Shaitan Singh vs State Of Rajasthan ...
2023 Latest Caselaw 1755 Raj

[2023/RJJD/005438]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 237/2022

1. Ram Nivas S/o Shri Kishana Ram, Aged About 32 Years, Village Udav Nagar Rad Ka Bera, Post Padiyal, Phalodi, District Jodhpur (Rajasthan)

2. Mahesh Kumar, Aged About 25 Years, V.p.o. Bathoth, Via Patoda, District Sikar (Rajasthan).

3. Narayan Ram Beniwal S/o Shri Har Sukh Ram, Aged About 30 Years, Village Barangaon, Post Barangaon, District Nagaur (Rajasthan)

4. Bhajan Lal S/o Shri Sona Ram, Aged About 27 Years, Village Badha, Post Gangasara, District Barmer (Rajasthan).

5. Rajendar Choudhary S/o Shri Goda Ram, Aged About 33 Years, Jato Ka Bass, Village Lunsara, District Nagaur (Rajasthan).

6. Ram Kanwari S/o Shri Shatan Ram, Aged About 27 Years, V.p.o Khajwana, Tehsil Mundwa, District Nagaur (Rajasthan)

7. Murari Lal Saini S/o Shri Nand Lal Saini, Aged About 31 Years, R/o Ramgarh Pachwara, Dausa, District Dausa, Rajasthan.

8. Om Prakash S/o Shri Bhaira Ram, Aged About 28 Years, R/o Sadar Thane Ke Piche, Jat Colony, Barmer, District Barmer, Rajasthan.

9. Sunil Kumar S/o Shri Bhageerath Ram, Aged About 32 Years, R/o Vp Bhanwar, Tehsil Sedwa, District Barmer, Rajasthan.

10. Mukesh Kumar Mali S/o Shri Ghasi Lal Mali, Aged About 32 Years, R/o Dhodhupura Wali, Ward No.06, Ugharmal Balaji Mirjapur, Gangapur City, Sawai Madhopur, District Sawai Madhopur, Rajasthan.

11. Hanuman Ram S/o Shri Pema Ram, Aged About 29 Years, R/o Village Khed, Post Tiwara, Tehsil Pachpadra, District Barmer, Rajasthan.

12. Hanuman Ram S/o Shri Poona Ram, Aged About 29 Years, R/o Lorti Height, Undkha, Barmer, District Barmer, Rajasthan.

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13. Mool Singh S/o Shri Manohar Singh, Aged About 28 Years, R/o Daulatpura, Nagaur, District Nagaur, Rajasthan.

14. Pooja Yadav D/o Shri Mani Ram, Aged About 28 Years, R/o Ward No.21, Jogiwala, Hanumangarh, District Hanumangarh, Rajasthan.

15. Karam Pal S/o Shri Chhoga Ram, Aged About 28 Years, R/o Vpo Bhalani, Tehsil Bagoda, Jalore, District Jalore, Rajasthan.

16. Birma Ram Jandu S/o Shri Rugha Ram, Aged About 30 Years, R/o Village Beeramsar, Post Rohini, Nagaur, District Nagaur, Rajasthan.

17. Sunil Kumar S/o Shri Banwari Lal Jyani, Aged About 32 Years, R/o Ward No.11, Vpo Phephana, Tehsil Nohar, District Hanumangarh, Rajasthan.

18. Mahaveer Prasad S/o Shri Ram Kumar, Aged About 28 Years, R/o Chak 2 Kwm, 61 Head, Bikaner, District Bikaner, Rajasthan.

19. Jitendra Rao S/o Shri Narendra Singh, Aged About 27 Years, R/o Vpo Binchawa, Tehsil Deedwana, Nagaur, District Nagaur, Rajasthan.

20. Shivraj Suwalka S/o Shri Satya Narayan Suwalka, Aged About 32 Years, R/o Village Dabardumaba, Tehsil Thodaraisaing, Tonk, District Tonk, Rajasthan.

21. Balkar Singh S/o Shri Mangal Singh, Aged About 30 Years, R/o Ward No.5, 6 Lpm, Post Mokamawala, 8 Lpm- A, Raisinghnagar, Sriganganagar, District Sriganganagar, Rajasthan.

22. Ratan Lal S/o Shri Chutara Ram, Aged About 29 Years, R/o Kanvo Ki Dhani, Indo Ki Dhani Second, Tehsil Osian, District Jodhpur, Rajasthan.

23. Parul Choudhary D/o Shri Purana Ram W/o Shri Shiv Ram, Aged About 30 Years, R/o Village Indapura, Post Pawa, Tehsil Didwana, Nagaur, District Nagaur, Rajasthan.

24. Manphool Swami S/o Shri Madan Lal Swami, Aged About 32 Years, R/o Vpo Seowa, Village Rajgarh, Churu, District Churu, Rajasthan.

25. Kailash Narayan Saharan S/o Shri Pusa Ram, Aged About 33 Years, R/o Vpo Bapeu, Tehsil Shri Dungargarh,

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Bikaner, District Bikaner, Rajasthan.

26. Mahadev Ram S/o Shri Ladhu Ram, Aged About 32 Years, R/o Kanvo Ki Beri, Rohila East, Tehsil Dhorimana, Barmer, District Barmer, Rajasthan.

27. Ashok Kumar S/o Shri Surta Ram, Aged About 29 Years, R/o Village Post Salaria, Tehsil Sedwa, Barmer, District Barmer, Rajasthan.

28. Kanwara Ram Choudhary S/o Shri Chutra Ram, Aged About 31 Years, R/o Kadwasara Ki Dhani, Barmer, District Barmer, Rajasthan.

29. Rameshver Lal Rawat S/o Shri Malla Singh, Aged About 31 Years, R/o Devgarh, Riyan Bari, Thanwala, Nagaur, District Nagaur, Rajasthan.

30. Mahesh Kumar S/o Shri Chhote Lal, Aged About 38 Years, R/o Village Savita Nagar, Pahari, Dholpur, District Dholpur, Rajasthan.

31. Naresh Singh S/o Shri Gangadhar Singh, Aged About 31 Years, R/o Dudi Nagar, Bhurki, Jhunjhunu, District Jhunjhunu, Rajasthan.

32. Bhawani Shankar S/o Shri Har Lal Singh, Aged About 36 Years, R/o Village Kurli, Tehsil And District Sikar, Rajasthan.

33. Ashok Vishnoi S/o Shri Ghewar Ram, Aged About 31 Years, R/o Village Guda Vishnoinyan, Tehsil Luni, District Jodhpur, Rajasthan.

34. Ramesh Kumar S/o Shri Ram Lal Saini, Aged About 30 Years, R/o Village Dhani Mohan Wali, Tehsil Sri Madhopur, District Sikar, Rajasthan.

----Appellants Versus

1. State Of Rajasthan, Through The Principal Secretary, Education Department (Elementary), Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

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

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4. Sohan Lal Bhagora S/o Shri Navala Bhagora, Aged About 36 Years, R/o Ward No. 10, Kharcha Pada, Samriya Samaria, Banswara, Rajasthan 327604

5. Anita Kumari Katara D/o Shri Teja Katara, Aged About 36 Years, R/o Chikli Badra, Post Chikli Teja, Banswara, Rajasthan.

6. Krishna Charpota W/o Shri Lal Shankar Charpota, Aged About 36 Years, R/o Mukam Ganau, Post Jhupale, Tehsil And District Banswara, Rajasthan.

7. Maya Pargi D/o Shri Bal Krishan Parti, Aged About 31 Years, R/o Sundrao, Bagidora, Banswara Rajasthan 327031

8. Sunil Kumar S/o Shri Om Prakash Sharma, Aged About

Hanumangarh - 335504 (Raj.).

