Sachin Maiya vs State Of Rajasthan
2023 Latest Caselaw 5 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19658/2022

1. Sachin Maiya S/o Birdi Chand, Aged About 27 Years, Ward No. 7, Village Charanwasi, Tehsil Ratangarh, Dist. Churu (Raj.)

2. Rajesh Kumawat S/o Panna Lal Kumawat, Aged About 42 Years, R/027/320, Paneriyon Ki Madri, Near Sen. Sec. School,tehsil-Girwa, Dist. Udaipur (Raj.)

3. Gorishankar Baranda S/o Thaneshwar, Aged About 33 Years, R/o Ward No. 09 Village Bor Talab, Galandar, Teh. Bicchiwara Dist. Dungarhpur (Raj.)

4. Pratap Singh S/o Keshar Singh, Aged About 32 Years, R/o Rani Gaon, Teh. Makrana, Distt Nagaur (Raj.)

5. Ashok Kumar S/o Kamal Kishore, Aged About 33 Years, R/o Main Bazar, Deolikallan, Teh. Raipur, Distpali (Raj.)

6. Dinesh Bhakar S/o Ram Dev, Aged About 26 Years, R/o Pateli, Tehsil Jayal, District Nagaur (Raj)

7. Pinal Ahari D/o Shanti Lalahari W/o Hariram Manat, Aged About 36 Years, R/o Mukam Baladit, Post Thana, Tehsil And District Dungarpur (Raj.)

8. Rakesh Kumar Kharadi S/o Laxman Lal Kharadi, Aged About 37 Years, R/o Jheejwa With Chak, Tehsil Bicchiwara District Dungarpur (Raj)

9. Rakesh Kumar Moulat S/o Hurama Moulat, Aged About 36 Years, R/o Mukam Devpura, Post Bichhiwara, District Dungarpur (Raj)

10. Ranjeet Meena S/o Ram Lal Meena, Aged About 43 Years, R/o Ward No 04, Sherpura, Post Bakhera,teh. Jahajpur, Distt. Bhilwara (Raj.)

11. Rup Lal Bamaniya S/o Udaji Bhil, Aged About 44 Years, R/o Ward No. 05, Mukam, Post Obri, Jabunal Fala, Tehsil Sagwara, Distt. Dungarpur (Raj)

12. Ram Krishana Faleja S/o Prabhu Lal Faleja, Aged About 31 Years, R/o Ward No.11 Lehana Post, Khajuri,teh. Bicchiwara, Dungarpur (Raj)

13. Rajvant Kour Sachdeva W/o Rakesh Kumar, Aged About 37 Years, R/o Ward No. 8 Teh. Vijaiynagar, Dist. Ganganagar (Raj)

14. Mushtaq Ahmad Gauri S/o Farooq Husain Gauri, Aged About 29 Years, R/o Patoliya Teh. Kushalgarh, Dist. Banswara (Raj)

15. Gajendra Kumar S/o Hurma Dendor, Aged About 28 Years, R/o Village Post- Khadlai Tehsil- Sagwara, Dist-

       Dungarpur (Raj)


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16. Sampat Lal Suthar S/o Mahaveer Suthar, Aged About 33 Years, R/o 500 Sadar Bazar Kanwaliyas, Rupaheli, Teh.hurda, Bhilwara (Raj)

17. Shanti Lal Parmar S/o Dhuleshwar Parmar, Aged About 37 Years, R/o Mukam, Post Dara, Damri, Teh. And Amp Dist. Dungarpur (Raj)

18. Rakesh Manat S/o Lt. Manohar Lal Manat, Aged About 30 Years, R/o Ward No. 11, Mukam-Baladit, Tehsil Dungarpur District Dungarpur (Raj) .

19. Bhimraj Manat S/o Dhula Manat, Aged About 30 Years, R/o Fala Baladit, Tehsil Dist. Dungarpur (Raj).

20. Ishwar Lal Roat S/o Kauva Roat, Aged About 30 Years, R/o Dolvar Upli, Kanhari, Teh. Dungarpur, Dist. Dungarpur (Raj)

21. Naresh Kumar S/o Devi Lal, Aged About 24 Years, R/o Village Sonari, Tehsil Nohar, District Hanumangarh (Raj)

22. Devendra Kumar S/o Bajrang Lal Dhaker, Aged About 31 Years, R/o H.no. 454, Nai Basti, Village Undwa, Tehsil Ramganj Mandi, Distt. Kota (Raj.)

23. Chanda D/o Tansukh Lal Bagra W/o Triweni Prasad Pradhan, Aged About 36 Years, R/o Ward No. 08, Near Shiv Shankar Dharmkanta, Teh. Chomu Distt. Jaipur (Raj.)

24. Babu Lal Meena S/o Badri Naryan Meena, Aged About 27 Years, R/o Vpo Vishan Singh Pura, Tehsil And District Jaipur (Raj)

25. Kanha Ram Meena S/o Mangal Ram Meena, Aged About 30 Years, R/o Near Hanuman Temple, Ghati Karolan, New Jagatpura Road, Teh. Sanganer, Jaipur (Raj.)

26. Kavita Meena D/o Kishan Lal Meena, Aged About 28 Years, R/o Plot No. 2371 Meeno Ka Mohalla, Chokdi, Topkhana Tehsil And District Jaipur (Raj)

27. Naresh Kumar Meena S/o Ram Swaroop Meena, Aged About 36 Years, R/o Village Post Patusari, Tehsil And District Jhunjhunu (Raj.)

28. Shankar Singh Meena S/o Mohan Lal Meena, Aged About 29 Years, R/o 149 Meeno Ki Dhani, Ralavata Bagawas, Tehsil Kishangarh, District Jaipur (Raj)

29. Priya Khandelwal D/o Jugal Kishor Khandelwal, Aged About 29 Years, R/o Plot No. 2 Gali No. 1, Surya Nagar, Galta Gate. Tehsil And District Jaipur (Raj)

30. Poonam Kumari Verma D/o Rajendra Kumar Verma, Aged About 28 Years, R/o 260 Kacchibasti, Tila No. 4, Jawahar Nagar, Teh Dist. Jaipur (Raj)

31. Sandeep Singh Rajawat S/o Rajendra Singh Rajawat,

(3 of 5) [CW-19658/2022]

Aged About 35 Years, R/o Vpo- Jeerota Khurd, Tehsil And District Dausa (Raj)

----Petitioners Versus

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

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

3. The Director Elementary Education, Rajasthan Bikaner.

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

5. National Council For Teacher Education, Wing Ii, Hans Bhawan, Bhadur Shah Jafarmarg, New Delhi, Through Its Secretary.

----Respondents

For Petitioner(s) : Mr. Sushil Bishnoi For Respondent(s) : Mr. Pankaj Sharma, AAG Mr. D.S. Beniwal

JUSTICE DINESH MEHTA

Order

02/01/2023

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 of 5) [CW-19658/2022]

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.

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.

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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 the 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.

(DINESH MEHTA),J

177-Inder/-

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