Rajasthan High Court - Jodhpur

Kanchan Kumari vs State Of Rajasthan on 9 January, 2023

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19570/2022

1. Kanchan Kumari W/o Anil Kumar Saini, Aged About 42 Years, R/o Adarsh Nagar, Jhunjhunun, Dist. Jhunjhunun Raj. At Present Posting Sethhind Kajria Gsss Kajara Block Surajgarh, District Jhunjhunun.

2. Svarnjeet Singh S/o Surjeet Singh, Aged About 35 Years, R/o Village 20 Rb, Post 19 Rb, Tehsil Raisinghnagar, District Ganganagar, Raj. At Present Posting Gsss Lohara, Block Rai Singh Nagar, District Ganganagar.

3. Yogesh Sharma S/o Vimal Kumar Sharma, Aged About 32 Years, R/o Bohra Patrol Pump Ke Samne, Gangapur Road, Lalsot, District Dausa, Raj. At Present Posting Seth Hajari Lal Bilala Jain Gsss Daulatpura, Block Dolatpura Lalsot, District Dausa.

4. Tinu Shri Saini W/o Sunil Kumar Saini, Aged About 33 Years, R/o Ward No. 01 Shyam Mandir Ke Pass Chirawa, District Jhunjhunun, Raj. At Present Posting Gsss Chirasan Chirawa, Block Chirawa, District Jhunjhunun.

5. Pramod Kumar S/o Ram Klayan Khitik, Aged About 34 Years, R/o Plot No. 495, Hammir Nagar Kacchi Basti, Bajaria, District Sawai Madhopur, Raj. At Present Posting Gsss Khandar, Block Khandar, District Sawai Madhopur.

6. Sangeeta Kumari Kharbas W/o Mahender Singh, Aged About 32 Years, R/o Behind Railway Public Thana Kailash Nagar, Choudhary Colony, Sikar, District Sikar, Raj. At Present Posting Gsss Nangal, Block Udaipurwati, District Jhunjhunun.

7. Shikha Devi W/o Sorabh Kumar Gupta, Aged About 33 Years, R/o Agrasen Colony, Railway Mandavara Fatak Ke Pass Hindon, Karuli, District Karuli, Raj. At Present Posting Gsss Nawali Bayana, Block Bayana, District Bharatpur.

8. Naresh Kumar S/o Ram Singh, Aged About 35 Years, R/o House/bldg/apt. C-4 Raj Nagar Choudhary Dharm Kante Ke Pass, Street/ Road/ Lane Sagar Road, Landmark, District Bikaner, Raj. At Present Posting Gsss Surat Singhpura, Block Bikaner, District Bikaner.

9. Surendra Kumar Sharma S/o Madan Lal Sharma, Aged

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About 32 Years, R/o Basant Colony, Near Baradari, Chhawani Road District Dausa, Raj. At Present Posting Mggs Paparda, Block Nangal Rajawatan, District Dausa.

10. Seema Verma D/o Heera Lal, Aged About 33 Years, R/o Khatauli, District Kota, Raj. At Present Posting Gsss Deoli Kalan, Block Khairabad, District Kota.

11. Banwari Lal Yadav S/o Ram Sawrup Yadav, Aged About 46 Years, R/o Amlawada Kharan, Tehsil Bilendi, District Baran, Raj. At Present Posting Gups Bhalta, Block Aklera, District Jhalawar.

12. Rinku Kumari Nirwan W/o Krishan Tanwar, Aged About 32 Years, R/o 433, Vivek Vihar, New Sanganer Road Sodala, District Jaipur, Raj. At Present Posting Gsss Toonga, Block Bassi, District Jaipur.

13. Sandeep Kumar Yadav S/o Sube Singh Yadav, Aged About 36 Years, R/o Jatgaonwara Jakhrana Khurd, District Alwar, Raj. At Present Posting Gsss Ballbh Gram, Block Kishangarh Bas, District Alwar.

14. Vinod Kumar Bairwa S/o Ramesh Chandra, Aged About 33 Years, R/o Bishanpura, District Kota, Raj. At Present Posting Gsss Pali, Block Chhabra, District Baran.