9. Sandeep Kumar S/o Shri Ranvir Singh, Aged About 39 Years, V.p.o. Parlika, 20 Ntr, Farlika, District Hanumangarh - 335504 (Rajasthan).

10. Deepali Jain D/o Shri Vinay Kumar Jain, L-69, Vijay Vihar Phase - 2, Chuna Bhati Road, Rohini Sector 4, Vijay Vihar Rajapur Kalan, Rohini Sector 7, Narela, North West Delhi.

11. Smiriti Gautam D/o Shri Ram Kumar Gautam, Aged About 30 Years, 9, Behind B.d.r. Floor Mill, Nishat Bagh, Ambala Cantt. Ambala, Haryana 133001

12. Monika Kumari Sharma D/o Shri Kamlesh Sharma, Aged About 34 Years, Village Ramgarh Murara, Post Khera, Ward Ramgarh, Gangapur City Sawai Madhopur (Rajasthan).

13. Krishna Awatar Sharma S/o Shri Ram Awatar Sharma, Pratap Colony, Somnath Nagar, Dausa (Rajasthan).

14. Satish Kumar S/o Shri Harchand Singh, Aged About 40 Years, Near Rana Swami Satsangh Ghar, Lohgarh (273), Sirsa, Haryana 125140

15. Pooja Yadav W/o Shri Rajbir Singh Yadav, 7/170, R.h.b.

Colony, Bhiwadi, District Alwar (Rajasthan) 301019

16. Neeru Vohra D/o Shri Surendra Kumar Vohra, Aged About 43 Years, 1/327, Housing Board, Jawahar, Ganganagar (Rajasthan).

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17. Mandeep S/o Shri Bhag Singh, Aged About 28 Years, Dhani Thoba, Fatehabad (Haryana).

----Respondents Connected With D.B. Spl. Appl. Writ No. 231/2022 Rakesh Godara S/o Shri Sumer Singh Godara, Aged About 36 Years, B/c Jat, R/o B-4, Het Nagar, Udasar Phanta, Bikaner (Rajasthan).

----Appellant Versus

1. State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Secretariat, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner (Rajasthan).

3. Ashok Kumar S/o Shri Heera Ram Vishnoi, Aged About 25 Years, Village And Post Newai, Tehsil Pachpadra, District Barmer (Rajasthan).

4. Lalit Kumar S/o Shri Deveng, Aged About 36 Years, Vallabh Chowk, Bagidora, District Banswara (Rajasthan).

5. Milan Upadhyay S/o Shri Jayanti Lal Upadhyay, Aged About 40 Years, Ward No. 07, Brahman Patidar Mohalla, Jalana, District Banswara (Rajasthan).

6. Bhaktaveer Singh S/o Shri Narpat Singh Rathor, Aged About 33 Years, Rajput Fala, Ratdiaya, District Dungarpur (Rajasthan).

7. Ronak Dixit S/o Shri Madhukar Dixit, Aged About 35 Years, Ward No. 13, Bhattmewara, Khadagada, District Dungarpur (Rajasthan).

8. Prakash Chandra Chamar S/o Shri Sukh Lal Chamar, Aged About 39 Years, Padra, Yadav Basti, Padwa, District Dungarpur (Rajasthan).

9. Mahendra Kumar Chhagan S/o Shri Mani Lal Chhagan, Aged About 36 Years, Fala Mukam, Post Gadamedatiya, District Dungarpur (Rajasthan).

10. Kanhaiya Lal S/o Shri Narayan Lal, Aged About 38 Years, Chamunderi Rana Watan, Bali, District Pali (Rajasthan).

11. Bhanwar Lal Solanki S/o Shri Jodha Ram Solanki, Aged

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About 32 Years, Solankiyo Ki Dhaaniya, Acheena, Achina, District Nagaur (Rajasthan).

----Respondents D.B. Spl. Appl. Writ No. 368/2022

1. Sawai Solanki S/o Shri Likhma Ram Solanki, Aged About 26 Years, Byecaste Solanki, R/o Railway Colony, Mokalsar, District Barmer, (Rajasthan).

2. Laxmi Dhobi D/o Shri Gopal Dhobi, Aged About 26 Years, Byecaste Dhobi, R/o 4-E-2 New Housing Board, Shastri Nagar, Bhilwara (Rajasthan).

3. Bhagwani D/o Shri Narsi Ram, Aged About 25 Years, Byecaste Schedule Caste, R/o V.p.o. Binchawa, Didwana, District Nagaur (Rajasthan).

4. Bhalla Ram S/o Shri Kana Ram, Aged About 27 Years, Byecaste Obc, R/o Village Uttesar, Luni, District Jodhpur (Rajasthan).

5. Nema Ram S/o Shri Mana Ram, Aged About 29 Years, Byecaste Obc, R/o Village Dheedas, Samdari, District Barmer (Rajasthan).

6. Shrichand Vishnoi S/o Shri Bhanwar Lal, Aged About 29 Years, Byecaste Vishnoi, R/o Village Bhikamkaur, Osian, District Jodhpur (Rajasthan).

----Appellants Versus

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

2. The Secretary, Department Of Education, Govt. Of Rajasthan, Secretariat, Jaipur.

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

----Respondents D.B. Spl. Appl. Writ No. 401/2022

1. Shaitan Singh S/o Shri Bhagwan Singh, Aged About 28 Years, Resident Of Village Tudawali, Post Parla, Tehsil Todabhim, District Karauli (Raj.).

2. Krishna Choudhary D/o Shri Ram Sahay Jat, Aged About

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29 Years, Resident Of Vpo Mahapura, Tehsil Chauth Ka Barwara, District Sawai Madhopur (Raj.).

3. Rupendra Kumar Gurjar S/o Shri Ram Khilari Gurjar, Aged About 29 Years, Resident Of Vpo Dubbi, Tehsil Sikrai, District Dausa (Raj.).

4. Rohitashva Saini S/o Shri Bahagirath Mal Saini, Aged About 33 Years, Resident Of Ward No. 20, Dhani Daharwala Vpo Babai, Tehsil Khetri, District Jhunjhunu (Raj.).

5. Banwari Lal Devanda, Aged About 30 Years, Resident Of Village Post Chakwara, Tehsil Phagi, District Jaipur (Raj.).

6. Ullas Kumar S/o Shri Mahaveer, Aged About 32 Years, Resident Of Ward No. 19, Kuni Gali Kuni Chowk ,mangrol, District Baran (Raj.).

7. Suman Dudhwal D/o Nemi Chand Dudhwal, Aged About 32 Years, Resident Of Power House Ke Pichhe, Pragati Nagar, Ward No. 41, Sujangarh, District Churu.

8. Jagdish Prasad S/o Harish Chandra, Aged About 36 Years, Resident Of Mau Pada Dhar Ki Bawari, Lakheri, Tehsil Indergarh, District Bundi (Raj.).

9. Krishan Kuamr Dagur S/o Shri Nabab Sing Dagur, Aged About 32 Years, Resident Of Village Hukmikhera, Post Hukmikhera, Tehsil Hindaun City, District Karauli (Raj.).

10. Kalyan Ram Jat S/o Shri Kana Ram Jat, Aged About 40 Years, Resident Of Village Bingolaw, Post Sakhun, Tehsil Dudu, District Jaipur (Raj.).

11. Anita Choudhary D/o Shri Jagdish Choudhary, Aged About 32 Years, Resident Of V.p. Bansera, Todaraisingh, District Tonk.

12. Bharat Kumar Mehta S/o Shri Shyam Lal Mehta, Aged About 32 Years, Resident Of Village Kaloni, Post Mundiyar, Tehsil Shahabad, District Baran (Raj.).

13. Vinay Maan S/o Shri Tara Chand Maan, Aged About 34 Years, Resident Of Village Thikariya, Post Chala, Tehsil Neem Ka Thana, District Sikar (Raj.).

