Vikram Bishnoi vs State Of Rajasthan
2022 Latest Caselaw 4792 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6459/2021

Chetna D/o Ved Prakash, Aged About 33 Years, R/o Ward No. 19, Chanakya Puri, Suratgarh, District Sriganganagar (Raj.), Presently Posted As Teacher Grade Iii, Level 2 (English), At Government Upper Primary School, Dulmera Station, Block Loonkaransar, District Bikaner (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Diksha Bansal D/o Ajit Kumar Bansal, Through Employer Zila Parishad, Sriganganagar District Sriganganagar Raj.

----Respondents Connected With S.B. Civil Writ Petition No. 3680/2021 Ajit Singh S/o Sawant Singh, Aged About 34 Years, R/o Ward No 07 Jogi Ashram Ararki Bus Stand Ke Pass, Nohar Distt. Hanumangarh (Raj.) , Presently Posted As Teacher Grade Iii , Level - 02 (Hindi) Ate Gups , 36, Ps Block , Raisinghnagar , Distt. Sriganganagar (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat , Jaipur .

2. Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat , Jaipur

3. The Director Elementary Education Rajasthan Bikaner, Distt. Bikaner

4. Jai Prakash S/o Ram Chandra Sharma, Through Its Employer Zhila Parishad Hanumangarh Distt. Hanumangarh (Raj.)

----Respondents S.B. Civil Writ Petition No. 3930/2021 Sarala Saran D/o Om Prakash Saran, Aged About 32 Years, R/o 6 Bpsm, Jivan Nagar, Rawatsar, District Hanumangarh (Raj.) , Presently Posted As Teacher Grade Iii, Level - 02 (Hindi) At Govt. Upper Primary School, 20 Ps Block, Raisinghnagar, District Shriganganagar (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary

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Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director Elementary Education, Rajasthan Bikaner, District Bikaner.

4. Pushpa D/o Om Prakash, Through Its Employer Zhila Parishad Hanumangarh District Hanumangarh (Raj.)

----Respondents S.B. Civil Writ Petition No. 3955/2021 Bacchan Singh S/o Dalip Singh, Aged About 36 Years, R/o Ward No 09, Rajputo Ka Mohalla Village Soti Bari , Tehsil Nohar Hanumangarh (Raj.) , Presently Posted As Teacher Grade Iii , Level -2 (English) At Govt. Sr. Sec. School Dhamli , Block Marvar Junction , Distt. Pali (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan , Secretariat , Jaipur

2. Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat , Jaipur

3. The Director Elementary Education Rajasthan Bikaner, District Bikaner

4. Sandeep Kumar S/o Ramswaroop, Through Its Employer Zhila Parishad Hanumangarh Distt. Hanumangarh (Raj.)

----Respondents S.B. Civil Writ Petition No. 3959/2021 Manju D/o Dayanand, Aged About 25 Years, R/o Village Chuki Kalan, Post Chuki Khurd, Tehsil Mandi, Adampur, District Hisar (Haryana), Presently Posted As Teacher Grade Iii, Level-1 (Non Tsp) Govt. Primary School, 2 Jj, Block Padampur, District Shriganganagar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Sachin S/o Jagdish, Through Employer Zila Parishad, Hanumangarh District Hanumangarh Raj.

----Respondents S.B. Civil Writ Petition No. 3962/2021 Sandeep Kumar Vashistha S/o Jagdish Narayan Sharma, Aged About 35 Years, R/o House No. 31 Raghunathpuri Ii Vistar Near Airport Sanganer Jaipur (Raj), Presently Posted As Teacher

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Grade Iii, Level-I At Govt. Upper Primary School, Suntakui (Keriya), Panchayat Samiti Chitalwana District Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Kajal Mangal D/o Govind Narayan Mangal, Through Employer Zila Parishad, Ajmer District Ajmer Raj.

----Respondents S.B. Civil Writ Petition No. 3964/2021 Jai Singh S/o Chandgi Ram, Aged About 34 Years, R/o Village Kharita Ki Dhani Post Bamlas District Jhunjhunu (Raj.), Presently Posted As Teacher Grade Iii, Level-2 At Utkrashth Govt. Upper Primary School, Sutakui (Keriya) Panchayat Samiti Chitalwana Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Anjana Kumari Yadav D/o Yadram Yadav, Through Employer Zila Parishad, Sikar District Sikar, Raj.

