Babu Lal Depan And Anr vs State Of Raj And Ors
2022 Latest Caselaw 6554 Raj/2

Citation : 2022 Latest Caselaw 6554 Raj/2
Judgement Date : 11 October, 2022

Rajasthan High Court

Babu Lal Depan And Anr vs State Of Raj And Ors on 11 October, 2022

Bench: Inderjeet Singh

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 2339/2010

1.       Babulal Depan Son Of Shri Bhanwar Lal, House No. 2,
         Rammolla Road, Outside Nagori Gate, Jodhpur.
2.       Rattiram Meena Son Of Shri Kishori Lal Meena, VPO
         Singhana, District Jhunjhunu
                                                                                 ----Petitioners
                                              Versus
1.       State        Of      Rajasthan           Through          Its     Chief       Secretary,
         Government Of Rajasthan, Secretariat, Jaipur
2.       Principal         Secretary,         Technical         Education          Department,
         Rajasthan, Govt. Secretariat, Jaipur
3.       Principal Secretary, Department Of Personnel, Rajasthan,
         Government Secretariat, Jaipur
4.       Director, Technical Education Department, Rajasthan,
         Jodhpur
5.       Rajasthan Public Service Commission, Rajasthan, Ajmer
         Through Its Secretary
                                                                             ----Respondents

For Petitioner(s) : Mr. Ashok Bansal with Mr. Pawan Sharma For Respondent(s) : Mr. Hari Kishan Saini, Dy.G.C.

Mr. Manoj Pareek

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

11/10/2022

Learned counsel for the petitioner does not want to press the

prayer with regard to validity of Rule 42 of the Rajasthan Technical

Education (Engineering) Rules, 2010.

Learned counsel for the petitioner submitted that the issue

involved in this writ petition has been considered and decided on

(D.B. SAW/2607/2011 has been filed in this matter. Please refer the same for further orders)

(2 of 2) [CW-2339/2010]

31.05.2018 by the Division Bench of this Court at Principal Seat

Jodhpur in the case of Rajeev Kumar Jaiswal and Ors. Vs.

State of Rajasthan and Ors. wherein it has been held as

under:-

"The upshot of the above discussion is that the writ petition filed by the petitioners deserves to be allowed, accordingly, the same is allowed. The retrospectivity given to the Rules of 2010 with effect from 01.09.1996 is hereby declared illegal, unconstitutional and accordingly the same hereby struck down and the respondent State is directed to make applicable Rules prospectively i.e. from the date of enactment. However, it is clarified that the vacancies which arise after 2010, shall be filled in, in accordance with Rules of 2010 and all those unfilled vacancies of Head of Department and Principal till 08.01.2010, shall be filled in, in accordance with Rules of 1973. The respondents are directed to consider the candidature of the petitioners for promotion on the post of Principal/Joint Director against the vacancies, which remained unfilled, till January, 2010 and the said exercise may be made within a period of six months from the date of receipt of certified copy of this order. No costs."

Learned counsel for the respondents have not disputed the

submissions made by learned counsel for the petitioner.

In that view of the matter, this writ petition is disposed of in

view of the judgment passed by the Division Bench of this Court at

Principal Seat Jodhpur in the case of Rajeev Kumar Jaiswal

(supra). Pending applications, if any, also stand disposed of.

(INDERJEET SINGH),J

RAJAT KUMAR /70

(D.B. SAW/2607/2011 has been filed in this matter. Please refer the same for further orders)