Citation : 2022 Latest Caselaw 650 Raj/2
Judgement Date : 25 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13367/2021
1. Mahendra Beniwal S/o Sh. Ragunath Beniwal, Aged About
34 Years, R/o Ambedkar Nagar, New Water Tank,
Manoharpur, Jaipur.
2. Suresh Kumar Bagra S/o Sh. Omkar Mal Bagra, Aged
About 44 Years, R/o Ward No. 5, Dhani Bagdo Ki,
Kanwarpura, Jaipur.
3. Imran Khan S/o Suban Khan, Aged About 33 Years,
Resident Of Behind Saint Anselum School, Mungaska,
Alwar (Raj).
4. Mohan Lal S/o Shri Magha Ram, Aged About 33 Years,
Resident Of 211, Panna Ka Bas, Dantujala Teh.
Laxmangarh Sikar (Raj)
5. Mahavir Singh Choudhary S/o Chhiter Singh Choudhary,
Aged About 37 Years, Resident Of Gothra, Sawai
Madhopur (Raj)
6. Jeevan Lal Verma S/o Sh. Ram Sahaya Balai, Aged About
36 Years, R/o Agra, Alwar District Alwar (Raj.).
7. Pramod Kumar S/o Laxmi Narayan, Aged About 40 Years,
R/o Chatarpura, Durana, Distt. Jhunjhunu (Raj.)
8. Jitendra Meena S/o Ram Dayal Meena, Aged About 31
Years, R/o Padana, Sawai Madhopur (Raj.).
9. Neetu W/o Sh. Mahendra Pal D/o Prathviraj, Aged About
35 Years, R/o VPO-1Z (Sadhuwali) Sriganganagar (Raj.).
10. Bhagirath Ram Dhidharia S/o Mohan Ram Dhidharia,
Aged About 45 Years, R/o Bheenwsar Tehsil Sujangarh
District Churu (Raj.).
11. Lallu Lal Bairwa S/o Govardhan Lal Bairwa, Aged About
36 Years, R/o Mukhya Bazar, Tejaji Chowk Malani Kothi
Mitrapura Sawai Madhopur (Raj.).
12. Ajay Kumar Sevak S/o Shri Amrit Lal Sevak, Aged About
39 Years, R/o Baroda Dungarpur (Raj.).
13. Sarvjeet Kaur D/o Gyan Singh, Aged About 43 Years, R/o
Ward No. 05, Surajgarh Ganganagar (Raj.).
14. Poonam Yadav D/o Indramal Yadav W/o Sunil Kumar
Yadav, Aged About 35 Years, R/o Plot No. 26, Hanuman
Nagar, Kotputli Alwar Bye Pass Road, Bansur, Dist. Alwar
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(Raj.).
15. Mahipal Singh S/o Gambhir Singh, Aged About 35 Years,
R/o Dhani Khareshiya Wali Lakhni Sikar (Raj.).
16. Anusuya Sharma D/o Govind Prasad Sharma W/o Anil,
Aged About 41 Years, R/o Near Gaushala Taranagar Churu
(Raj.).
17. Bhawani Singh S/o Hardayal Dan, Aged About 31 Years,
R/o Ghodaran Tehsil And District Nagaur (Raj.).
18. Lal Chand Meena S/o Mangal Ram Meena, Aged About 38
Years, R/o Kotkhawada Maheshpura Radoli Jaipur (Raj.).
19. Nand Kishor S/o Shri Ram Chandra, Aged About 32 Years,
R/o Jagiyo Ka Bas Hopardi, Jodhpur (Raj.).
20. Naresh Kumar Meena S/o Somaram Meena, Aged About
35 Years, R/o House No. 303-K Steel Factory Hanuman
Nagar Tehsil Jahajpur, Bhilwara (Raj.).
21. Suresh Kumar Nitharwal S/o Jaisa Ram Nitharwal, Aged
About 38 Years, R/o Dhani Tilaka Wali, Khatu Shyam Ji
Road Lakhni, Reengus District Sikar (Raj.).
22. Shiva Choudhary D/o Meghraj Choudhary, Aged About 46
Years, R/o Shastri Chowk, Behind White House, Suratgarh
(Raj.).
23. Suresh Kumar Mund S/o Shri Gopi Ram Mund, Aged
About 39 Years, R/o Ward No. 01, Near Railway Station,
Kishanpura Jaipur (Raj.).
24. Alka Bhoond D/o Ram Ratan Bhoond, Aged About 42
Years, R/o C-364, Near Mata Ji Mandir, Karni Nagar,
Bikaner (Raj)
25. Rajesh Gothwal S/o Nihal Singh, Aged About 42 Years,
R/o 146, Mangal Vihar, Scheme 05 Moti Dungri Alwar
(Raj.).