----Respondents S.B. Civil Writ Petition No. 3966/2021 Banwari Sharma S/o Brij Kishor Sharma, Aged About 36 Years, R/o Masalpur Gate, Bahar Bandh Karoli, Presently Posted As Teacher Grade Iii, Level-1 At Govt. Upper Primary School, Vanna Rebariyo Ki Dhani Keriya Block Chitalwana District Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Chanchal Kumar S/o Shiv Narayan, Through Employer Zhila Parishad Bharatur District Bharatpur (Raj.).

                                                    ----Respondents


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S.B. Civil Writ Petition No. 3968/2021 Manish Kumar Sharma S/o Rameshwar Dayal Sharma, Aged About 29 Years, R/o Village Post Suhans Tehsil Weir District Bharatpur (Raj.), Presently Posted As Teacher Grade Iii, Level- I At Govt. Upper Primary School, Dhakarda Dugava Block Sanchor District Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Gauri Shankar Sharma S/o Bhagwan Sahay Sharma, Through Employer Zila Parishad, Bharatpur District Bharatpur Raj.

----Respondents S.B. Civil Writ Petition No. 3969/2021 Shrawan Singh Chohan S/o Gopal Singh Chohan, Aged About 34 Years, R/o Village Kherahirawas, Post Deh, Tehsil Jayal, District Nagaur (Raj.), Presently Posted As Teacher Grade Iii, Level-2 (English) At Govt. Sr. Sec. School Jeewana, Block Masuda, Ajmer (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Priyanka Shekawat D/o Jai Singh Shekawat, Through Employer Zila Parishad Nagaur District Nagaur Raj.

----Respondents S.B. Civil Writ Petition No. 3971/2021 Ravina Devi D/o Mohan Lal, Aged About 29 Years, R/o Village Jorian, Pst Hanzira, Tehsil And District Sirsa (Haryana), Presently Posted As Teacher Grade Iii, Level 2 (English) At Govt. Upper Primary School, Chaukuti, Block Kathumar District Alwar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

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3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Shanky D/o Pawan Kumar, Through Employer Zila Parishad, Hanumangarh District Hanumangarh Raj.

----Respondents S.B. Civil Writ Petition No. 3972/2021 Jagdish Menaria S/o Hukmee Chand Kamawat, Aged About 35 Years, R/o Village Post Menar Via Kheroda Distt. Udaipur (Raj.) , Presently Posted As Teacher Grade Iii , Level -I At Govt. Upper Primary School , Suntakui (Keriya) Panchayat Samiti Chitalwana Distt. Jalore (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat , Jaipur

2. Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat , Jaipur

3. The Director Elementary Education, Rajasthan Bikaner , Distt. Bikaner

4. Priya D/o Raj Singh, Through Employer Zila Parishad , Udaipur Distt. Udaipur Raj.

----Respondents S.B. Civil Writ Petition No. 3976/2021 Ritu D/o Rohtash, Aged About 30 Years, R/o Village Sumra Khera, Post Bawani Khera, Tehsil Bawani Khera, District Bhiwani (Haryana), Presently Posted As Teacher Grade Iii, Level 2 (English) At Govt. Upper Primary School, Dholiya, Block Sri Dungargarh District Bikaner (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Bharti Sharma D/o Babu Lal, Through Employer Zila Parishad, Churu District Churu (Raj.).

----Respondents S.B. Civil Writ Petition No. 4152/2021 Vikram Bishnoi S/o Banwari Lal, Aged About 25 Years, R/o Village 6 Ksd Malarampura Tehsil Sangaria District Hanumangarh (Raj.), Presently Posted As Teacher Grade Iii, Level-2 (English) At Govt. Upper Primary School, Ganeshwali Mekeri, Block Khaujuwala, Panchayat Samiti Pugal, District Bikaner (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary

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Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Sandeep Kumar S/o Bheem Singh, Through Employer Zila Parishad, Hanumangarh District Hanumangarh Raj.

----Respondents S.B. Civil Writ Petition No. 4153/2021 Vikas Trivedi S/o Giriraj Prashad Sharma, Aged About 33 Years, R/o Dayal Nagar Mirzapur, Gangapur City, District Sawaimadhopur (Raj.), Present Posted As Teacher Grade Iii, Level-1 At Govt. Primary School, Vishnoiyon And Maliyon Ki Dhani Keriya, Block Chitalwana District Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Jeetesh Kumar Gaur S/o Ramveer Gaur, Through Employer Zila Parishad, Bharatpur District Bharatpur Raj.

