State Of Rajasthan vs Dilip Kumar
2022 Latest Caselaw 4864 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Review Petition (Writ) No. 112/2021

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

2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

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

4. The Chief Executive Officer, Zila Parishad Jodhpur, District Jodhpur, Rajasthan.

5. The Chief Executive Officer, Zila Parishad Udaipur, District Udaipur, Rajasthan.

6. The Chief Executive Officer, Zila Parishad Nagaur, District Nagaur, Rajasthan.

7. The Chief Executive Officer, Zila Parishad Bikaner., District Bikaner, Rajasthan.

8. The Chief Executive Officer, Zila Parishad Bhilwara, District Bhilwara, Rajasthan.

9. The Chief Executive Officer, Zila Parishad Jhalawar, District Jhalawar, Rajasthan.

10. The Chief Executive Officer, Zila Parishad Ajmer, District Ajmer, Rajasthan.

11. The Chief Executive Officer, Zila Parishad Tonk, District Tonk, Rajasthan.

12. The District Education Officer (Headquarter), Secondary Education, Jodhpur, District Jodhpur, Rajasthan.

13. The District Education Officer (Headquarter), Secondary Education, Udaipur, District Udaipur, Rajasthan.

14. The District Education Officer (Headquarter), Secondary Education, Nagaur, District Nagaur.

15. The District Education Officer (Headquarter), Secondary Education, Bikaner, District Bikaner, Rajasthan.

16. The District Education Officer (Headquarter), Secondary Education, Bhilwara, District Bhilwara, Rajasthan.

17. The District Education Officer (Headquarter), Secondary Education, Jhalawar, District Jhalawar, Rajasthan.

18. The District Education Officer (Headquarter), Secondary Education, Ajmer, District Ajmer, Rajasthan.

19. The District Education Officer (Headquarter), Secondary Education, Tonk, District Tonk, Rajasthan.

20. The District Education Officer (Headquarter), Elementary Education, Jodhpur, District Jodhpur, Rajasthan.

21. The District Education Officer (Headquarter), Elementary Education, District Udaipur, Rajasthan.

(2 of 5) [WRW-112/2021]

22. The District Education Officer (Headquarter), Elementary Education, Nagaur, District Nagaur, Rajasthan.

23. The District Education Officer (Headquarter), Elementary Education, Bikaner, District Bikaner, Rajasthan.

24. The District Education Officer (Headquarter), Elementary Education, Bhilwara, District Bhilwara, Rajasthan.

25. The District Education Officer (Headquarter), Elementary Education, Jhalawar, District Jhalawar, Rajasthan.

26. The District Education Officer (Headquarter), Elementary Education, Ajmer, District Ajmer, Rajasthan.

27. The District Education Officer (Headquarter), Elementary Education, Tonk, District Tonk, Rajasthan.

----Petitioners Versus

1. Dilip Kumar S/o Shri Tulsa Ram, Aged About 41 Years, Shiv Bhawan, Peelwa House, Outside Nagori Gate, Jodhpur, District Jodhpur, Rajasthan.

2. Santosh Kumar Upadhyay S/o Shri Ram Ji Upadhyay, Aged About 39 Years, Kg Complex, Behind Durgamata Mandir, Bhagwanpura Industrial Area, Rani Bazar, Bikaner, District Bikaner, Rajasthan.

3. Abudl Haq S/o Abudl Saleem, Aged About 40 Years, Nai Basti, Rajnagar, Vijaynagar, Ajmer, District Ajmer, Rajasthan.

4. Ratna Dube D/o Shri Brijnath Dube, Aged About 43 Years, Industrial Area, Bhagwanpura, Rani Bazar, Bikaner, District Bikaner, Rajasthan.

5. Ashok Kumar Jhankal S/o Shri Kishan Lal, Aged About 50 Years, Hindu Chippo Ka Mohalla, Baruji Chowk, GS Road, Bikaner, District Bikaner, Rajasthan.

6. Hari Kumar Sen S/o Shri Bheru Lal Sharma, Aged About 37 Years, H.No. 29, Ganpati Residency, Opposite Central Bank, Raipur, Tehsil Raipur, District Jhalawar, Rajasthan.