14. Rajendra Kumar Prajapat S/o Shri Bajrang Lal Prajapat, Aged About 31 Years, Resident Of Village Arnetha, Post Arnetha, Tehsil K Patan, District Bundi, (Raj.).

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15. Dileep Kumar Kirar S/o Shri Murari Lal, Aged About 32 Years, Resident Of Village 50 Telibans Fhod Baihata, Tehsil Shahabad, District Baran (Raj.).

16. Rajveer Singh Jatav S/o Shri Sannu Ram Jatav, Aged About 27 Years, Resident Of Village Loka Ka Bas, Noorpur, Kathumar, District Alwar (Raj.).

17. Gunjan Pahariya D/o Shri Choub Singh Pahariya, Aged About 26 Years, Resident Of Ward No. 6, Hat Maidan, Rajakhera, District Dholpur (Raj.).

18. Nemi Chand Bairwa S/o Shri Geela Ram Bairwa, Aged About 26 Years, Resident Of Village Jaisinghpura, Post Karanpura, District Alwar (Raj.).

19. Vimal Kumar Meghwal S/o Shri Nand Kishor, Aged About 27 Years, Resident Of Village And Post Seemli, Tehsil Baran, District Baran (Raj.).

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. The Principal Secretary, Rural Development And Panchayati Raj. Department, Government Of Rajasthan Secretariat, Jaipur.

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

----Respondents D.B. Spl. Appl. Writ No. 419/2022

1. Anil Kumar S/o Shri Mohan Lal, Aged About 25 Years, R/o Village Kumpaliya, Tehsil Gida, District District Barmer (Raj.). (Dob 05.05.1996)

2. Devendra Kumar, Aged About 26 Years, R/o Village Bheemda Kawas, Tehsil Baytu, District Barmer (Raj.) (Dob 20.02.1995)

3. Gharsi Ram, Aged About 24 Years, R/o Village Ratusar, Tehsil Sardar Sahar District Churu (Raj.) (Dob 01.04.1996)

4. Suresh Kumar, Aged About 27 Years, R/o Village Saranu, Tehsil Sanchore, District Jalore (Raj.) (Dob 22.02.1994).

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5. Sushma Garg, Aged About 27 Years, R/o Hanuman Bag Colony, District Nagaur, (Raj.) (Dob 16.05.1994)

6. Durga Ram, Aged About 27 Years, R/o Ugrash Khara, Tehsil Phalodi, District Jodhpur (Raj.) (Dob 30.06.1996)

7. Richhpal, Aged About 27 Years, R/o Village Ganguwala, Sikhan Post Tamkot Tehsil Padampur, District Sri Ganganagar (Raj.) (Dob 06.05.1994)

8. Bhera Ram, Aged About 34 Years, R/o Chouhtan, Barmer, District Barmer (Raj.) (Dob 09.10.1987)

9. Seema Dhobi, Aged About 26 Years, R/o Railmagara, Tehsil Railmagara, District Rajsamand (Raj.) (Dob 10.09.1995)

10. Usha, Aged About 27 Years, R/o Govt, Iti South Side, District Nagaur (Raj.) (Dob 25.12.1994)

11. Sweta, Aged About 31 Years, R/o Ghoomchakar Khedli Fatak Kota, District Kota (Raj.) (Dob 11.10.1989)

12. Mahesh Kumar, Aged About 27 Years, R/o Village Post Mai Tehsil Nadbai District Bharatpur (Dob 04.02.1994)

13. Rajendra Bairava, Aged About 30 Years, R/o Village Post Dantasuti Tehsil Bamanwas District Swaimadhopur (Dob 15.03.1991)

14. Pawan Verma, Aged About 30 Years, R/o Ambedkar Circle Sirji Colony Niwai District Tonk (Dob 07.11.1991)

15. Kiran Kumari, Aged About 26 Years, R/o Todi Sagar Malpura District Tonk (Dob 26.06.1995)

16. Shankar Lal Verma, Aged About 34 Years, R/o Mohala Raigaran Pipali District Tonk (Dob 02.07.1987)

17. Parvesh Kumar, Aged About 27 Years, R/o Dadabadi Kota District Kota (Dob 05.07.1994)

18. Vinod Kumar Balai, Aged About 31 Years, R/o Surya Chowk Chairana, Nawalganj District Jhunjhunu. (Dob 15.12.1990)

19. Bhawani Shankar Raigar, Aged About 31 Years, R/o Bhimrao Ambedkar Colony, Nainwa District Bundi. (Dob 06.10.1990)

20. Krishna Kalawat, Aged About 32 Years, R/o Ambedkar Colony, Mandara Tehsil Udaipur Vati District Jhunjhunu. (Dob 20.07.1991)

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21. Rekha Verma, Aged About 33 Years, R/o Vpo Ghar Tehsil Dooni District Tonk (Dob 08.09.1992)

22. Ramesh Bairava, Aged About 33 Years, R/o Village Post Chhan Tehsil And District Tonk (Dob 13.07.1988).

23. Hemraj Balai, Aged About 32 Years, R/o Nayagaon Guriyaran Tehsil Malpura District Tonk (Dob 01.05.1991)

24. Brajmohan, Aged About 26 Years, R/o Andwapurani Jhoriya Post Pakka Pura Tehsil Rajakheda, District Dholpur (Dob 10.02.1995)

25. Surendra Bairawa, Aged About 29 Years, R/o Khatoli District Kota (Dob 05.02.1992)

26. Chandra Prakash Bairawa, Aged About 27 Years, R/o Bairawa Mohala Via/ Tehsil Aryan District Ajmer (Dob 16.02.1994)

27. Chandra Prakash, Aged About 26 Years, R/o Awan Tehsil Kanwas District Kota (Dob 18.02.1995)

28. Rekha Sisodiya, Aged About 26 Years, R/o Khariya Mithapura Tehsil Bilara, District Jodhpur. (Dob 22.09.1995)

29. Pankaj Kumar, Aged About 26 Years, R/o Panchodi Kalan Sojat District Pali. (Dob 10.01.1995)

----Appellants Versus

1. State Of Rajasthan, Through The Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur, Rajasthan.

2. The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

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

----Respondents D.B. Spl. Appl. Writ No. 514/2022

1. Gena Ram S/o Shri Chimna Ram, Aged About 24 Years, Resident Of Village Post Meghwalo Ka Bas, Uttesar, Tehsil Luni, District Jodhpur

2. Jagdish Prasad S/o Shri Devi Lal, Aged About 36 Years,

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Resident Of Village Post Jaitsisar, Sardar Shahar, District Churu.

3. Dalip Kumar S/o Shri Mani Ram, Aged About 36 Years, Resident Of Village Post Rajpura, Ward No.15, Churu.

----Appellants Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Education (Elementary), Government Of Rajasthan, Secretariat, Jaipur.

2. The Principal Secretary, Department Of Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

3. The Director, Elementary Education, Bikaner.

----Respondents D.B. Spl. Appl. Writ No. 525/2022

1. Deen Dayal Kala S/o Sh. Richhpal Kala, Aged About 33 Years, Resident Of Vpo Gopalpura, District Churu.

2. Suresh S/o Sh. Ram Lal, Aged About 29 Years, Resident Of Village Dhamana Ka Goliya, Tehsil Sanchore, District Jalore.

3. Sonal Jangir S/o Sh. Ram Kumar Jangir, Aged About 29 Years, Resident Of Ward No. 3, Near Vishwa Karma Dharamshala, Taranagar, Churu.

4. Ashok Kumar S/o Sh. Binja Ram, Aged About 35 Years, Resident Of Vishnoiyon Ki Dhani, Bhawar, Sedwa, District Barmer.

5. Vishnu Kumar S/o Shri Bheema Ram, Aged About 24 Years, Resident Of V/p Jaisindhar, Tehsil Gadra Road, District Barmer.

