Balveer Singh vs State Of Rajasthan ...
2023 Latest Caselaw 3698 Raj

[2023/RJJD/012459]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5719/2023

1. Balveer Singh S/o Sh. Roop Singh, Aged About 32 Years, R/o Village Tambariya Kallan, Post Hiradesar, Bhopalgarh, District Jodhpur (Rajasthan)

2. Vijay Kumar S/o Sh. Rattan Lal, Aged About 33 Years, R/o Ward No. 9, Sangaria, District Hanumangarh (Rajasthan).

3. Imran Ali Silawat S/o Bhanwaruddin Silawat, Aged About 37 Years, R/o Dujar Ladnun, District Nagaur (Rajasthan).

4. Ravi Kumar S/o Sh. Raj Kumar, Aged About 42 Years, R/o Ward No. 9, Sangaria, District Hanumangarh (Rajasthan).

5. Mukesh Prajapat S/o Narasi Ram, Aged About 29 Years, R/o V P O Rajod, Tehsil Jayal, District Nagaur (Rajasthan)

6. Sunil Kumar S/o Jethmal Pareek, Aged About 33 Years, R/ o Village Nimbi Jodhan, Tehsil Ladnun, District Nagaur.

7. Gurdas S/o Anat Ram, Aged About 43 Years, R/o Ward No. 7, V P O Nukera, Sangaria, District Hanumangarh (Rajasthan).

8. Bhawani Singh S/o Vijay Singh, Aged About 37 Years, R/o Bhawani Singh Village Janjeela, District Nagaur (Rajasthan)

9. Parmeshwar Mali S/o Ramkishore Mali, Aged About 29 Years, R/o Prithviraj Ka Thara, Merta City, District Nagaur.

10. Farukh Sindhi S/o Sikandar Khan, Aged About 31 Years, R/o Barkat Colony, Ward No. 26, Phalodi, District Jodhpur.

11. Aslam Khan S/o Haji Meer Mohd., Aged About 31 Years, R/o V P O Rinmalar, Tehsil Phalodi, District Jodhpur (Rajasthan)

12. Indra Singh S/o Jujar Singh, Aged About 37 Years, R/o Ratan Sagar, Posaliya, Tehsil Sheoganj, District Sirohi (Rajasthan)

13. Ghasee Ram Barwar S/o Revant Ram Barwar, Aged About 27 Years, R/o V P O Ghanghu, Ghanghu, District Churu, Rajasthan.

14. Jitesh Rewani S/o Rajkumar Rewani, Aged About 25 Years, R/o 8/41, Malviya Nagar, District Jaipur (Rajasthan)

15. Mohd. Irfan S/o Mohd. Farkan, Aged About 31 Years, R/o

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Railway Fatak Ke Pass, Chosla Road, Morak Station Morah, District Kota (Rajasthan)

16. Sunil Kumar S/o Omprakash, Aged About 26 Years, R/o V P O Dhandhan, Tehsil Ramgarh, Shekhawati, District Sikar.

17. Abhishikha Choudhary D/o Jagdev Ram, Aged About 33 Years, R/o 385, Swarnpuri, Kanapura, Sirsi Road, Panchyawala, District Jaipur (Rajasthan)

18. Rajbeer Singh S/o Laxman Singh, Aged About 45 Years, R/o Dhani Charan, Birmi, District Jhunjhunu (Rajasthan)

19. Waqif Khan S/o Wakeel Ahamed, Aged About 28 Years, R/ o Village Malarna Dungar, Tehsil Malarna Dungar, District Swai Madhopur (Rajasthan).