7. Ashok Kumar Sen S/o Shri Poona Chand Sen, Aged About 44 Years, VPO Raipur, Tehsil Raipur, District Jhalawar, Rajasthan.

8. Pradeep Kumar Paliwal S/o Shri Ramgopal Paliwal, Aged About 45 Years, Hat Chowk, VPO Raipur, Tehsil Raipur, District Jhalawar, Rajasthan.

9. Anwar Khan S/o Abdul Hameed Khan, Aged About 41 Years, Harish Chandra Colony, Near Gyandeep School, Jhalrapatan, District Jhalawar, Rajasthan.

10. Bhawani Shankar Sharma S/o Shri Madan Lal Sharmaa, Aged About 49 Years, VPO Salwad, Tehsil Jhalrapatan, District Jhalawar, Rajasthan.

11. Tulsi Ram Sharma S/o Shri Madan Lal Sharma, Aged About 39 Years, 35, Nai Aabadi, Raipur, Tehsil Raipur, District Jhalawar, Rajasthan.

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12. Devilal Kumawat S/o Mangilal Kumawat, Aged About 41 Years, VPO Muhla, Tehsil Shahpura, District Bhilwara, Rajasthan.

13. Ram Ratan S/o Shri Asharam Ji, Aged About 40 Years, Village Raliyavata, Post Gawardi, Tehsil Riyanbadi, District Nagaur, Rajasthan.

14. Pushpendra Kumar Choubisa S/o Shri Bhupendra Nath Choubisa, Aged About 39 Years, Near Jain Mandir, Mohalla Ghanti Jambua Chowk, Dungarpur, District Dungarpur, Rajasthan.

15. Sidharth Choudhary S/o Shri Vineet Kumar Choudhary, Aged About 43 Years, 1-A, Aadarsh Colony, Opposite Shreeji Honda Service Center, Flora Complex, Pula, Udaipur, District Udaipur, Rajasthan.

16. Manish Lodha S/o Shri Mithalal Lodha, Aged About 40 Years, 38, Pulak Vihar, Udaipur, District Udaipur, Rajasthan.

17. Manish Kumar Jain S/o Shri Kanheya Lal Jain, Aged About 40 Years, VPO Khakhad, Tehsil Jhadol Falasiya, District Udaipur, Rajasthan.

18. Kamlesh Kumar Jain S/o Shri Babulal Jain, Aged About 42 Years, 5/185, Hiran Magri, Sector-14, Rhb, Udaipur, District Udaipur, Rajasthan.

19. Mahesh Chad Patidar S/o Shri Madanlal Patidar, Aged About 39 Years, Village Khedla, Post Asnawar, Tehsil Asnawar, District Jhalawar, Rajasthan.

20. Jagdish Kumar Rathore S/o Shri Mohan Lal Rathore, Aged About 43 Years, Pani Ki Tanki Ke Paas, Nai Aabadi, VPO Jhalrapatan, Tehsil Jhalrapatan, District Jhalawar, Rajasthan.

21. Lekhraj Suman S/o Shri Chittar Lal Suman, Aged About 43 Years, Bada Bazar, Khanpur, Tehsil Khanpur, District Jhalawar, Rajasthan.

22. Brijlal Patidar S/o Shri Harlal Patidar, Aged About 39 Years, VPO Semlikham, Tehsil Raipur, District Jhalawar, Rajasthan.

23. Babu Lal Meena S/o Shri Heera Lal Meena, Aged About 44 Years, Brahman Mohalla, Village Semli Kalyan, Postsalri, Tehsil Raipur, District Jhalwar, Rajasthan.

24. Manoj Kumar Kalal S/o Shri Durgalal Kalal, Aged About 37 Years, H.no. 7, Shanti Kunj, Jhalawar, District Jhalawar, Rajasthan.

25. Ramchandra S/o Shri Seeta Ram Gurjar, Aged About 49 Years, Village Palkhanda, Post Salri, District Jhalawar, Rajasthan.

26. Kanwar Lal Prajapat S/o Shri Ratan Lal Prajapat, Aged About 42 Years, Village Kotdi Khurd, Post Kalitalai, District Jhalawar, Rajasthan.