15. Sunil Gameti S/o Heera Lal Gameti, Aged About 37 Years, R/o Talaiya Modar, District Dungarpur, Raj. At Present Posting Gsss Malmatha, Block Bicchiwara, District Dungarpur.

16. Puran Mal S/o Phool Singh Yadav, Aged About 37 Years, R/o Amoth District Alwar, Raj. At Present Posting Gsss Jindoli, Block Mundawar, District Alwar.

17. Sunita Kumari W/o Praveen Bhuria, Aged About 32 Years, R/o H.no. 29, Bhuria, Tehsil Bhuriwas, District Jhunjhunun, Raj. At Present Posting Gsss Idali, District Jhunjhunun.

18. Monu W/o Pankaj Rao, Aged About 36 Years, R/o Ward No. 19 Near Water Works Near Loharu Road, Pilani, Jhunjhunu, Raj. At Present Posting Gsss Mahapalwas, Block Surajgarh, District Jhunjhunun.

19. Vijendra Kumar Meena S/o Brij Lal Meena, Aged About 38 Years, R/o Bus Stand Ke Pass Bijaspur, District Karauli, Raj. At Present Posting Gsss Bhankari, Block Madrail, District Karauli.

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20. Rajpal Singh Panwar S/o Veerbhandra Singh, Aged About 37 Years, R/o Ward No. 25, New Bus Stand Vaibhav Hostel Bhuvneshwari Coloni, District Dungarpur, Raj. At Present Posting Gsss Vageri Ka Vela, Block Jhonthari, District Dungarpur.

21. Renuka Kharadi D/o Kanti Lal Kharadi, Aged About 33 Years, R/o Peethapur, Bichhiwara, District Dungarpur, Raj. At Present Posting Gsss Sanchiva, Block Bicchiwara, District Dungarpur.

22. Rajendra Kumar Salvi S/o Nathu Lal Salvi, Aged About 35 Years, R/o Balabari, Village Bhanda, Post Bhanda, District Udaipur, Raj. At Present Posting Gsss Kanpur Katarwas, Block Kherwara, District Udaipur.

23. Naresh Kumar S/o Shankar Lal, Aged About 32 Years, R/o Ward No. 02, Village 27F Vpo Kaminpura, District Ganganagar, Raj. At Present Posting Gsss Village 25H Dalpatsinghpur, Block Karanpur, District Ganganagar.

24. Anjana Gupta W/o Santosh Bansal, Aged About 42 Years, R/o Ghandhi Chowk, Mandawar, Mahwa, District Dausa, Raj. At Present Posting Gsss Bhanokhar, Block Kathumar, District Alwar.

25. Suneel Kumar S/o Narayan Singh, Aged About 35 Years, R/o Tamrer, District Bharatpur, Raj. At Present Posting Gsss Peepalkhera, Block Pahadi, District Bharatpur.

26. Kartar Singh S/o Harji Ram Jat, Aged About 43 Years, R/o Brahamano Ka Mohalla, Gagoonda, District Ajmer, Raj. At Present Posting Gsss Bawadi, Block Mandal, District Bhilwara.

27. Hari Lal Bairwa S/o Laxminarayan Bairwa, Aged About 36 Years, R/o Village Khatipura, Wazeerpur, District Sawai Madhopur, Raj. At Present Posting Gsss Ajadpura, Chak Dharsoni, Block, Weir, District Bharatpur.

28. Sadiq Khan S/o Laeeq Ahamed, Aged About 36 Years, R/o Panchayat Area, Bather, District Sawai Madhopur, Raj. At Present Posting Gsss Shiwar, Block Chauthi Ka Barwara, District Sawai Madhopur.

29. Sharif Khan S/o Alihusain, Aged About 34 Years, R/o 292, Azeezpura Gumat Bari District Dholpur, Raj. At Present Posting Shaheed Amit Bhardwaj Gsss Manak Chowk Ward No. 73 Jaipurcity, Block Jaipur East, District Jaipur.

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30. Nishat Anjum Daudi D/o Abdul Shamim Daudi, Aged About 32 Years, R/o 126, Purani Saray Purana Shahar, Dholpur, District Dholpur, Raj. At Present Posting Gsss Musaipur, Block Kaman, District Bharatpur.