6. Pawan Kumar S/o Sh. Lal Chand, Aged About 38 Years, Resident Of Vpo Deidass, Tehsil Nohar, District Hanumangarh.

7. Subhash Chandra Bishnoi S/o Shri Dungar Ram Bishnoi, Aged About 36 Years, Resident Of Village Dharnok, Tehsil Nokha, District Bikaner.

8. Goutam Chand Regar S/o Sh. Bhika Ram Regar, Aged About 39 Years, Resident Of 478, Regar Mohalla, Village Giri, Tehsil Raipur, District Pali.

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9. Mahesh Kumar Gaur S/o Sh. Ramswaroop, Aged About 28 Years, Resident Of Village Manch, Post Ata, Tehsil And District Karauli.

10. Bheem Singh Kathat S/o Sh. Punam Singh Kathat, Aged About 29 Years, Resident Of Village Khokari, Post Giri, District Pali.

11. Avadesh Kumar Jangid S/o Sh. Amara Ram Jangid, Aged About 27 Years, Resident Of Vpo Agewa, Tehsil Jaitaran, District Pali.

12. Bajrang Lal Jogi S/o Sh. Nand Lal Jogi, Aged About 26 Years, Resident Of Village Richhwa, Tehsil Bakani, District Jhalawar.

13. Kamal Singh Gurjar S/o Shri Banshi Lal Gurjar, Aged About 27 Years, Resident Of Village Reta, Post Dubbi, Tehsil Sikrai, District Dausa.

14. Sohan Lal Bairwa S/o Mohan Lal Bairwa, Aged About 30 Years, Resident Of Village Dungar Sikrai, Post Kundera Sikrai, Tehsil Sikrai, District Dausa.

15. Manisha Raiswal S/o Sh. Laxman Lal Bairwa, Aged About 30 Years, Resident Of Adarsh Colony, Mandawar Road, Tehsil Mehwa, District Dausa.

16. Ramawatar S/o Shri Ramkaran Muwal, Aged About 28 Years, Resident Of Village Dukiya, Post Bhanwal, Tehsil Riyan Badi, District Nagaur.

17. Varsha Sen D/o Shri Satish Chandra Sen, Aged About 31 Years, Resident Of Near Math Mandir, Ojha Gali, Mandal, District Bhilwara.

----Appellants Versus

1. State Of Rajasthan, Through Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

2. State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

3. Director, Elementary Education, Bikaner.

----Respondents D.B. Spl. Appl. Writ No. 556/2022

1. Sawai Ram Meghwal S/o Ganga Ram, Aged About 25

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Years, Village And Post Mokheri, Tehsil Phalodi, Jodhpur.

2. Dharmendra Singh S/o Nabav Singh, Aged About 24 Years, Village And Post Santruk, Tehsil Kumher, Bharatpur.

3. Shobhag Mal Nagar S/o Bheru Lal Nagar, Aged About 27 Years, Village Khera, Post Harigarh, Tehsil Khanpur, Jhalawar.

4. Sunita Nogiya D/o Lal Chand Nogiya, Aged About 25 Years, Deipol, Chunginaka, Ward No.15, Nainwa, District Bundi.

5. Sanju Choudhary D/o Jagannath Prasad Choudhary, Aged About 31 Years, Ward No.01, Hanuman Nagar, Pachar, Via Khachariawas, District Sikar.

6. Mukesh Chand Saini S/o Lalu Ram Saini, Aged About 32 Years, Village And Post Saloli, Tehsil Rani, District Alwar.

7. Komal Kumari D/o Navaratna Lal, Aged About 26 Years, Kauakho, Chatikana Bazaar, Karauli, District Karauli.

8. Anita D/o Virendra, Aged About 26 Years, Neemrana, Village And Post Mehtawas, Tehsil Neemrana, District Alwar.

9. Bruesh Kumar Dhakar S/o Lal Chand Dhakar, Aged About 31 Years, Banniya, Post Bheem Sagar, Tehsil Khanpur, District Jhalawar.

10. Ram Avtar Bairwa S/o Ladu Ram Bairwa, Aged About 30 Years, Village Teekar, Tehsil Jahazpur, District Bhilwara.

11. Avinash Rolaniya S/o Girdhari Lal, Aged About 32 Years, Village And Post Kaant, Tehsil Shahpura, District Jaipur.

12. Narsi Ram S/o Shri Bhojpal, Aged About 23 Years, Isapur, Katara, Ishapur, Bharatpur, Rajasthan.

----Appellants Versus

1. State Of Rajasthan, Through Principal Secretary Education Department (Elementary) Government Of Rajasthan Secretariat, Jaipur.

2. The Principal Secretary, Rural Development And Panchayati Raj. Department, Government Of Rajasthan Secretariat, Jaipur.

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

[2023/RJJD/005438] (14 of 33) [SAW-237/2022]

----Respondents D.B. Spl. Appl. Writ No. 562/2022

1. Sawai Ram S/o Heera Ram, Aged About 28 Years, Sutharo Ka Vas Rama, Tehsil Fatehgarh, District Jaisalmer.

2. Dharamveer Thori S/o Shyokaran Thori, Aged About 25 Years, Rajiyasar Station, Suratgarh, District Sriganganagar.

3. Prem Choudhar D/o Badri Lal Choudhary, Aged About 27 Years, Village Rampuraunti, Tehsil Sanganer, District Jaipur.

4. Hemant Kumar, Aged About 27 Years, Sanpa Manji, Sindhari, District Barmer.

5. Chanchal Saini, Aged About 35 Years, Plot No. 84, Mukhya Sodala, New Sanganer Road, Sodala, Jaipur.

6. Shrawani Kumari, Aged About 33 Years, Vpo Gothara Tagelan, Tehsil Dhod, District Sikar.

7. Suresh Kumar Choudhary, Aged About 27 Years, Village Awandiya, Post Pachala, Tehsil Phagi, District Jaipur.

8. Ganesh Prajapat, Aged About 27 Years, Village Kharol, Post Ghar, Tehsil Dooni, District Tonk.

9. Sushil Chharang, Aged About 28 Years, Village Igyasani, Tehsil Degana, District Nagaur.

10. Vimla, Aged About 28 Years, Vpo Neepal, Tehsil Rani, District Pali.

11. Hemant Kumar, Aged About 33 Years, Regaran Mohalla, Raipur, District Pali.

12. Mangi Lal Dagar, Aged About 40 Years, Village Bhankrota Khurd, Tehsil Sanganer, District Jaipur.

13. Surgyan Yogi, Aged About 35 Years, Village Dewan, Post Shahpura, District Jaipur.

14. Arjun Latiyal, Aged About 27 Years, Village Basni Rama Charan, Post Satlawas, Tehsil Merta City, District Nagaur.

15. Hari Singh Meena, Aged About 35 Years, Village Dhikla, Post Kanwara, Tehsil Dooni, District Tonk.

16. Ashok Kumar, Aged About 34 Years, Vpo Khinwasar, Tehsil Udaipurwati, District Jhunjhunu.

17. Om Prakash, Aged About 27 Years, Vpo Mokalsar, Tehsil

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Suratgarh, District Shri Ganganagar.

