Rajasthan High Court - Jodhpur

Sachin Maiya vs State Of Rajasthan ... on 27 March, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/007449]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Civil Writ Petition No. 19708/2022

1. Tofik S/o Jahir Ahamad, Aged About 31 Years, R/o Village Ratan Pura, Post Hadyal, Tehsil Rajgarh Distt. Churu (Raj.).

2. Rimpy D/o Ashok Kumar W/o Sourabh Sachdeva, Aged About 30 Years, R/o Ward No. 08 Rawatsar, Tehsil Rawatsar, Distt. Hanumangarh (Raj.).

3. Imran Khan S/o Ashfak Ahmed, Aged About 42 Years, R/o Qureshi Mohalla, Sojat Road, Tehsil Sojat, Distt. Pali (Pali).

4. Gatu Lal Meena S/o Nanuram Meena, Aged About 35 Years, R/o Ward No. 13, Mukam Tatola, Post Mituli Fala Vasama, Tehsil Sagwara, Distt. Dungarpur (Raj.).

5. Dhanna Ram Patel S/o Suja Ram, Aged About 42 Years, R/o Near Dak Bangla, Jaitaran, Tehsil Jaitaran, Distt. Pali (Raj.).

6. Vikram Singh Chouhan S/o Gaoutam Singh Chouhan, Aged About 29 Years, R/o Naya Gav Bavji, Jhariyana Gaon, Punjpur, Distt. Dungarpur (Raj.).

7. Yamini Bansal S/o Subhash Chand Bansal, Aged About 28 Years, R/o Mansarowar Colony, Vaishali Nagar, Ajmer, Distt. Ajmer (Raj.).

8. Pushpa Ahari D/o Mava Ahari, Aged About 38 Years, R/o Village Dhamod, District Dungarpur (Raj.).

9. Prakash Chandra Katara S/o Panna Lal Katara, Aged About 35 Years, R/o Village Mukam Pada, Post Kariyana, Tehsil Sagwara, District Dungarpur (Raj.).

10. Vijender Kumar S/o Kalu Ram Ragar, Aged About 33 Years, R/o Ward No. 21, Tehsil Udaipurwati, District Jhunjhunu (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.

[2023/RJJD/007449] (2 of 8) [CW-19708/2022]

5. National Council For Teacher Education, Wind Ii, Hans Bhawan, Bhadur Shah Jafar Marg, New Delhi, Through Its Secretary.

----Respondents

Connected With

S.B. Civil Writ Petition No. 19658/2022

1. Sachin Maiya S/o Birdi Chand, Aged About 27 Years, R/o 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)

[2023/RJJD/007449] (3 of 8) [CW-19708/2022]

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)

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

[2023/RJJD/007449] (4 of 8) [CW-19708/2022]

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, 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

S.B. Civil Writ Petition No. 19732/2022

1. Sunita Rana W/o Shri Shankar Lal, Aged About 32 Years, R/o Chaprasi Line Ke Pass, Ganesh Mark, Mount Abu, District Sirohi, Rajasthan.

2. Naresh Chandra Roat Spouse/o Shri Dhanpal Roat, Aged About 36 Years, R/o Ward No. 7, Mukam Dolvariya Oda, Antri, Dungarpur, District Dungarpur, Rajasthan.

3. Kishan Singh Shaktawat S/o Shri Ram Singh Shaktawat, Aged About 33 Years, R/o Phoosariya, Udaipur, District Udaipur, Rajasthan.

[2023/RJJD/007449] (5 of 8) [CW-19708/2022]

4. Vinod Kumar Meena S/o Shri Ramaji Meena, Aged About 31 Years, R/o Samiter, Jawas, Udaipur, District Udaipur, Rajasthan.

5. Shyam Sunder Lohar S/o Shri Ram Narayan Lohar, Aged About 40 Years, R/o Vpo Karju, Tehsil Chhoti Sadari, Post Karju, District Pratapgarh, Rajasthan.

6. Mathuralal Meena S/o Shri Logar Lal Meena, Aged About 32 Years, R/o Jodavat Fala, Kaalibheet, Kanor, Udaipur, District Udaipur, Rajasthan.

7. Dharmendra Kumar Meena S/o Shri Nagji Ram Meena, Aged About 31 Years, R/o 12, Kodriya, Boarmali, Badamali, Dungarpur, District Dungarpur, Rajasthan.

8. Rajesh Meena S/o Shri Lilaram Meena, Aged About 30 Years, R/o Vpo Pindwal, Tehsil Sabla, District Dungarpur, Rajasthan.

----Petitioners

Versus

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

2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Secretary, Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, District Jaipur, Rajasthan.

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

                                                                        ----Respondents


For Petitioner(s)               :     Mr. Sushil Solanki.
For Respondent(s)               :     Mr. Pankaj Sharma, AAG.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                           Order

27/03/2023

      Heard learned counsel for the parties.





 [2023/RJJD/007449]                       (6 of 8)                         [CW-19708/2022]

Since, common question of facts and law is involved in the

present writ petitions, therefore, the same are being heard

together and decided by this common order.

On 02.01.2023, following order was passed by this court:-

"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. 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.

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 other 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".

[2023/RJJD/007449] (7 of 8) [CW-19708/2022]

The counsel for the petitioners submits that during the

pendency of the present writ petitions, the petitioners have been

permitted to appear in the examination conducted by the

respondents.

Learned counsel for the respondents submits that the

respondents are aware of the fact that the matter is getting

attention of the Hon'ble Supreme Court.

On 04.01.2023, the following order was passed by the

respondent State:-

"Øekad%i-14¼107½[email protected]@izk-f'[email protected]/;[email protected]@[email protected]@1290 fnukad% 04-01-23 &%% la'kksf/kr foKfIr %%& mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ&2022 cksMZ }kjk mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ&2022 ds vUrxZr v/;kid ysoy&f}rh;] d{kk 6 ls 8 ds fofHkUu inksa ij lh/kh HkrhZ gsrq fu/kkZfjr ;ksX;rk/kkjh vkosndksa ls foKfIr la[;k [email protected] fnukad 16-12-2022 dks tkjh dj vkWuykbZu vkosnu (Online Application Form) fnukad 21-12- 2022 ls 19-01-2023 jkf= 12%00 cts rd vkeaf=r fd;s tk jgs gSaA ekuuh; jktLFkku mPp U;k;ky; }kjk ;kfpdk la[;k [email protected] esa ikfjr varfje vkns'k fnukad 05-02-2022 rFkk loksZPp U;k;ky; esa yfEcr fo'ks"k vuqefr ;kfpdk ds Øe esa mPp izkFkfed fo|ky; v/;kid lh/kh HkrhZ&2022 ds varxZr vfrfjDr fo"k; ls Lukrd mRrh.kZ vH;FkhZ Hkh bl HkrhZ gsrq vkWuykbZu vkosnu dj ldsaxsA ;g vuqefr loksZPp U;k;ky; esa yfEcr fo'ks"k vuqefr ;kfpdk ds vafre fu.kZ; ds v/;/khu jgsxhA"

In view of the order dated 04.01.2023, the candidature of

the petitioners has been provisionally considered and the same

will be governed by final outcome by the Supreme Court.

Having considered the submissions made before this court,

the present writ petitions are disposed of with a direction to the

respondents to provisionally consider the candidature of the

petitioners in accordance with law and grant them relief in

accordance with law subject to final outcome of the Special Leave

Petitions pending before the Supreme Court.

[2023/RJJD/007449] (8 of 8) [CW-19708/2022]

It is made clear that the benefits extended to the petitioners

will be purely on provisional basis subject to the final outcome of