31. Saiyad Ali S/o Abdul Vaheed, Aged About 35 Years, R/o Ward No. 12, District Bundi, Raj. At Present Posting Bitthal Das Bagala Ggsss Manoharthana, Block Manoharthana, District Jhalawar.

32. Suresh Kumar S/o Birbal Chirania, Aged About 43 Years, R/o Ward No. 23 Near Lachhi Ram Kuwa, Fatehpur, Shekhawati, District Sikar, Raj. At Present Posting Gsss Govindpura, Block Neem Ka Thana, District Sikar.

33. Mohamed Aslam S/o Mustafa Khan, Aged About 43 Years, R/o 6-A-13, Vigyan Nagar Ext. District Kota, Raj. At Present Posting Gsss Nipaniya, Block Chhabra, District Baran.

34. Manju Balai W/o Shivpal, Aged About 37 Years, R/o Dookiya District Sikar, Raj. At Present Posting Gsss Reta, Block Dantaramgarh, District Sikar.

35. Rakesh Kumar S/o Surender Kumar, Aged About 30 Years, R/o Ward No. 1 Likhmisar, 15 Lgw-A District Hanumangarh, Raj. At Present Posting Saheed Chamkaur Singh Gsss 1 Dabli Rathan, Block Pilibangan, District Hanumangarh.

36. Lokesh Malav S/o Ratan Lal, Aged About 35 Years, R/o Antah Shivaji Chowk, Antah, District Baran, Raj. At Present Posting Gsss Hindoli, Block Hindoli, District Bundi.

37. Udai Bhan Singh Yadav S/o Manna Lal Yadav, Aged About 30 Years, R/o Gujarwali Dhani, Post Hajipur, Tehsil Bansur, District Alwar, Raj. At Present Posting Ggsss Bansur, Block Bansur, District Alwar.

38. Ramswaroop Regar S/o Kishan Lal Reger, Aged About 34 Years, R/o Reger Mohalla Antarda, Tehsil Nainwa District Bundi, Raj. At Present Posting Babai Bawadi, Block K.patan, District Bundi.

39. Mahendra Kumar Jatav S/o Sohan Lal Jatav, Aged About 36 Years, R/o Gahalawata, District Alwar, Raj. At Present Posting Gsss Farso Bayana, Block Bayana, District Bharatpur.

40. Mamta Saraswat W/o Praveen Sharma, Aged About 39

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Years, R/o Phed Store Ke Pass Lohakhan, District Ajmer, Raj. At Present Posting Mggs Bawadi Badlya, Block Ajmer Rural, District Ajmer.

41. Charan Singh S/o Raghuveer Singh, Aged About 40 Years, R/o Jat Mohalla Gadoora, District Alwar, Raj. At Present Posting Gsss Govindgarh, Lakshmangarh, District Alwar.

42. Ashok Kumar Saini S/o Ramgopal Saini, Aged About 34 Years, R/o Pakori Dhani, District Jhunjhunun, Raj. At Present Posting Gsss Jherali, Block Surajgarh, District Jhunjhunun.

43. Narendra Kumar Malav S/o Ratan Lal Malav, Aged About 36 Years, R/o Badganv, Tehsil Anta, District Baran, Raj. At Present Posting Mggs Bamorikalan, Block Mangrol, District Baran.

44. Tasawoor Banu S/o Mohammed Hanif, Aged About 43 Years, R/o Aashiyana 42, A Gali No. 5 Saraswati Colony Police Line Kota, District Kota, Raj. At Present Posting Gsss Morpa, Block Sultanpur, District Kota.

45. Rajesh Kumar S/o Bajarang Lal, Aged About 30 Years, R/ o Ward No. 13, Bharu Colony, Todi, District Jhunjhunun, Raj. At Present Posting Gsss Jugalpura (San. Tawran), Block Neem Ka Thana, District Sikar.

46. Dinesh Kumar S/o Charan Singh, Aged About 36 Years, R/o Village Basokar, Tehsil Panrera, District Bharatpur, Raj. At Present Posting Gsss Baresh Mori, Block Dholpur, District Dhaulpur.