18. Babu Lal Meena, Aged About 30 Years, Village Khedoolya Lalan, Tehsil Todaraisingh, District Tonk.

----Appellants Versus

1. State Of Rajasthan, Through Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

2. State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

3. Director, Elementary Education, Bikaner.

----Respondents D.B. Spl. Appl. Writ No. 566/2022

1. Shakuntala D/o Kana Ram Dhayal, Aged About 33 Years, By Caste Jat, R/o Village Madho Ka Bas, Post Gudlia, Via Badhal, District Jaipur, (Rajasthan)

2. Raju Lal Choudhary S/o Ratan Lal Jat, Aged About 26 Years, By Caste Jat, R/o Village Devri Post Galod, Tehsil Peeplu, District Tonk (Rajasthan)

3. Ada Ram S/o Sona Ram, Aged About 36 Years, By Caste Obc, R/o Village Maghani Meghwaloan Ki Dhani, Ratanpura, Tehsil Gudamalani, District Barmer (Rajasthan)

4. Shri Pal Jat S/o Ved Prakash Jat, Aged About 30 Years, Village Anwar Nagar @ Bhurawali, Post Loharwara, Tehsil Peeplu, District Tonk (Rajasthan)

5. Vinod Shanker S/o Nand Lal, Aged About 39 Years, Ward No.20, Kapren, Tehsil K. Patan, District Bundi (Rajasthan)

6. Vikash Kumar Sharma S/o Radhey Shyam Sharma, Aged About 29 Years, Village Delunda Post Ajeta, Via Khatkar, Tehsil And District Bundi (Rajasthan)

7. Dimple Tiwari D/o Bheru Lal Tiwari, Aged About 30 Years, Old Subji Mandi Ki Gali, Sojat Road, District Pali (Rajasthan)

8. Meenu Kumari D/o Manish Babu, Aged About 27 Years, Village Ahmadpur, Post Khanpur Meena Tehsil Bar, District Dholpur (Rajasthan)

[2023/RJJD/005438] (16 of 33) [SAW-237/2022]

9. Meena Kumari Jatav D/o Ghisi Ram Jatav, Aged About 30 Years, V.p.o. Dharmpura Dhamred, Tehsil Rajgarh, District Alwar (Rajasthan)

10. Sunita Choudhary D/o Mukesh Kumar, Aged About 26 Years, By Caste Jat, R/o V.p.o. Dhani Holi Wali, Shahpura, Jaipur (Rajasthan)

----Appellants Versus

1. State Of Rajasthan, Through The Principal Secretary, Education Department (Elementary), Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur.

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

4. Sohan Lal Bhagora S/o Navala Bhagora, Aged About 36 Years, Ward No.10, Kharcha Pada, Samriya, Samaria, District Banswara (Raj.)

5. Anita Kumar Katara D/o Teja Katara, Aged About 36 Years, Chikli Badra, Post Chikli Teja, District Banswara (Rajasthan).

6. Krishna Charpota W/o Lal Shankar Charpota, Aged About 36 Years, Mukam Ganau, Post Jhupale, Tehsil And District Banswara (Rajasthan).

7. Maya Pargi D/o Bal Krishan Parti, Aged About 31 Years, Sundrao, Bagidora, District Banswara-327031 (Rajasthan).

8. Sunil Kumar S/o Om Prakash Sharma, Aged About 37 Years, Ward No.5, 16 Dpn, Ramgarh, District Hanumangarh-335504 (Raj.)

9. Sandeep Kumar S/o Ranvir Singh, Aged About 39 Years, V.p.o. Parlika, 20 Ntr, Farlika, District Hanumangarh- 335504 (Raj.).

10. Deepali Jain D/o Vinay Kumar Jain, Aged About 39 Years, L-69, Vijay Vihar Phase -2, Chuna Bhati Road, Rohini Sector-4, Vijay Vihar Rajapur Kalan, Rohini Sector-7 Narela, N-W Delhi.

[2023/RJJD/005438] (17 of 33) [SAW-237/2022]

11. Smriti Gautam D/o Ram Kumar Gautam, Aged About 30 Years, 9, Behind B.d.r. Floor Mill, Nishat Bagh, Ambala Cantt, Ambala, Haryana-133001.

12. Monika Kumari Sharma D/o Kamlesh Sharma, Aged About 34 Years, Village Ramgarh Murara, Post Khera, Wad Ramgarh, Gangapur City Sawai Madhopur (Rajasthan).

13. Krishna Awatar Sharma S/o Ram Awatar Sharma, Aged About 32 Years, Pratap Colony, Somnath Nagar, Dausa (Rajasthan).

14. Satish Kumar S/o Harchand Singh, Aged About 40 Years, Near Rana Swami Satsangh Ghar, Lohgarh (273), Sirsa, Haryana-125140

15. Pooja Yadav W/o Rajbir Singh Yadav, Aged About 30 Years, 7/170, R.h.b. Colony, Bhiwadi, District Alwar (Rajasthan)-301019

16. Neeru Vohra D/o Surendra Kumar Vohra, Aged About 43 Years, 1/327, Housing Board, Jawahar, Ganganagar (Rajasthan)

17. Mandeep S/o Bhag Singh, Aged About 28 Years, Dhani Thoba, Fatehabad (Haryana)

18. Ram Nivas S/o Kishana Ram, Aged About 32 Years, Village Udav Nagar Rad Ka Bera, Post Padiyal, Phalodi, District Jodhpur (Raj.) (Dob 15.12.1987)

19. Mahendra Kumar S/o Gopal Ram, Aged About 25 Years, Vpo Bathoth, Via Patoda, District Sikar (Raj.) (Dob 27.06.1994)

20. Narayan Ram Beniwal S/o Har Sukh Ram, Aged About 30 Years, Village Barangaon, Post Barangaon, District Nagaur (Raj.) (Dob 10.02.1989)

21. Bhajan Lal S/o Sona Ram, Aged About 27 Years, Village Badha, Post Gangasara, District Barmer (Raj.) (Dob 02.01.1992)

22. Rajendar Choudhary S/o Goda Ram, Aged About 33 Years, Jato Ka Bass, Village Lunsara, District Nagaur. (Raj.) (Dob 02.07.1986)

23. Ram Kanwari S/o Sharan Ram, Aged About 27 Years, Vpo Khajwana, Tehsil Mundwa, District Nagaur (Raj.) (Dob 10.03.1992)

[2023/RJJD/005438] (18 of 33) [SAW-237/2022]

24. Murari Lal Saini S/o Nand Lal Saini, Aged About 31 Years, Ramgarh Pachwara, Dausa, District Dausa (Raj.) (Dob 05.06.1987)

25. Om Prakash S/o Bhaira Ram, Aged About 28 Years, Sadar Thane Ke Piche Jat Colony, Barmer, District Barmer (Raj.) (Dob 05.03.1992)

26. Sunil Kumar S/o Bhageerath Ram, Aged About 32 Years, Vp Bhanwar, Tehsil Sedwa, District Barmer (Raj.) (Dob 11.02.1987)

27. Mukesh Kumar Mali S/o Ghasi Lal Mali, Aged About 32 Years, Dhodhupura Wali, Ward No.06, Ugharmal Baliji Mirjapur, Gangapur City, Sawai Madhopur, District Sawai Madhopur (Raj.) (Dob 01.07.1987)

28. Hanuman Ram S/o Pema Ram, Aged About 29 Years, Village Khed, Post Tilwara, Tehsil Pachpadra, District Barmer (Raj.) (Dob 12.02.1990)

29. Hanuman Ram S/o Poona Ram, Aged About 29 Years, Lorti Haight, Undkha, Barmer, District Barmer (Raj.) (Dob 19.10.1990)

30. Mool Singh S/o Manohar Singh, Aged About 28 Years, Daulatpura, Nagaur, District Nagaur (Raj.) (Dob 20.08.1991)

31. Pooja Yadav S/o Mani Ram, Aged About 28 Years, Ward No.21, Jogiwala, Hanumangarh, District Hanumangarh (Raj.) (Dob 20.08.1991)

32. Karam Pal S/o Chhoga Ram, Aged About 28 Years, Vpo Bhalani, Tehsil Bagoda, Jalore, District Jalore (Raj.) (Dob 10.10.1990)