20. Sandeep Kumar Sharma S/o Om Prakash Sharma, Aged About 32 Years, R/o V P O Lakhani Via Reengus, Tehsil Khandela, District Sikar (Rajasthan)

21. Jitendra Lata S/o Rajesh Lata, Aged About 40 Years, R/o Ward No. 10 V P O Babai, Tehsil Khetri, District Jhunjhunu (Rajasthan)

22. Vimal S/o Ramkaran Ram, Aged About 26 Years, R/o Village Khara, P.o. Sarothia, Tehsil Sujangarh, District Churu.

23. Jyoti D/o Rajkumar, Aged About 37 Years, R/o Ward No. 9, Sangaria, District Hanumangarh (Rajasthan)

24. Salamu Deen S/o Shakur Khan, Aged About 30 Years, R/o Ward No. 23, Taranagar, District Churu (Rajasthan)

25. Maneesh Kaushal S/o Mahesh Chander, Aged About 35 Years, R/o Village Kesar Nagar, Post Koleera, District Sikar (Rajasthan)

26. Hari Ram S/o Khiya Ram, Aged About 38 Years, R/o Village Khatora, Post Khatora, Tehsil Khinwsar, District Nagaur (Rajasthan)

27. Suresh Kumar S/o Govind Ram, Aged About 32 Years, R/o V P O Kharabara, Tehsil Chatargarh, District Bikaner (Rajasthan)

28. Saddam Khan S/o Salim Khan, Aged About 30 Years, R/o Ghansi Ki Dhani, V P O, Lalwari, Newai, District Tonk (Rajasthan)

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29. Chain Singh Tanwar S/o Mohan Singh Tanwar, Aged About 41 Years, R/o M. N. 1755, Second Paharganj Colony, Lal Sagar Road Mandor Road, Jodhpur (Rajasthan)

30. Mohammed Abid S/o Mohammed Yusuf, Aged About 33 Years, R/o Tehsil Road, Bilara, Bilara, District Jodhpur (Rajasthan)

31. Sajjuddin Siddiqui S/o Majid Ali Siddiqui, Aged About 36 Years, R/o V P O Rol, Tehsil Jayal, District Nagaur (Rajasthan)

32. Shadab Khan S/o Shabbir Khan, Aged About 35 Years, R/ o H. No. 5, Shiv Nagar, Police Line Baran Road, District Kota (Rajasthan).

33. Girraj Prasad Kumawat S/o Ramkaran Kumawat, Aged About 34 Years, R/o V P O, Thali, Tehsil Andhi, District Jaipur.

34. Arjun Ram S/o Tulchha Ram, Aged About 25 Years, R/o 388, Jakhdon Ki Dhani, Hariom Nagar, Village Ekalkhori, Tehsil Osian, District Jodhpur (Rajasthan)

35. Laxmi Bhagtani D/o Jai Narayan, Aged About 39 Years, R/ o 2/193, Near Ganesh Park, Vidhyadhar Nagar, District Jaipur (Rajasthan).

36. Rajendra Singh S/o Narendra Singh, Aged About 28 Years, R/o C/o Narendra Singh V P O Birania, Tehsil Fatehpur Shekhawati, District Sikar (Rajasthan)

37. Sugan Kumhar S/o Harla Ram Kumhar, Aged About 35 Years, R/o Village Angari Post Nangalbani, Tehsil Thanagazi, District Alwar (Rajasthan)

----Petitioners Versus

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

2. The Principal Secretary, Education Department (Elementary), Govt. Of Rajasthan, Secretariat, Jaipur.

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

4. Rajasthan Staff Selection Board, Jaipur, Through Its Chairman, Office Address State Agriculture Management Institution Campus, Durgapura, Jaipur.

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5. National Council For Teacher Education, Wind II, Hans Bhawan, Bahadur Shah Jafar Marg, New Delhi, Through Its Secretary.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. D. S. Gaur
For Respondent(s)         :     Mr. Pankaj Sharma, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/04/2023

Heard learned counsel for the parties.

Since, common question of facts and law is involved in the

present writ petition, therefore, the same is being heard and

decided by this common order.

On 02.01.2023, following order was passed by this court:-

"1. Mr. Bishnoi, learned counsel for the petitioners submits that in relation to the recruitment earlier initiated, a coordinate bench of this Court passed a detailed interim order in favour of the candidates in S.B.Civil Writ Petition No.821/2022 (Surya Prakash Achara & Ors. vs. State of Rajasthan & Ors.).

2. In view of the above, issue notice. Issue notice of stay application also.

3. Mr. Pankaj Sharma, learned Additional Advocate General and Mr. D.S. Beniwal, learned counsel accept notice on behalf of the respondents.