----Respondents S.B. Civil Writ Petition No. 4154/2021 Garima Gupta D/o Arun Prakash Gupta, Aged About 32 Years, R/o 11/78 Malviya Nagar, Jaipur (Raj.), Presently Posted As Teacher Grade Iii, Level-2 (Social Studies) At Govt. Upper Primary Schoo, Ganeshpura Pahuna Block Rashmi District Chittaurgarh (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Ram Singh Gurjar S/o Shiv Ji Ram Gurjar, Through Employer Zila Parishad, Tonk District Tonk Raj.

----Respondents S.B. Civil Writ Petition No. 4317/2021 Surendra Singh Jadoun S/o Prahalad Singh Jadoun, Aged About 30 Years, R/o Village Birwas Tehsil And District Karoli (Raj.), Presently Posted As Teacher Grade Iii, Level-1 At Govt. Primary

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School, Sada Ka Goliya Vank Dantiya Panchayat Samiti Sanchor District Jalore (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director Elementary Education, Rajasthan Bikaner, District Bikaner.

4. Govind Sharma S/o Lalchand Sharma, Through Employer Zila Parishad, Dholpur, District Dholpur Raj.

----Respondents S.B. Civil Writ Petition No. 4321/2021 Megha Sharma D/o Om Prakash Sharma, Aged About 31 Years, W/o Anil Kumar Sharma, R/o Bayana Mod, Krishna Colony Hindaun District Karoli (Raj.), At Present Posted As Teacher Grade Iii, Level 1 Govt. Upper Primary School, Jhangar Ki Dhani Bhagal Septa Panchayat Samiti Bhinmal District Jalore (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director Elementary Education Rajasthan Bikaner, District Bikaner.

4. Bhawana Sharma D/o Purshottum Lal Sharma, Through Employer Zila Parishad, Bharatpur Distt. Bhatarpur Raj.

----Respondents S.B. Civil Writ Petition No. 4322/2021 Monika Rani D/o Krishan Kumar, Aged About 30 Years, R/o Ward No 09, Vpo- Phephana, Tehsil Nohar, Distt. Hanumangarh, Presently Posted As Teacher Grade Iii, Level - 2 (English) At Govt. Upper Primary School, Badla, Block Kathumar, Distt. Alwar (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director Elementary Education Rajasthan Bikaner, District Bikaner.

4. Monika S/o Shalandra Kumar, Through Employer Zila Parishad, Hanumangarh Distt. Hanumangarh Raj.

                                          (8 of 12)              [CW-6459/2021]


                                                    ----Respondents

S.B. Civil Writ Petition No. 6461/2021 Rohtash Kumar S/o Om Prakash, Aged About 37 Years, R/o Village Tejakhera, Post Office Chautala, Tehsil Mandi Dabwali, District Sirsa (Haryana), Presently Posted As Teacher Grade Iii, Level-02 (English) At Government Upper Primary School, Ramsara, Block Loonkasansar, District Bikaner (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Sandeep Kumar S/o Ramsawroop, Through Employer Zila Parishad, Hanumangarh District Hanumangarh (Raj.).

----Respondents S.B. Civil Writ Petition No. 6622/2021 Rachana Devi D/o Hardev Singh, Aged About 28 Years, Vpo Nathusari Kalan, Tehsil Nathusari Chopta, District Sirsa (Haryana), Presenlty Posted As Teacher Grade Iii, Level 2 (English), At Government Upper Primary School, Rajasar, Bhatian, Block Loonkaransar, District Bikaner (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Monika D/o Shailendra Kumar, Through Employer Zila Parishad, Hanumangarh District Hanumangarh Raj.

----Respondents S.B. Civil Writ Petition No. 6714/2021 Darshna Devi D/o Ram Kumar, Aged About 35 Years, Vpo Panditawali, Tehsil Pilibanga, District Hanumangarh (Raj.), Presently Posted As Teacher Grade Iii, Level 2 (English), At Mahatma Gandhi Government (English Medium) School, Phooldesar, Block Loonkaransar, District Bikaner (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat Jaipur.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat,

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Jaipur.