33. Birma Ram Jandu S/o Rugha Ram, Aged About 30 Years, Village Beeramsar, Post Rohini, Nagaur, District Nagaur (Raj.) (Dob 11.06.1989)

34. Sunil Kumar S/o Banwari Lal Jyani, Aged About 32 Years, Ward No.11,vpo Phephana, Tehsil Nohar, District Hanumangarh (Raj.) (Dob 11.02.1987)

35. Mahaveer Prasad S/o Ram Kumar, Aged About 28 Years, Chak 2 Kwm, 61 Head, Bikaner, District Bikaner (Raj.) (Dob 02.01.1990)

36. Jitendra Rao S/o Narendra Singh, Aged About 27 Years, Vpo Binchawa, Tehsil Deedwana, Nagaur, District Nagaur

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(Raj.) (Dob 24.04.1992)

37. Shivraj Suwalka S/o Satya Narayan Suwalka, Aged About 32 Years, Village Dabardumaba, Tehsil Thodaraisaing, Tonk, District Tonk (Raj.) (Dob 03.11.1987)

38. Balkar Singh S/o Mangal Singh, Aged About 30 Years, Ward No.5, 6 Lpm, Post Mokamawala, 8 Lpm-A, Raisinghnagar, Sri Ganganagar, District Sri Ganganagar (Raj.) (Dob 05.05.1989)

39. Ratan Lal S/o Chutara Ram, Aged About 29 Years, Kanvo Ki Dhani, Indo Ki Dhani Second, Tehsil Osian, District Jodhpur (Raj.) (Dob 05.08.1990)

40. Parul Choudhary D/o Purana Ram W/o Shiv Ram, Aged About 30 Years, Village Indapura, Post Pawa, Tehsil Didwana, Nagaur, District Nagaur (Raj.) (Dob 05.10.1989)

41. Manphool Swami S/o Madan Lal Swami, Aged About 32 Years, Vpo Seowa, Village Rajgarh, Churu, District Churu (Raj.) (Dob 05.11.1987)

42. Kailash Narayan Saharan S/o Pusa Ram, Aged About 33 Years, Vpo Bapeu, Tehsil Sri Dungargarh, Bikaner District Bikaner (Raj.) (Dob 27.06.1986)

43. Mahadev Ram S/o Ladhu Ram, Aged About 32 Years, Kanvo Ki Beri, Rohila East, Tehsil Dhorimanna, Barmer, District Barmer (Raj.) (Dob 15.07.1987)

44. Ashok Kumar S/o Surta Ram, Aged About 29 Years, Village Post Salaria, Tehsil Sedwa, Barmer, District Barmer (Raj.) (Dob 23.07.1990)

45. Kanwara Ram Choudhary S/o Chutra Ram, Aged About 31 Years, Kadwasara Ki Dhani, Barmer, District Barmer (Raj.) (05.01.1990)

46. Rameshwar Lal Rawat S/o Malla Singh, Aged About 31 Years, Devgarh, Riyan Bari, Thanwala, Nagaur, District Nagaur (Raj.) (Dob 03.12.1988)

47. Mahesh Kumar S/o Chhore Lal, Aged About 38 Years, Village Savita Nagar, Pahari, Dholpur, District Dholpur (Raj.) (Dob 05.10.1981)

48. Naresh Singh S/o Gangadhar Singh, Aged About 31 Years, Dudi Nagar, Bhurki, Jhunjhunu, District Jhunjhunu (Raj.) (Dob 05.10.1989)

[2023/RJJD/005438] (20 of 33) [SAW-237/2022]

49. Bhawani Shankar S/o Har Lal Singh, Aged About 36 Years, Village Kurli, Tehsil And District Sikar (Raj.) (Dob 11.07.1985)

50. Ashok Vishnoi S/o Ghewar Ram, Aged About 31 Years, Village Guda Vishnoiyan, Tehsil Luni, District Jodhpur (Raj.) (Dob 02.03.1991)

51. Ramesh Kumar Saini S/o Ram Lal Saini, Aged About 30 Years, Village Dhani Mohan Wali, Tehsil Sri Madhopur, District Sikar (Raj.) (Dob 05.08.1992)

----Respondents D.B. Spl. Appl. Writ No. 620/2022

1. Jagdish Bhakar S/o Mangla Ram, Aged About 33 Years, R/o Village Pateli, Post Borwa, Tehsil Jayal, District Nagaur.

2. Manish Kumar Saini S/o Sh. Ram Lal Saini, Aged About 26 Years, R/o Vpo Bhasu, Todaraisingh Nagar, District Tonk (Raj.).

3. Kuldeep Kumar S/o Sh. Raji Ram, Aged About 32 Years, R/o Chak 1 Kmw Sansardesar, Tehsil Chhattargarh, District Bikaner.

4. Ratan Lal Saini S/o Sh. Lallu Lal, Aged About 35 Years, R/o Mithi Kothi, V/p Mitrapura, Tehsil Bonli, District Sawaimadhopur.

5. Gopal Ram Nain S/o Sh. Satyanarayn Nain, Aged About 33 Years, R/o Village Khartwas, Post Dhana Bhakaran, Tehsil Taranagar, District Churu.

6. Laddu Ram Meena S/o Sh. Dhanna Meena, Aged About 34 Years, R/o Village Bhagawatpura, Post Shrirampura, Tehsil Newai, District Tonk.

7. Babu Lal Panwar S/o Shri Kishan Ram Panwar, Aged About 37 Years, R/o V/p Khar Ki Beti Rohila, Tehsil Dhorimana, District Barmer.

8. Dharmveer Thori S/o Sh. Shyokaran Thori, Aged About 26 Years, R/o Rajiyasar Station, Suratgarh, District Sriganganagar.

----Appellants Versus

1. State Of Rajasthan, Through Secretary, Department Of

[2023/RJJD/005438] (21 of 33) [SAW-237/2022]

Education, Government Of Rajasthan, Secretariat, Jaipur.

2. State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

3. Director, Elementary Education, Bikaner.

----Respondents D.B. Spl. Appl. Writ No. 627/2022 Bhanwar Lal S/o Shri Kana Ram, Aged About 30 Years, Resident Of - 39, Shree Janray Ji Ka Bass, V/p- Piplad, Tehsil - Sojat, District- Pali (Rajasthan).

----Appellant Versus

1. State Of Rajasthan, Through The Principal Secretary, Education Department (Elementary), Govt Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. Principal Secretary, Rural Development And Panchayati Raj Department, Govt Of Rajasthan, Secretariat, Jaipur, Rajasthan.

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

----Respondents D.B. Spl. Appl. Writ No. 685/2022 Harekrishna Patidar S/o Shri Natwar Lal Patidar, Aged About 26 Years, Byecaste Patidar, R/o V.p.o. Nadiya District Dungarpur (Rajasthan)

----Appellant Versus

1. State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Secretariat, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner (Rajasthan)

----Respondents D.B. Spl. Appl. Writ No. 715/2022 Mukesh Kumar Royal S/o Shri Randhir Singh, Aged About 28 Years, Bye Caste Jat, R/o V.p.o. Khansoli, District Churu (Rajasthan).

[2023/RJJD/005438] (22 of 33) [SAW-237/2022]

----Appellant Versus

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

2. The Secretary, Department Of Education, Govt. Of Rajasthan, Secretariat, Jaipur

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

----Respondents D.B. Spl. Appl. Writ No. 764/2022 Ashok Vishnoi S/o Shri Kishna Ram Vishnoi, Aged About 30 Years, Byecaste Obc, R/o Beniwalon Ki Basti, Nosar, Lohawat, District Jodhpur (Rajasthan).

----Appellant Versus

1. State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Secretariat, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner (Rajasthan).

----Respondents D.B. Spl. Appl. Writ No. 935/2022

1. Ashok Kumar S/o Shri Mahendra Singh, Aged About 30 Years, Byecaste Jat, R/o Hamirwas Bada, District Churu (Rajasthan).