47. Rakesh Choudhary S/o Poona Ram, Aged About 30 Years, R/o Jaleli Nayala, Jaleli Daikara, District Jodhpur, Raj. At Present Posting Gsss Kalru, Block Jodhpur, District Jodhpur.

48. Raj Kumar S/o Suresh Chand, Aged About 42 Years, R/o Plot No. 332, Surya City, Agra Road, Jamdoli, Jaipur, District Jaipur, Raj. At Present Posting Gsss Badi Jodi, Block Shahpura, District Jaipur.

49. Dharm Singh Gurjar S/o Gokal Ram Gurjar, Aged About 35 Years, R/o Bhairu Sagar Balloopura, Tehsil Rajgarh, District Alwar, Raj. At Present Posting Gsss Sakat Rajgarh, Block Rajgarh, District Alwar.

50. Rekha Rani Gehlot W/o Kalicharan, Aged About 42 Years,

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R/o Jodhpur Road, Raika Basti, Jaitaran, District Pali, Raj. At Present Posting Gsss Banjakuri (Baaza Kudi), Block Jaitaran, District Pali.

51. Pradeep Kumar S/o Rajveer Singh, Aged About 35 Years, R/o Hameerwas Bara, District Churu, Raj. At Present Posting Shri Tulsiram Ramnaryan Gsss Shobhasar, Block Sujangarh, District Churu.

52. Ajay Singh S/o Ranjeet Singh, Aged About 41 Years, R/o Ward No. 4, Bhanipura Mohalla Dharmshala Ke Samne Nohar, District Hanumangarh, Raj. At Present Posting Gsss Khuiyan, Block Nohar, District Hanumangarh.

53. Ramniwas S/o Mahender Singh, Aged About 36 Years, R/ o Ward No. 1 Padam Pura Nohar, District Hanumangarh, Raj. At Present Posting Gsss Daniyasar, Block Rawatsar, District Hanumangarh.

54. Anil Kumar S/o Amer Singh, Aged About 39 Years, R/o Ward No. 1, Talwara Jheel 5 Arw A Hanumangarh, District Hanumangarh, Raj. At Present Posting Gsss 7 Mjd (Morjand Sikhan), Block Sangaria, District Hanumangarh.

55. Kapil Dev Bairwa S/o Laxman Prasad Bairwa, Aged About 33 Years, R/o Dhani Madanpura Pali, Daulatpura District Sawai Madhopur, Raj. At Present Posting Shaheed Satpal Singh Gsss Ikran, Block Sewar, District Bharatpur.

56. Ramesh Kumar S/o Lal Chand, Aged About 33 Years, R/o Ward No. 1 Sbn, Sabuana, District Hanumangarh, Raj. At Present Posting Mggs 17Ksp Kishanpura Dikhnada, Block Hanumangarh, District Hanumangarh.

57. Javitri Meena W/o Dinesh Kumar, Aged About 36 Years, R/o 277 Mali Ki Kothi, Agra Road, Bagrana, Kanota, District Jaipur, Raj. At Present Posting Gsss Bhawani, Block Ramgarh, District Jaipur.

58. Dinesh Singh S/o Mahesh Chand, Aged About 31 Years, R/o Sahnawali, District Bharatpur, Raj. At Present Posting Gurudayal Prasad Ggsss Jurehra, Block Kaman, District Bharatpur.

59. Bharat S/o Ramchandra, Aged About 33 Years, R/o Khudanpuri, District Alwar, Raj. At Present Posting Ggsss Tehla, Block Rajgarh, District Alwar.

60. Chanda W/o Rajesh Kumar Jangid, Aged About 30 Years, R/o Ward No. 05 Jangid Mohalla Bhagera, District

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Jhunjhunun, Raj. At Present Posting Gsss Mohanwari, Block Nawalgarh, District Jhunjhunun.

61. Fakaru Deen Khan S/o Kamaru Deen Khan, Aged About 41 Years, R/o Bardod Peeproli, District Alwar, Raj. At Present Posting Gsss Naganwa, Block Ramgarh, District Alwar.

