaniyas, District Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 87/2019 Devendra Singh Panwar S/o Shri Narayan Singh Panwar, Aged About 35 Years, Village/post Bhopatpura, Tehsil Bijoliya, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 90/2019 Bhanwar Lal Tiwari S/o Shri Bansi Lal Tiwari, Aged About 47 Years, Pander, Tehsil Jahajpur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 91/2019 Dinesh Chandra Garg S/o Shri Nandlal Garg, Aged About 39 Years, R/o Village / Post Gorakhiya, Tehsil Mandal, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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S.B. Civil Writ Petition No. 97/2019 Gani Mohammad S/o Shri Abdul Latif, Aged About 50 Years, Village Post Gadariyawas, Tehsil Sahada, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 100/2019 Sangeeta Suwalka D/o Shri Rajkumar Suwalka, Aged About 38 Years, R/o- 3, Tonk Mohalla, Gahunli, Gehuli, District Bhilwara, Kotri, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 101/2019 Naseem Bano.. W/o Shamsul Gani Kazi, Aged About 52 Years, R/ o Madarsa Mandal, Sadar Bazar, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 109/2019 Smt. Snehlata Kashta W/o Shri Ghanshyam Kashta, Aged About 49 Years, Gali No. 5, Harni Mahadev Road, Shastri Nagar, Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 110/2019 Lokesh Kumar Sukhwal S/o Shri Jagdish Chandra Sukhwal, Aged

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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About 54 Years, R/o Village/post Rajgarh, Tehsil Mandalgarh, District Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 118/2019 Hansa Kanwar D/o Shri Hateh Singh Solanki, Aged About 41 Years, R/o Near Water Tank, Juna Gulabpura Road, Gulabpura (Rural), District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 165/2019 Hari Singh S/o Shri Guman Singh, Aged About 40 Years, Village And Post Amalda Via Kachhola, Tehsil Jahajpur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 167/2019 Durgesh Nandini Ranawat D/o Shri Bhagwan Singh, Aged About 50 Years, Village Post Kaliyas, Tehsil Asind, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 169/2019 Yashruf Bano D/o Shri Mohd. Iqbal, Aged About 48 Years, Vijay Singh Pathik Nagar, Uti Quarter No.e-7, Devariya Balaji Road,

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 178/2019 Ajara Parveen S/o Khurshidi Alam Kaji, Aged About 47 Years, Police Line Ke Pass, Shiv Nagar, Teh. Suwana, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 185/2019 Mathura Sharma D/o Shri Fateh Lal, Aged About 46 Years, Village Post Prani Arvad Via Kathiya, Shahpura District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 186/2019 Kusum Lata Sharma D/o Shri Bhanu Lal, Aged About 54 Years, Near Bus Stand, Gangapur Road, Tehsil Raipur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 187/2019 Shiv Lal Sharma S/o Shri Kanhaiya Lal Sharma, Aged About 45 Years, Anandipura, Post Patan, Tehsil Asind District Bhilwara, Rajasthan.

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 189/2019 Madhu Bala Jain S/o Shri Padam Chand Jain, Aged About 46 Years, Behind Lod Suwadhyay Bhawan House No. 76, Ram Nagar, Shahpura, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 190/2019 Chanchal Pareek D/o Shri Gopilal Pareek, Aged About 40 Years, Village And Post Gilunda, Tehsil Railmagara, District Rajsamand, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 191/2019 Madhu Sharma D/o Ladu Lal Sharma, Aged About 45 Years, Nauchok, Jahazpur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 193/2019 Aslam Shaikh S/o Shri Allauddin Shaikh, Aged About 72 Years, Near Jain Mandir, Tehsil Banera, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 201/2019 Gayatri Ameta D/o Shri Ramlal Ameta, Aged About 41 Years, Tiloli, Tehsil Asind, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 208/2019 Manju Acharya D/o Shri Natwar Lal Ojha, Aged About 54 Years, Radhe Kala Kunj, Shiv Temple Street, Near Shri Guest House, Sanjay Colony, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 209/2019 Gayatri Dadhich D/o Shri Balkrishna, Aged About 44 Years, R/o Village Post Koshithal, Tehsil Sahada, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Dierctor, Elementary Education, Bikaner, Rajasthan.

3. The Disttrict Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 315/2019 Bhagwan Lal Garg S/o Shri Bhura Lal Garg, Aged About 48 Years, R/o Village Suliya Post Chitamba, Tehsil Mandal, District Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 316/2019 Kiran Gautam Vyas W/o Shri Mahesh Kumar Vyas, Aged About 47 Years, 279, Vyas Mohalla, Tehsil Raipur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 317/2019 Balwant Singh Ranawat S/o Shri Gopal Singh Ranawat, Aged About 45 Years, R/o Village Post Ropa, Tehsil Jahajpur, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 319/2019 Hari Lata Tiwari D/o Shri Shanti Lal, Aged About 55 Years, R/o Baniyo Ka Mohalla, Village Koshithal, Tehsil Sahada, District Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 320/2019 Hanuman Singh Chundawat S/o Shri Dhukal, Aged About 45 Years, R/o Village Dahimatha, Tehsil Mandal, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 321/2019 Sushila Sharma D/o Balendra Kumar, Aged About 51 Years, Jai Siya Ram Road, Devla Bab Ghati Ke Upper Jahazpr, Bhilwara, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, Rajasthan.

3. The District Education Officer, Bhilwara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Kuldeep Mathur, Sr. Advocate assisted by Mr. D.S. Sodha.

For Respondent(s) : Ms. Bhawna Jangid.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

10/02/2022

These writ petitions have been filed by the petitioner

aggrieved against the notice dated 13.12.2018 issued to the

petitioners calling upon them to show cause, why their service

should not be terminated.

The petitioners were selected pursuant to the Prabodhak

Recruitment 2008.

A judgment in Om Prakash Chhipa v. State of Rajasthan &

Ors.: S.B. Civil Writ Petition No.5125/2015, which came to be

delivered by a Coordinate Bench of this Court at Jaipur on

17.12.2015 inter-alia directing the respondents to arrange the list

in the manner indicated therein.

Based on the judgment in the case of Om Prakash Chhipa

(supra) as on account of rearrangement of merit list, the

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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petitioners were not falling within the merit, they were issued the

notices calling upon them to show cause.

The notices issued to the petitioners came to be stayed by

this Court by way of interim orders.

Learned counsel appearing for the petitioners made

submissions that the cause for issuing the notices to the

petitioners was Single Bench judgment in the case of Om Prakash

Chhipa (supra), the said judgment has been reversed by the

Division Bench in State of Rajasthan & Ors. v. Om Prakash

Chhipa: D.B. Special Appeal Writ No.68/2019, decided on

19.07.2019 and as such, the very foundation of issuing the notice

to the petitioners has been set-aside and, therefore, the notices

deserves to be quashed and set-aside.

Learned counsel appearing for the respondent - State is not

in a position to dispute the above submission made by learned

counsel for the petitioners, as from notices issued dated

13.12.2018, it is apparent that the same has been issued based

on Single Bench order in the case of Om Prakash Chhipa (supra).

In view of the above fact situation, wherein, the foundational

order itself has been set-aside by the Division Bench, the notices

issued to the petitioners have been rendered infructuous.

Consequently, the writ petitions filed by the petitioners are

allowed. Notices dated 13.12.2018 issued to the petitioners are

quashed and set aside.

(ARUN BHANSALI),J 123-pradeep/-

(D.B. SAW/1348/2019 has been filed in this matter. Please refer the same for further orders)

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