Rajasthan High Court - Jodhpur
Gopal Krishan Regar vs State Of Rajasthan on 11 January, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 379/2022
1. Gopal Krishan Regar S/o Tulsi Ram Regar, Aged About 41
Years, Regar Mohalla, Railmagra, Dist. Rajsamand.
2. Manoj Garg S/o Jagdish Chandra, Aged About 44 Years,
12, Shakti Nagar, Near Chawanda Mata Mandir,
Railmagra, Dist. Rajsamand.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Panchayati Raj, Government Of Rajasthan, Jaipur.
2. The Director, Elementary Education,bikaner.
3. The District Education Officer, Elementary Education And
Additional Chief Executive Officer, Zila Parishad
Rajsamand.
4. The District Education Officer, Elementary Education,
Rajsamand.
----Respondents
For Petitioner(s) : Mr. Ankit Prakash Singh on VC
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/01/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, lawyers have been advised to
refrain from coming to the Courts.
Learned counsel for the petitioners has drawn attention of
this Court towards the judgment passed by a Co-ordinate Bench of
this Court in Jagdish Chandra Vyas & Anr. Vs. State of
Rajasthan & Ors (SBCWP No.5430/2019) decided on
02.05.2019 and therefore, the petitioners are also entitled to the
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same relief as granted in the case of Jagdish Chandra Vyas
(supra).
In view of the submissions made, the writ petition filed by
the petitioner is disposed of with the similar directions as given in
the case of Jagdish Chandra Vyas (supra), which read as under:-
"This writ petition has been filed by the petitioners
seeking the reliefs as mentioned in the writ petition.
It is submitted by learned counsel for the
petitioners that the case of the petitioners is similar to
that of petitioners in Suman Jhanwar & Ors. v. State of
Rajasthan & Ors. (S.B. Civil Writ Petition No.5405/2012),
decided on 12.02.2015, whereby this Court directed the
petitioners to file appropriate representation before the
appointing authority and on filing of such representation,
the petitioners therein have been granted the requisite
relief by the respondents and, therefore, the present
petitioners may also be granted similar relief as granted
in the case of Suman Jhanwar (supra).
In the case of Suman Jhanwar (supra), this Court
after hearing the parties, passed the following order:-
"Therefore, the present writ petitions are
disposed of with liberty and direction to the
petitioners to file appropriate representation with
relevant evidence before the appointing authority,
who has issued the orders of appointment to the
petitioners claiming the same relief, as
purportedly given to other similar situated
persons. It is expected of the respondent
authority to pass speaking orders after providing
the opportunity of hearing tot he petitioners or
their authorized representative as to why similar
benefit cannot be extended to them though
others persons have been given such benefits. If,
however, any adverse order is passed against the
petitioners, the petitioners will be at liberty to
avail the legal remedy available to them in
accordance with law."
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In view of the submissions as noticed hereinbefore,
the writ petition filed by the petitioners is disposed of
with the similar directions as given in the case of Suman
Jhanwar (supra).
All pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
114-Sudheer/-
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