2. Manoj Dukiya S/o Shri Harphool Singh, Aged About 30 Years, Byecaste Jat, R/o Kolinda, District Sikar (Rajasthan).

----Appellants Versus

1. State Of Rajasthan, Through The Secretary, Department Of Panchayati Raj, Secretariat, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner (Rajasthan).

----Respondents

[2023/RJJD/005438] (23 of 33) [SAW-237/2022]

For Appellant(s) : Mr G.R.Punia, Sr. Advocate assisted Mr M.S.Godara, Mr Falgun Buch, Mr Rajendra Prasad For Respondent(s) : Mr M.S.Singhvi, Sr. Advocate-cum-AG assisted by Mr K.S.Lodha Mr Pankaj Sharma, AAG, Mr Dhairayditya Rathore

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment

15/02/2023 [PER HON'BLE VIJAY BISHNOI, J.]

These letter patent appeals are filed by the appellants

being aggrieved with the judgment dated 23.03.2022 passed by

learned Single Judge, whereby writ petitions preferred by the

petitioners have been dismissed.

The facts, not in dispute, are that the respondent -

State issued advertisements/notifications dated 12.04.2018 and

31.07.2018 for recruitment of Teacher Grade-III (Level-I) and

Teacher Grade III (Level-II) under the Rajasthan Panchayati Raj

Act, 1994 (hereinafter to be referred as 'the Act of 1994') and the

Rajasthan Panchayati Raj Rules, 1996 (hereinafter to be referred

as 'the Rules of 1996') for Non-TSP Area. Provisional select lists

were issued and the selected candidates were called for document

verification and appointments were offered to the eligible

candidates. Despite the said exercise, large number of vacancies

remained unfilled even after operating the reserve list. The said

vacancies remained unfilled on account of non-joining of various

selected candidates, candidates who were found ineligible and the

candidates, who did not appear for the document verification.

[2023/RJJD/005438] (24 of 33) [SAW-237/2022]

Though the large number of vacancies remained

unfilled, the State Government took a decision not to fill up those

vacancies. Being aggrieved with the decision of the State

Government of not filling the unfilled vacancies advertised through

advertisements/ notifications dated 12.04.2018 and 31.07.2018, a

batch of writ petitions, led by Kuldeep Kumar vs. State of

Rajasthan and Ors., SBCWP No.2094/2019, was filed in relation to

Teacher Grade-III (Level-II), whereas another batch of writ

petitions, led by Lokendra Singh vs. State of Rajasthan and Ors.,

SBCWP No.1184/2020, was in relation to Teacher Grade-III

(Level-I). Writ petitions of Kuldeep Kumar and others (supra) were

allowed by the learned Single Judge vide order dated 20.07.2020,

whereas the writ petitions filed by Lokendra Singh and others

(supra) were decided on 17.08.2020.

While allowing those writ petitions, the learned Single

Judge directed the respondent - State of Rajasthan to fill

remaining posts of each subject while operating category-wise

reserve list. It has also been directed by the learned Single Judge

that those candidates, who have already joined, pursuant to the

advertisement in question and those who have not turned up

either for document verification or for joining be ignored.

The State Government chose not to challenge the order

dated 20.07.2020 and 17.08.2020 passed in Kuldeep Kumar's and

Lokendra Singh's case (supra) and decided to implement the

directions given by the Court. In relation to that, the State

Government issued select lists on 29.12.2020 for Teacher Grade-

III (Level-I) and on 11.01.2021 for Teacher Grade-III (Level-II).

Being aggrieved with the same, the appellants herein preferred

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writ petitions on the ground that the select lists issued by the

State Government on 29.12.2020 and 11.01.2021 are violative of

provisions of Rule 277 A (vi) of the Rules of 1996.

It was contended that without reshuffling of the

candidates offering appointments category-wise is ex facie

contrary to law. It was also contended that law with regard to

recruitment and operating of the list is well settled and against the

vacancies identified for open category, everyone can compete

irrespective of their category and meritorious candidates are

required to be first selected under the open category, but with the

issuance of select lists by the State Government on 29.12.2020

and 11.01.2021, the persons belonging to the reserved category,

though possessing more or identical marks than the cut-off fixed

for the open category candidates, have been placed in their

category only.

During the course of arguments in the writ petitions

filed by the petitioners, the learned Single Judge, who delivered

the judgment in case of Kuldeep Kumar (supra), concluded that

the order passed in Kuldeep Kumar's case (supra) is required a

review/reconsideration and it suo moto reviewed the order dated

20.07.2020 passed in Kuldeep Kumar's case (supra) vide order

dated 25.02.2021.

In the order dated 25.02.2021, it was clarified that the

operation of the category-wise reserve list would be applicable

only in those posts falling vacant on account of joining of

appointed candidates, however, the remaining posts, which have

been fallen vacant either on account of rejection of candidates or

[2023/RJJD/005438] (26 of 33) [SAW-237/2022]

on account of candidates' not turning up for document verification,

shall be filled in accordance with law.

The order dated 25.02.2021 passed by the learned

Single Judge in Kuldeep Kumar's case (supra) was challenged by

the State Government by way of SAW No.357/2021 and the

Division Bench of this Court vide judgment dated 22.11.2021 has

reversed the order dated 25.02.2021 passed by the learned Single

Judge with the observation that the select list prepared by the

State pursuant to the order dated 20.07.2020 passed in Kuldeep

Kumar's case (supra) would be examined on the basis of material

on record in the pending petitions.

Thereafter, the matter came up for consideration before

the learned Single Judge and the learned Single Judge has

dismissed the writ petitions filed by the petitioners vide impugned

judgment while holding that since the order dated 20.07.2020

passed by the learned Single Judge in Kuldeep Kumar's case has

attained finality and the action of the State Government of

issuance of select lists dated 29.12.2020 and 11.01.2021 is in

conformity with the directions given in the order dated

20.07.2020, no interference is called for.

Learned Single Judge was of the view that if the writ

petitions filed by the petitioners are entertained, this would

amount to sitting in appeal against the judgment passed by the

Co-ordinate Bench and this is impermissible in law.

Assailing the impugned order, Mr. G.R. Poonia, Senior

Advocate assisted by Mr. M.S. Godara has argued that the learned

Single Judge has erred in refusing to interfere in the action of the

State Government of issuing select list category-wise without

[2023/RJJD/005438] (27 of 33) [SAW-237/2022]

examining the fact that the said action of the State Government is

in clear violation of mandate of the provisions of Rule 277 A (vi) of

the Rules of 1996. It is further argued that the Division Bench of

this Court on 22.11.2021 specifically observed the issues raised by

the appellants in connection with select list prepared by the State

Government pursuant to the order dated 20.07.2020 passed in

Kuldeep Kumar's case would be examined on the basis of material

on record in their petitions and as such the learned Single Judge

should have decided the writ petitions on merits judging the

validity of the action of the State Government of issuing select

lists in violation of provisions of law. Learned counsel for the

appellants has also urged that it is well settled that everyone

irrespective of its category is free to compete on the basis of his

merit for the open category vacancy and every candidate having

identical or more marks than the cut-off the open category is

required to be appointed under general category, however, in the

case in hand candidates of the reserved category though

possessing identical or more marks than the cut-off fixed for the

open category have been offered appointments in the reserved

category.

In support of the above contentions, learned counsel

for the appellants has placed reliance on decisions of Hon'ble

Supreme Court rendered in State of Tamil Nadu and Ors. vs. K

Shobana & Ors., (2021) 4 SCC, Pramod Kumar Singh & Ors.

vs. State of Uttar Pradesh & Ors., (2021) 4 SCC 680 and

Saurav Yadav & Ors. vs. State of Uttar Pradesh & ors.

