Anopa Ram Meghwal vs State Of Rajasthan ...
2023 Latest Caselaw 2352 Raj

[2023/RJJD/006921]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18667/2019

Anopa Ram Meghwal S/o Shri Manak Ram, Aged About 32 Years, By Caste Meghwal, Resident Of Ward No. -2, Bajju Khalsa, District- Bikaner.

----Petitioner Versus

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

2. The Director, Secondary Education, Bikaner.

3. The District Education Officer (Headquarter), Secondary Education, Bikaner.

4. The Panchayat Elementary Education Officer (P.e.e.o), Government Aadarsh Senior Secondary School, Mithdiya, Block- Kolayat, District- Bikaner.

5. The Headmaster, Government Shiksha Karmi Upper Primary School, 961 Rd, Main Nahar, Mithdiya, Block- Kolayat, District- Bikaner.

                                                                  ----Respondents


For Petitioner(s)          :     None present
For Respondent(s)          :     Mr. Shrawan Kumar



                      JUSTICE DINESH MEHTA

                                      Order

20/03/2023

1. Mr. Shrawan Kumar, learned counsel appearing for the

respondents - State submitted that the petitioner has tried to

mislead the Court that the controversy involved in the present writ

petition is squarely covered by the judgment dated 11.02.2019

rendered by the High Court in the case of Mahendra Singh

Rathore Vs. State of Rajasthan : S.B. Civil Writ Petition

[2023/RJJD/006921] (2 of 2) [CW-18667/2019]

No.19152/2018, whereas no final decision has yet been taken

by the respondents.

2. While highlighting that the order dated 07.12.2019 which

has been challenged by the petitioner is not an order of rejection

of his candidature, the learned counsel submitted that the

petitioner in essence has challenged condition No.1 of the

appointment order.

3. While submitting that the condition No.1 in the appointment

order is not illegal, learned counsel argued that the petition is not

only premature, but also misconceived.

4. In the present writ petition on 18.12.2019, a co-ordinate

Bench of this Court has passed the following interim order:-

"In the Meanwhile, the respondent shall not cancel the candidature of the petitioner."

5. According to this Court, the writ petition is premature as no

final order of rejection of his candidature has been passed. The

same is hence, dismissed.

6. The respondents shall be free to take final decision in

relation to petitioner's candidature considering applicable law,

including the judgment in the case of Mahendra Singh Rathore

and prevailing circular of the Department regarding pendency of

criminal case.

7. The stay application also stands dismissed accordingly.

(DINESH MEHTA),J 48-akansha/-

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