26. Surender Kumar S/o Shri Bishna Ram, Aged About 38
Years, R/o Ward No. 11 Near Govt. Hospital, Doongrana
Hanumangarh (Raj.).
27. Mukesh Kumar Kataria S/o Shri Ram Sahay, Aged About
33 Years, R/o Bhudar Kala Ki, Chanwara Jhunjhunu
(Raj.).
28. Anita Chaudhary D/o Meer Singh Chaudhary, Aged About
35 Years, R/o Dhaka House, Indira Colony, Bikaner (Raj)
29. Jitendra Devpal S/o Lachharam, Aged About 34 Years,
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R/o Keerwa, Pali (Raj)
30. Rekha Rani D/o Ashok Kumar W/o Manoj Kumar, Aged
About 40 Years, R/o Ward No. 06 Kohinoor Cinema Road
Suratgarh Ganganagar (Raj.).
31. Bhagwan Singh S/o Devi Singh, Aged About 31 Years, R/o
Jatav Basti, Nithar, Bharatpur (Raj.).
32. Sandhya Jain D/o Tejpal Singh W/o Alpesh Kumar Jain,
Aged About 40 Years, R/o 335, Brahmin Basti, Ghata Ka
Gaon, Dungarpur (Raj.)
33. Mahendra Patidar S/o Dhuleshwar Patidar, Aged About 37
Years, R/o Khera Kachwasa, Dungarpur (Raj)
34. Imi Chand S/o Laxmi Narayan Jangir, Aged About 32
Years, R/o Shiv Mandir Gali, Ward No. 1, Mehrasar
Chahera Churu (Raj.).
35. Dhodya Ram Meena S/o Shankar Lal Meena, Aged About
39 Years, R/o Parma Ki Dhani, Kakrala, Bamanwas Sawai
Madhopur (Raj.).
36. Manju Arora D/o Dev Raj Arora W/o Vivek Dhingra, Aged
About 44 Years, R/o Ward No. 17, Near Rani Laxmi Bai
Chowk, Suratgarh, Ganganagar (Raj.)
37. Prashant Kumar S/o Banwari Lal, Aged About 36 Years,
R/o Patwari Mohalla, Sadul Sahar, Ganganagar (Raj.).
38. Purnima Paliwal W/o Rakesh Paliwal, Aged About 44
Years, R/o 14 Picholi, Near Luxary Palace Shastri Circle,
Girwa, Udaipur (Raj.).
39. Suresh Kumar Budania S/o Prahlad Singh Budania, Aged
About 37 Years, R/o Dhani Sukh Singh Ka Vas, Mawanda,
Tehsil Neem Ka Thana, Sikar (Raj.).
40. Rajesh Kumar Saini S/o Kajodmal Saini, Aged About 29
Years, R/o Khatwa Vali Dhani Bilona Kalan, Dausa (Raj.).
41. Shaitan Singh S/o Amba Singh, Aged About 37 Years, R/o
Sangarwa Dawal, Jalore (Raj.).
42. Topa Ram Gulsat S/o Mishri Lal, Aged About 43 Years, R/o
Rohicha Kalan Dist. Jodhpur (Raj.).
43. Dharamveer Singh S/o Shri Prem Singh, Aged About 36
Years, R/o Village And Post Dadiya District Sikar (Raj.).
44. Ashok Kumar Meena S/o Laddu Lal Meena, Aged About 37
Years, Resident Of 21, Swasthya Kendra Ukhalana,
Aligarh District Tonk (Raj.).
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----Petitioners
Versus
1. The Rajasthan Public Service Commission, Through Its
Secretary Ajmer.