(2021) 4 SCC 542.

[2023/RJJD/005438] (28 of 33) [SAW-237/2022]

Alternatively, learned counsel Mr Punia has submitted

that large number of posts are still lying vacant and the

respondents may be directed to fill those posts in accordance with

law ignoring the appointments given to the several candidates,

pursuant to the select lists dated 29.12.2020 and 11.01.2021.

Per contra, learned Advocate General appearing for the

State has argued that there is no illegality in the action of the

State Government in issuing select lists dated 29.11.2020 and

11.02.2021 category-wise. It is further submitted that the State

Government has simply implemented the directions given by this

Court in Kuldeep Kumar's and Lokendra Singh's case (supra) and

therefore, no fault can be found in the action of the State

Government. It is further submitted that the learned Single Judge

has rightly refused to interfere because any such interference

would amount to sitting in appeal against the judgment passed by

another Single Judge.

Learned Advocate General has further submitted that

after reversal of the order dated 25.02.2021 passed by the

learned Single Judge in Kuldeep Kumar's case (supra), the same

has attained finality in absence of any challenge to the order

passed in Kuldeep Kumar' case (supra), either by way of leave to

appeal or review, the view taken by the learned Single Judge

cannot be said to be illegal in any manner.

It is also argued that recruitment in question is of the

year 2018 and several selected candidates have been provided

appointments in the year 2019 and thereafter in December, 2020

and January, 2021, pursuant to the lists prepared as per the

directions given by the learned Single Judge in Kuldeep Kumar's

[2023/RJJD/005438] (29 of 33) [SAW-237/2022]

and Lokendra Singh's case and if at this stage, the plea of the

appellants is accepted to prepare fresh select list after reshuffling

of the candidates, it may result in unsettling appointments of

many selected candidates. It is argued that the appellants have

not impleaded those selected candidates as party respondents in

the writ petitions despite objections raised by the State and in the

absence of those selected candidates, no effective order can be

passed and therefore, the learned Single Judge has rightly refused

to grant any relief to the appellants.

Learned Advocate General has placed reliance on

judgments of Hon'ble Surpeme Court in Shridhar Mirajkar vs.

State of Maharashtra, AIR 1967 SC 1, and Kumari Rashmi

Mishra vs. M.P. Public Service Commission and ors., (2006)

12 SCC 724 as well as of this Court in Kanta Parihar vs. State

of Rajasthan, 1999 (3) RLW 1467.

Heard learned counsel for the parties.

The writ petitions of Kuldeep Kumar, Lokendra Singh

and other identical writ petitions were filed by the candidates

raising grievance that the State Government illegally took a

decision not to fill the unfilled vacancies advertised vide

advertisements/notifications dated 12.04.2018 and 31.07.2018 for

recruitment of Teacher Gr.III (Level-I) and Teacher Gr.III (Level-

II) under the Act of 1994 and the Rules of 1996 for Non-TSP

Areas.

Learned Single Judge after taking into consideration the

contentions raised on behalf of those candidates and the State has

allowed Kuldeep Kumar's case (supra) and other identical writ

[2023/RJJD/005438] (30 of 33) [SAW-237/2022]

petitions vide order dated 29.07.2020. The operative portion of

the order dated 20.07.2020 reads as under:

"As an upshot of discussions aforesaid, these writ petitions are allowed. The respondents are directed to fill the remaining post of each subject, while operating categorywise reserve list. It will be required of the respondents to ignore those candidates, who have already joined, pursuant to the advertisement in question and those who have not turned up either for documents verification or for joining."

Kuldeep Kumar (supra) and identical writ petitions were

in respect of Teacher Gr.III (Level-II) category, thereafter

Lokendra Singh (supra) and other connected writ petitions

pertaining to the recruitment Teacher Gr.III (Level-I) category

have been decided by order dated 17.08.2020 following the

judgment passed in Kuldeep Kumar's case (supra) and other

connected writ petitions.

The State Government has not challenged the orders

passed in Kuldeep Kumar's and Lokendra Singh's cases (supra)

and implemented the same by issuing select lists dated

29.12.2020 and 11.01.2021 for Teacher Gr.III (Level-I) and

Teacher Gr.III (Level-II) respectively.

Being aggrieved with the above referred select lists, the

appellants filed a batch of writ petitions and in the writ petition

filed by appellant Rakesh Godara, the learned Single Judge has

suo moto reviewed the order dated 20.07.2020 passed in Kuldeep

Kumar's case (supra) and modified/clarified the same vide another

order dated 25.02.2021 and made the following order:

[2023/RJJD/005438] (31 of 33) [SAW-237/2022]

"The order dated 20.07.2020 rendered in the present writ petition is hereby clarified in the manner that the stipulation "while operating category-wise reserve list" would be applicable only to the posts falling vacant on account of non-joining of the appointed candidates. Remaining posts, which have fallen vacant either on account of rejection of candidates or on account of the candidates not turning up for document verification shall be filled in accordance with law."

The said modification/clarification order dated

25.02.2021 was challenged by the State Government by way of

SAW No.357/2021, which came to be allowed by the Division

Bench of this Court vide order dated 22.11.2021 and the

modification/clarification order dated 25.02.2021 has been

reversed. The Division Bench has reversed the order dated

25.02.2021 on the grounds that the learned Single Judge should

not have exercised extraordinary power of suo moto review of

its order without there being any substantive proceedings

instituted by any of the persons, who claimed to be aggrieved

by the action of the State, whereby it has implemented the

order dated 20.07.2020 passed in Kuldeep Kumar's case

(supra). The Division Bench was also of the view that the

persons, who have already been appointed in accordance with

the select list issued by the State Government in compliance of

Kuldeep Kumar's case (supra), have not been made party

respondents despite specific objections raised by the State.

Though the Division Bench has also observed that whatever the

[2023/RJJD/005438] (32 of 33) [SAW-237/2022]

issues the appellants have raised in their writ petitions in

connection with the select lists prepared by the State

Government in furtherance of the order dated 20.07.2020

passed in Kuldeep Kumar's case (supra) would be examined on

the basis of the material on record in their pending petitions but

the fact remains that the order dated 20.07.2020 passed in

Kuldeep Kumar's case attained finality.

Learned Single Judge has rightly observed that when

the directions given by the learned Single Judge in Kuldeep

Kumar's case (supra) have attained finality, the same cannot be

interfered by another Single Judge as it would amount to sitting

in appeal.

The view taken by the learned Single Judge is

perfectly in consonance with the law laid down by Hon'ble

Supreme Court in Shridhar Mirajkar vs. State of

Maharashtra (supra) and by a Single Judge of this Court in

Kanta Parihar vs. State of Rajasthan (supra).

It is also to be noticed that the order dated

22.11.2021 passed in SAW No.357/2021 has also not been

challenged by the appellants and the same has also attained

finality. Though the Division Bench in its order dated 22.11.2021

has also observed that the learned Single Judge should not have

modified/clarified the order dated 20.07.2020 passed in Kuldeep

Kumar's case without impleading the affected persons as party

but the appellants herein have not made any attempt to implead

those affected candidates, who have already joined, pursuant to

[2023/RJJD/005438] (33 of 33) [SAW-237/2022]

the select list issued by the State Government, as party in their

writ petitions.

Alternate argument raised on behalf of the appellants

of issuing direction to the State Government to fill the remaining

posts, which are still lying vacant, in accordance with law,

cannot be accepted in the facts and circumstances of the case.

In such circumstances, we are of the view that the

appellants have failed to persuade this Court to take a different

view as has been taken by the learned Single Judge in the

impugned order.

Resultantly, all these appeals fail and are hereby

dismissed. There shall be no order as to costs.

(PRAVEER BHATNAGAR),J (VIJAY BISHNOI),J

77-/-masif/PS

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