Rajasthan High Court - Jodhpur
Daya Ram vs State Of Rajasthan ... on 2 August, 2023
Bench: Arun Bhansali
[2023:RJ-JD:24486]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 8236/2023
Daya Ram S/o Bhoora Ram, aged about 40 years, R/o Village
and Post Komta, Tehsil Sayala, District Jalore (Raj.).
----Petitioner
Versus
1. State of Rajasthan through the Principal Secretary,
Department of Rural Development and Panchayati Raj
(Panchayati Raj), Government of Rajasthan, Jaipur,
Rajasthan.
2. Additional Commissioner, Rural Development and
Panchayati Raj Department, Government of Rajasthan,
Jaipur.
3. Chief Executive Officer, Zila Parishad, Barmer, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pawan Singh.
For Respondent(s) : Mr. Piyush Bhandari on behalf of
Mr. Sunil Beniwal, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
02/08/2023
1. It is submitted by counsel for the parties that the issue
raised in the present writ petition is squarely by order in Parvati
vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition
No.3670/2023 decided on 24.05.2023 by a Coordinate Bench and,
therefore, the present writ petition may also be decided in the
light of and with similar directions as in the case of Parvati
(supra).
2. In the case of Parvati (supra), the Coordinate Bench of this
Court, inter-alia, observed and directed as under:
"Heard learned counsel for the parties.
Learned counsel for the petitioner submits that
thecontroversy involved in the present case is squarely
[2023:RJ-JD:24486] (2 of 2) [CW-8236/2023]
covered by the judgment of this Court rendered in a bunch
of writ petitions led by S.B. Civil Writ Petition
No.16990/2022 (Vinay Govind Trivedi V/s State of
Rajasthan & Anr.) and other connected matters decided
on 27.02.2023 in the following terms: -
"Thus, in view of the above, the present writ
petitions are allowed, and the respondents are
directed to consider the claim of the petitioners on
the basis of their actual marks obtained in the
supplementary examination and thereafter, the
merit of the Secondary Board Examination shall be
accordingly computed; in case the petitioners are
coming in merit and are otherwise found eligible,
appropriate appointment shall be granted to them
prospectively. The interim orders passed by the
Coordinate Bench of this Hon'ble Court in most of
the above numbered writ petitions, whereby the
concerned respondent authority was directed to
keep one post vacant during the pendency of the
writ petitions and thus, the question of vacancy
need not be dealt with by this Court.
All pending applications stand disposed of."
Learned counsel for the respondents is not in a
position to refute the submissions made by the learned
counsel for the petitioner.
In view of the submissions made above, the present
writ petition is allowed in the terms of the judgment passed
by this Court in the case of Vinay Govind Trivedi (Supra)
decided on 27.02.2023. It is made clear that the
candidature of the petitioner is required to be considered
only if the vacancies is available with the respondent-
department.
Stay application as well as other pending applications,
if any, shall stand disposed of.
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 petitioner would be entitled to the
relief."
3. In view of submissions made, the writ petition filed by the
petitioner is disposed of with similar directions as given in the case
of Parvati (supra).
(ARUN BHANSALI),J
61-DJ/-
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