27. Ramlal Gurjar S/o Shri Pur Singh Gurjar, Aged About 38 Years, Village Kotdi Khurd, Post Kalitalai, District

(4 of 5) [WRW-112/2021]

Jhalawar, Rajasthan.

28. Santosh Meena D/o Shri Dhanna Lal Meena, Aged About 36 Years, B-59, Jawahar Colony, Jhalawar, District Jhalawar, Rajasthan.

29. Ganga Nagar D/o Shri Surajmal Nagar, Aged About 40 Years, VPO Khandi, Tehsil Khanpur, District Jhalawar, Rajasthan.

30. Prembai Nagar D/o Shri Chaturbhuj Nagar, Aged About 40 Years, Saya Flex, Jhalawar Road, Khanpur, District Jhalawar, Rajasthan.

31. Meenakshi Jain D/o Shri Kanheya Lal Jain, Aged About 36 Years, VPO Kalyari, Tehsil Jhadol, District Udaipur, Rajasthan.

32. Dinesh Singh S/o Shri Ramkishan Singh, Aged About 47 Years, 36 Pulak, Vihar, Sukher, Udaipur, District Udaipur, Rajasthan.

33. Manjula Meena D/o Shri Dadam Chand, Aged About 40 Years, 25-B, Ambawadi, Rampura, Gram Panchayat Sisarma, Udaipur, District Udaipur, Rajasthan.

34. Vasudev Purohit S/o Shri Bhanwar Lal Purohit, Aged About 44 Years, 10, Gadhmagri, Shobhagpura, Panchayat Samiti Badgaon, District Udaipur, Rajasthan.

35. Renu Sharm D/o Shri Chandra Vallabh Mehta, Aged About 51 Years, 35, Chhoti Brahmpuri, Udaipur, District Udaipur, Rajasthan.

36. Rajesh Kumar Gautam S/o Shri Radheyshyam Sharma, Aged About 44 Years, Rawle Ke Pass, VPO Shivad, District Sawai Madhopur, Rajasthan.

37. Bhavna Nigam D/o Shri Ramprasad Nigam, Aged About 38 Years, 1236, Badamn Gurjar Ki Gali, Tamboli Mohalla, Jhalawar, District Jhalawar, Rajasthan.

38. Rekha Rani D/o Shri Kunwar Pal Singh, Aged About 38 Years, 36, New Pulak Vihar, Sukher, Udaipur, District Udaipur, Rajasthan.

39. Madhu Paliwal D/o Shri Bheru Lal Sharma, Aged About 44 Years, 13, Ghanerao Ki Ghati, Darwaje Ke Pass, Udaipur, District Udaipur, Rajasthan.

                                                                ----Respondents


For Petitioner(s)        :     Mr. K.K. Bissa, AGC
For Respondent(s)        :     -


                    JUSTICE DINESH MEHTA
                                    Order

31/03/2022

1. The defects pointed out by the Registry are overruled.

(5 of 5) [WRW-112/2021]

2. The present review petition is directed against the order

dated 04.09.2020, passed by this Court in writ petition filed by the

respondents.

3. A perusal of the order under consideration reveals that

though learned counsel for the petitioners had placed reliance on

the judgment rendered in case of Ramesh Chand Saini & Ors.

Vs. State of Rajasthan & Ors. : D.B. Civil Writ Petition

No.4253/2019) and order dated 17.05.2018, passed in the case

of Lekhraj Meena & Ors. Vs. State of Rajasthan & Ors. : S.B.

Civil Writ Petition No.10692/2018, but the Court has not

given its verdict about the applicability of the above referred

judgments, considering that the petitioners had simply sought a

liberty to make a representation before the authorities concerned

to decide their rights in light of the judgments aforesaid.

4. It is pertinent that while disposing of the writ petition, this

Court has not given any finding about the petitioners' case being

covered by the judgments relied upon.

5. Hence, this Court does not find any error apparent on the

face of the record because rights of the petitioners have not been

decided. Obviously, the respondents shall be free to decide

petitioners' representation in accordance with law while

considering the referred judgments.

6. The review petition is, therefore, dismissed.

7. Stay application also stands disposed of accordingly.

(DINESH MEHTA),J 9-Ramesh/-

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