3. The Director, Elementary Education Rajasthan Bikaner, District Bikaner.

4. Sandeep Kumar S/o Bhim Singh, Through Zila Parishad, Hanumangarh District Hanumangarh Raj.

----Respondents S.B. Civil Writ Petition No. 8606/2021 Tammana D/o Mahender Singh, Aged About 25 Years, R/o Vpo Thuian, Tehsil Bhattu Kalan District Fatehebad, Haryana, Presently Posted As Teacher Grade Iii, Level-1 At Govt. Upper Primary School, Np, Block Raisinghnagar, District Sriganganagar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. Principal Secretary, Rural Development Dna Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

3. The Director Elementary Educaton, Bikaner, District Bikaner.

4. Santosh D/o Lal Chand, Through Its Employer Zhila Parishad Hanumangarh District Hannumangarh (Raj.).

----Respondents

For Petitioner(s) : Mr. Sushil Bishnoi.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

30/03/2022

These writ petitions have been filed by the petitioners

questioning the validity of order/list dated 29.12.2020 and

11.01.2021, whereby, appointments have been accorded by the

respondents on the post of Teacher Grade - III Level I and II,

respectively to the incumbents indicated therein.

Further, directions have been sought to reshuffle/revise the

merit list while excluding incumbents, who did not appear for

document verification and the incumbents found non-suitable for

appointments and prepare a revised merit list of successful

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candidates and revise the merit of the petitioners and give the

place of posting as per their merit and preference of posting.

It is, inter-alia, indicated in the writ petitions that pursuant

to the recruitment 2018, the petitioners were accorded

appointments and were allotted districts in terms of their merit.

Subsequent thereto, on a petition filed by certain left out

candidates, High Court in Kuldeep Kumar vs. State of Rajasthan &

Ors. : S.B. Civil Writ Petition No.2094/2019 and other connected

petitions decided on 20.07.2020 and Lokendra Singh vs. State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.1184/2020, decided

on 17.08.2020, directed making of appointments 'category-wise'

on the vacant posts.

Based on the said judgments, appointments were accorded

by the respondents by orders dated 29.12.2020 and 11.01.2021

on the vacant posts 'category-wise'.

Submissions have been made, that a bare look at the orders

passed by the respondents according appointments reveal that

though the petitioners had indicated their preference for

particular districts as their first preference, the petitioners were

not accorded the said districts on account of their merit in the

original list, however, now less meritorious candidates were being

accorded appointments in the said districts, which were preference

No. 1/higher preference of the petitioners, which is not justified.

Submissions have been made that the respondents be

directed to revise the list and accord appointments as per merit by

offering the choice to the petitioners to be shifted to the districts

of higher preference.

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I have considered the submissions made by learned counsel

for the petitioners and have perused the material available on

record.

The petitioners were accorded appointments as per their

merit and were allotted districts accordingly pursuant to the

recruitment 2018.

The State, decided not to thereafter, proceed further with

making appointments on the posts, which remained vacant on

account of non-joining, resigning and on account of candidates

found ineligible. However, on petitions being filed by the

candidates, in the case of Kuldeep Kumar (supra) and Lokendra

Singh (supra) and other connected petitions, orders were passed

according appointments 'category-wise'.

Pursuant thereto, appointments have been accorded by

orders dated 29.12.2020 and 11.01.2021 for Level I and II

respectively. The said process adopted by the respondents was

questioned by filing petitions being Rakesh Godara Vs. State of

Rajasthan & Ors.: SBCWP No. 2039/2021 and Ram Nivas & Ors.

Vs. State of Rajasthan & Ors.: SBCWP No. 604/2021 & other

connected petitions, which petitions came to be decided by this

Court by order dated 23.03.2022, wherein, the plea raised by the

petitioners therein was rejected.

The plea sought to be raised by the present petitioners is

identical to what was raised in the case of Rakesh Godara (supra)

and Ram Nivas (supra) and in view of order dated 23.03.2022, no

case is made out.

Learned counsel for the petitioners made an alternate

submission that respondents be directed not to place the

petitioners at the bottom seniority in terms of relevant Rule, in

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case, in future, the petitioners are transferred to their preferential

districts, as they have been wronged by according appointments

to less meritorious candidates to the districts, wherein, the

petitioners were entitled.

The prayer made by the petitioners is apparently premature

at this stage and, therefore, the same need not be decided. It

would be open for the petitioners to take appropriate steps at the

relevant time, in case occasion arises.

In view of the above discussion, insofar as, the plea raised in

the present petitions is concerned, no case is made out, the same

are, therefore, dismissed.

(ARUN BHANSALI),J 3-25-sumer/-

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