Ishwari Prasad S/O Shri Charan Lal vs State Of Rajasthan
2022 Latest Caselaw 7414 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 4508/2022

1.     Ishwari Prasad S/o Shri Charan Lal, Gayatri Colony,
       Behind Tehsil, Nadbai Bharatpur.
2.     Shyam Sunder Yadav, S/o Shri Shivnath Yadav, R/o
       Dholiyo Ka Vaas, Post-Bhagawas, Vaya Renwal, District-
       Jaipur.
3.     Surendra Kumar Sharma, S/o Late Shri Chauthmal
       Bhagat, R/o Plot No. 349, Barkat Nagar, Tonk Phatak,
       Jaipur.
4.     Sunil Kumar Sharma, S/o Shri Kailash Chandra Sharma,
       R/o Plot No. 1/281, Housing Board, Gupteshwar Road,
       Dausa.
5.     Yogesh Kumar Sharma, S/o Shri Rajendra Kumar Sharma,
       R/o Gram Post-Kailai, Vaya Dubbi, Tehsil-Sikray, Dausa.
6.     Yogesh Kumar Gupta, S/o Shri Mahendra Kumar Gupta,
       R/o Plot No. 32, Jain Colony, Niwai, Tonk.
7.     Amit Sharma, S/o Om Prakash Sharma, 201, Avadhpuri
       -Ii, Mahesh Nagar, Jaipur.
                                                                   ----Petitioners
                                    Versus
1.     State Of Rajasthan, Through Principal Secretary, Higher
       Education And College Education Jaipur.
2.     Commissioner, Department Of College Education, Block
       Iv, Dr S Radhakrishnan Shiksha Sankul, Jawahar Lal
       Nehru Marg, Jaipur, Rajasthan.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Ajay Singh
For Respondent(s)         :     Mr. Aditya Sharma, Dy.G.C.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

22/11/2022

(2 of 3) [CW-4508/2022]

The matter comes up on an application (2/2022) filed by the

petitioners seeking disposal of this writ petition in the light of

direction dated 27.01.2021 issued by a Coordinate Bench of this

Court in SB Civil Writ Petition No.9/2021: Rajnish Kumar

Atrya & Anr. versus State of Rajasthan & Ors.

Learned counsel for the petitioners submits that the

controversy involved herein is no more res integra and stands

resolved by the aforesaid judgment of a Coordinate Bench of this

Court and prays for disposal of the instant writ petition in the light

thereof.

Learned counsel for the respondents did not dispute the

aforesaid proposition.

In case of Rajnish Kumar Atrya & Anr. (supra), this Court

issued following directions:-

"5. In view of the aforesaid, following the judgment in case of Om Prakash (supra), the writ petition is disposed of in same terms.

6. For the purpose aforesaid, the petitioners shall file representation before the competent authority giving out the requisite details along with certified copy of the order instant within a period of four weeks from today. On receipt of the representation, the concerned respondent shall decide the same, in accordance with law within a period of eight weeks from the date of receipt of the representation and accord notional benefits to the petitioners from the date persons similarly situated to them and lower in merit were given appointment.

7. Upon consideration of the representation so filed, if respondents find the cases of the petitioners to be covered by the

(3 of 3) [CW-4508/2022]

judgment(s) aforesaid, before giving actual benefits, an undertaking shall be procured from the concerned petitioners to the effect that their rights/entitlements shall be subservient to the fate of the judgment(s) aforesaid and in case the same is reversed or modified in any manner, they shall also be liable for restitution of any benefits/emoluments so received."

Taking into consideration the contentions advanced by the

learned counsels for the respective parties, the application

deserves to be allowed.

The application is allowed. The writ petition is disposed of in

terms of direction issued by this Court in case of Rajnish Kumar

Atrya & Anr. (supra) which shall apply mutatis mutandis to this

case also.

(MAHENDAR KUMAR GOYAL),J

Manish/114

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