2. The State Of Rajasthan, Through Principal Secretary
Education Department Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
----Respondents
Connected With S.B. Civil Writ Petition No. 13947/2021
1. Shiv Shankar Sharma S/o Nagar Mal, Aged About 39 Years, R/o Sihor, Tehsil Khetri, District Jhunjhunu (Raj.)
2. Rajeev Sharma S/o Shri Laxminarayan Sharma, Aged About 41 Years, R/o Bhaloth, District Jhunjhunu (Raj.)
3. Surendra Singh S/o Jog Singh, Aged About 35 Years, R/o Vas, Viroli, Pali (Raj.)
4. Swati Gera D/o Dharam Jas, Aged About 31 Years, R/o Ward No. 2, Shri Vijay Nagar, 12 Gb-A, Ganganagar (Raj.)
5. Mange Ram S/o Shri Nena Ram, Aged About 35 Years, R/o Nagane, Moodhon Ki Dhani, Barmer (Raj.)
6. Naresh Kumar Yadav S/o Gautam Lal Yadav, Aged About 36 Years, R/o C-13, Punarvas Colony, Sagwada, Dungarpur (Raj.)
7. Veena Patidar D/o Valji Patidar, W/o Naresh Patidar, Aged About 37 Years, R/o Village Udaiya Silohi, Dungarpur (Raj.)
8. Sitaram S/o Rameshwar Lal, Aged About 34 Years, R/o Nehru Colony, Balotra, Barmer (Raj.)
9. Naresh Kumar Patidar S/o Ramji Patidar, Aged About 39 Years, R/o Ward No. 9, Vpo Chitari, Tehsil Sagwada, Dungarpur (Raj.)
10. Laduram S/o Manaram Mehgwal, Aged About 42 Years, R/o Dilipgarh, Bijowa, District Pali (Raj.)
11. Rajkumar Sesma S/o Narayan Ram, Aged About 37 Years, R/o Gudhali Mandal, Lalas, Nagaur (Raj.)
12. Amit Kasoutiya S/o Radheyshayam Kasoutiya, Aged About 32 Years, R/o 11, Krishna Colony, Near Pani Ki Tanki, Jhotwara, Jaipur (Raj.)
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13. Usha Shrimali D/o Yashwant Shrimali W/o Sudhir Shrimali, Aged About 38 Years, R/o 50, Tulsi Nagar, Manoharpura, Bargaon, Udaipur (Raj.)
14. Gajendra S/o Ambalal, Aged About 41 Years, R/o D-208, Saraswat Nagar Basti, 1St Phase, Bhagat Ki Kothi, Jodhpur (Raj.)
15. Ummed Singh S/o Sumer Singh, Aged About 37 Years, R/o Rajputon Ka Bas, Paladi Ranawatan, Jodhpur (Raj.)
16. Rameshwar Prasad Meena S/o Gopal Lal Meena, Aged About 43 Years, R/o Dopur, Tahatra, Jaipur (Raj.)
17. Rajkumar S/o Omprakash Khati, Aged About 34 Years, R/o 48, Mehtar Mohalla, Kharsandi, Hanumangarh (Raj.)
18. Sushila Kumari D/o Lalchand Beniwal, Aged About 37 Years, R/o Haripura Jhunjhunu (Raj.)
19. Suman D/o Mahvir Prasad W/o Harish Kumar Sunda, Aged About 33 Years, R/o Kudan Dist. Sikar.
----Petitioners Versus
1. The Rajasthan Public Service Commission, Through Its Secretary Ajmer.
2. The State Of Rajasthan, Through Principal Secretary Education Department Secretariat, Jaipur.
3. The Director, Secondary Education, Bikaner.
----Respondents
For Petitioner(s) : Mr. Neeraj Kumar Sharma through VC For Respondent(s) : Mr. M.F. Baig through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 25/01/2022 In these writ petitions, the validity/correctness of options of
some of the questions in the Recruitment Examination-2018 for
appointment on the post of Headmaster (Secondary), is under
challenge.
Learned counsel for the petitioners submits that the
controversy is no more res-integra and stands resolved by a
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Division Bench judgment dated 21.10.2021 passed in D.B.
Special Appeal Writ No.447/2020, Jagdish Kumar
Choudhary & Ors. Vs. Rajasthan Public Service Commission
& Anr. and other connected matters which has been followed in
another Division Bench judgment of this Court dated 17.12.2021
passed in D.B. Special Appeal Writ No.1019/2021, Rajasthan
Public Service Commission Vs. Sajida Kuraishi & Ors. and
other connected matters and submits that the instant writ
petitions may also be disposed of in similar terms.
Although, learned counsel for the respondents did not
dispute the aforesaid position but, submitted that vide its
judgment dated 21.10.2021, the Division Bench has confined the
exercise to the petitioners therein only and hence, the present
petitioners cannot be extended benefit of same but, he could not
dispute that special appeals preferred against the judgment of the
learned Single Judge whereby the writ petitions were allowed in
terms of the judgment in case of Jagdish Kumar Choudhary
(supra), have been dismissed vide judgment dated 17.12.2021.
He further admits that exercise in furtherance of direction of
Division Bench in case of Jagdish Kumar Choudhary (supra) is yet
to be carried out.
In view thereof, these writ petitions are also disposed of in
terms of directions issued by the Division Bench in case of Jagdish
Kumar Choudhary (supra) which shall also apply mutatis mutandis
to the instant writ petitions.
(MAHENDAR KUMAR GOYAL),J
MADAN/183-184
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