62. Mahesh Chand Gurjar S/o Rameshver Prasad Gurjar, Aged About 42 Years, R/o 145, Shiv Mandir Ke Pass, Kalyanpura Khurd, District Jaipur, Raj. At Present Posting Gsss 10 Kali Pahari, Block Umrain, District Alwar.

63. Gulam Mainudin S/o Maulana Sakhawat Ali, Aged About 39 Years, R/o Near Kymakhani Mohalla, Ward No. 23, Sardarshahar, District Churu, Raj. At Present Posting Gsss Barjangsar, Block Sardarshahar, District Churu.

64. Matadeen S/o Nekram Gurjar, Aged About 40 Years, R/o Sonha, District Dholpur, Raj. At Present Posting Seth Ramjilal Gsss Maloni Panwar, Block Saipau, District Dhaulpur.

65. Bajrang Lal S/o Narsi Ram, Aged About 38 Years, R/o Bichala Bas Sinod, District Nagaur, Raj. At Present Posting Mggs Tarnau, Block Jayal, District Nagaur.

66. Virendar Singh S/o Gowardhan Singh, Aged About 40 Years, R/o Dinarpura, District Sikar, Raj. At Present Posting Gsss Arniya Road Maharoli, Block Shri Madhopur, District Sikar.

67. Ram Kishore Prajapat S/o Manak Ram, Aged About 35 Years, R/o Phalki Mugadara, Tehsil Merta City, District Nagaur, Raj. At Present Posting Mggs Padu Kallan (219480), Block Riyan Badi, District Nagaur.

68. Mukesh Kumari W/o Madan Lal, Aged About 40 Years, R/o Rashiya Ki Dhani, Gudha Gorji, District Jhunjhunun, Raj. At Present Posting Gsss Luna, Block Alsisar, District Jhunjhunun.

69. Yudhistir Charan S/o Shreni Dan, Aged About 36 Years, R/o Charano Ka Vas, Rajapura, District Nagaur, Raj. At Present Posting Mggs Phogan Asalwas, Block Sadarshahr, District Churu.

70. Jagdish Prasad S/o Deokaran Saharan, Aged About 46 Years, R/o Pl No. 42 Sec. 05, Sainik Basti Ward No. 02 Churu, District Churu, Raj. At Present Posting Gsss

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Derajsar, Block Sardarshahar, District Churu.

71. Pinki D/o Gopal Singh Poonia, Aged About 32 Years, R/o Binjusar, District Jhunjhunun, Raj. At Present Posting Seth Ganeshnaryan Shivbuxray Sonthalia Gsss Jakhal, Block Nawalgarh, District Jhunjhunun.

72. Arvind Kumar S/o Kalu Ram, Aged About 34 Years, R/o Ward No. 13 Near Shiv Temple, Sardargarh District Ganganagar, Raj. At Present Posting Gsss Shyopura Bass 4 Ksr, Block Suratgarh, District Ganganagar.

73. Ram Lal S/o Jagmal Ram, Aged About 39 Years, R/o Dharasar, Baytu, Bhimji Baitu, District Barmer, Raj. At Present Posting Gsss Leelala, Block Baytu, District Barmer.

74. Alka Kuhari D/o Hari Singh Kulhari, Aged About 37 Years, R/o Kulhariyo Ka Bass Beebasar Bibasar, District Jhunjhunun, Raj. At Present Posting Gsss Vimalpura, Block Govindgarh, District Jaipur.

75. Nabila Kosar Sheikh W/o Tabrez Ahmed Pathan, Aged About 35 Years, R/o Ward No. 38, Kandharwari, District Banswara, Raj. At Present Posting Ggsss Chanrapolgate, Block Banswara, District Banswara.

76. Madan Lal Meghwal S/o Hadmana Ram Meghwal, Aged About 35 Years, R/o Ward No. 10, Tant, District Bikaner, Raj. At Present Posting Gsss Chhatargarh, District Bikaner.

77. Madan Lal Sahu S/o Rameshwar Lal, Aged About 34 Years, R/o Opposite New Sabji Mandi, Pugal Road, Near Hanuman Mandir, Bangalanagar, District Bikaner, Raj. At Present Posting Gsss Sotwara, District Jhunjhunun.