4. Meanwhile, it is directed that the respondents (including the Staff Selection Board) shall permit the petitioners and all other candidates, who have done their graduation with additional subject, to apply pursuant to advertisement dated 16.12.2022 subject to outcome of the present writ petition as well as the Special Leave Petitions pending before Hon'ble the Supreme Court.

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5. As the online application forms do not provide for filing of the applications by candidates, who have done their graduation with additional subject, the respondent No.4 shall do the needful in this regard so as to provide opportunity to all the candidates like the petitioners to apply pursuant to the advertisement dated 16.12.2022.

6. It is further directed that the mechanism for filing applications shall be provided in a manner that candidates, who have done their graduation with additional subject, are grouped separately from other candidates, so as to give effect to the judgments in the present writ petition and/ or the Special Leave petitions pending before the Hon'ble Supreme Court.

7. The respondent- Staff Selection Board would be free to decide about the mechanism in this regard as learned counsel representing the respondent- Staff Selection Board made submissions that the applications would have to be invited online only and for providing the said facility, the software would be required to be updated/ modified which will take some time.

8. The needful may be done by the respondents and adequate opportunity be provided to the petitioners and all other similarly placed candidates, who have done their graduation with additional subject.

9. Remaining similarly placed candidates may not approach this Court for the purpose of claiming interim relief as the State would not restrict any of the candidates for want of specific interim orders in their favour.

10. The candidature of the petitioners and all other candidates with additional degree, who have been permitted to furnish online applications by virtue of other order instant, would be subject to decision in pending Special Leave Petitions before the Hon'ble Supreme Court and/ or order passed in the present petition.

11. The response to the petition, if any, be filed within a period of four weeks.

12. List this case after four weeks".

The counsel for the petitioners submits that during the

pendency of the present writ petition, the petitioners have been

[2023/RJJD/012459] (6 of 7) [CW-5719/2023]

permitted to appear in the examination conducted by the

respondents.

Learned counsel for the respondents submits that the

respondents are aware of the fact that the matter is getting

attention of the Hon'ble Supreme Court.

On 04.01.2023, the following order was passed by the

respondent State:-

"Øekad%i-14¼107½[email protected]@izk-f'[email protected]/;[email protected]@[email protected]@1290 fnukad% 04-01-23

&%% la'kksf/kr foKfIr %%& mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ&2022 cksMZ }kjk mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ&2022 ds vUrxZr v/;kid ysoy&f}rh;] d{kk 6 ls 8 ds fofHkUu inksa ij lh/kh HkrhZ gsrq fu/kkZfjr ;ksX;rk/kkjh vkosndksa ls foKfIr la[;k [email protected] fnukad 16-12-2022 dks tkjh dj vkWuykbZu vkosnu (Online Application Form) fnukad 21-12- 2022 ls 19-01-2023 jkf= 12%00 cts rd vkeaf=r fd;s tk jgs gSA

ekuuh; jktLFkku mPp U;k;ky; }kjk ;kfpdk la[;k [email protected] eas ikfjr varfje vkns'k fnukad 05-02-2022 rFkk loksZPp U;k;ky; es yfEcr fo'ks"k vuqefr ;kfpdk ds Øe esa mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ&2022 ds varxZr vfrfjDr fo"k; ls Lukrd mRrh.kZ vH;FkhZ Hkh bl HkrhZ g srq vkWuykbZu vkosnu dj ldsaxsA ;g vuqefr loksZPp U;k;ky; esa yfEcr fo'ks"k vuqefr ;kfpdk ds vafre fu.kZ; ds v/;/khu jgsxhA"

In view of the order dated 04.01.2023, the candidature of

the petitioners have been provisionally considered and the same

will be governed by final outcome by the Supreme Court.

Having considered the submissions made before this court,

the present writ petition is disposed of with a direction to the

respondents to provisionally consider the candidature of the

petitioners in accordance with law and grant them relief in

[2023/RJJD/012459] (7 of 7) [CW-5719/2023]

accordance with law subject to final outcome of the Special Leave

Petitions pending before the Supreme Court.

It is made clear that the benefits extended to the petitioners

will be purely on provisional basis subject to the final outcome of

the SLPs pending before the Supreme Court. No equitable rights

will be created in favour of the petitioners.

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 154-Shahenshah/-

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