78. Manish Kumar Sain S/o Kajod Mal Sain, Aged About 34 Years, R/o Gayatri Nagar Agra Road Dausa, District Dausa, Raj. At Present Posting Gsss Baniyana, Block Lawan, District Dausa.

79. Mukesh Pareek S/o Dwarka Prasad, Aged About 32 Years, R/o Lakshmi Nath Ji Ka Mandir Ward No. 9, Sheeshyoo Shishu, District Sikar, Raj. At Present Posting Gsss Nangal Nathusar, Block Shri Madhopur, District Sikar.

80. Sevak Ram Sindhi S/o Tharumal Sindhi, Aged About 43 Years, R/o 08 Saraswati Colony, Ward No. 30 Sanganer Bazar, District Jaipur, Raj. At Present Posting Gsss Patan,

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Block Aasind, District Bhilwara.

81. Harilakhan Meena S/o Leshvarlal Meena, Aged About 34 Years, R/o 01, Meena Basti, Rundhpura, Masalpur, District Karauli, Raj. At Present Posting Gsss Raharai, Block Baseri, District Dhaulpur.

82. Kasam Deen S/o Nasiba, Aged About 39 Years, R/o Kaithwara, Pahari, District Bharatpur, Raj. At Present Posting Gsss Suhari, Block Weir, District Bharatpur.

83. Bajrang Lal Dhobi S/o Madan Lal, Aged About 35 Years, R/o 634, Bas Berisal Narayanpur, Tehsil Thanagazi, District Alwar, Raj. At Present Posting Gsss Gadhi (Thanagazi), Block Thanagazi, District Alwar.

84. Rinki Purava D/o Jagdish Prasad Purava, Aged About 29 Years, R/o Near Meena Wali, Ward No. 13, Sardarshahar, District Churu, Raj. At Present Posting Gsss Sangliya, Block Dantaramgarh, District Sikar.

85. Naresh Singh Beniwal S/o Bhani Ram Beniwal, Aged About 29 Years, R/o Ward No. 5, Nanau, District Hanumangarh, Raj. At Present Posting Gsss Nirwal, Block Rawatsar, District Hanumangarh.

----Petitioners Versus

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

2. The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

3. The Joint Director, Secondary Education, Jodhpur, District Jodhpur, Rajasthan.

4. The Joint Director, Secondary Education, Pali, District Pali, Rajasthan.

5. The Joint Director, Secondary Education, Ajmer, District Ajmer, Rajasthan.

6. The Joint Director, Secondary Education, Kota, District Kota, Rajasthan.

7. The Joint Director, Secondary Education, Churu, District Churu, Rajasthan.

8. The Joint Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

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9. The Joint Director, Secondary Education, Bharatpur, District Bharatpur, Rajasthan.

10. The Joint Director, Secondary Education, Jaipur, District Jaipur, Rajasthan.

11. The Joint Director, Secondary Education, Udaipur, District Udaipur, Rajasthan.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Tanwar Singh Rathore
For Respondent(s)        :     -



                    JUSTICE DINESH MEHTA

                                    Order

09/01/2023

1. Learned counsel for the petitioners submits that the issue

raised in the present writ petition is squarely covered by judgment

of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan &

Ors. : S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur

Bench and the said judgment has been followed in Krishan Lal &

Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No.

19179/2017, decided on 30.10.2017 at Jaipur Bench. The

petitioners are also entitled to the same relief as granted in the

case of Manoj Khandelwal (supra) and Krishan Lal (supra) claims

learned counsel.

2. In view of the submissions made, the writ petition filed by

the petitioner is disposed of with the similar directions as given in

the case of Manoj Khandelwal (supra), which read as under:-

"This Court in Suman Bai and Another Vs. State and Others - 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly

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constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.

It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.

The petitioners approached the respondents by way of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.

Having regard to the facts of the case, writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 - Director, Secondary Education, Bikaner, alongwith a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making, addressing the grievance of the petitioners for extending them the relief as prayed for, as the candidates, who stood lower in merit, are getting benefit of higher pay, seniority, annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would be entitled only to notional benefits."

3. 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,

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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.

4. Upon consideration of the representation so filed, if

respondents find the case of the petitioners to be covered by the