Rajasthan High Court - Jodhpur

Bhupendra Singh vs State Of Rajasthan ... on 1 May, 2023

Bench: Vinit Kumar Mathur

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5937/2023

1. Bhupendra Singh S/o Shri Gopal, Aged About 37 Years, R/o Vpo Jharsar Chota, Teh Taranagar, Dist Churu, Rajasthan.

2. Sampat Kumari D/o Pratap Singh, Aged About 34 Years, R/o W/o Arvind Kumar Dhaterwala, Dhatawarwala, Jhunjunun,rajasthan.

3. Anita Kumari D/o Madan Singh, Aged About 34 Years, R/o Shanti Nagar, Devipura, Ward No 27, Sikar. Rajasthan.

4. Sonika Gill D/o Rameshwer Gill, Aged About 31 Years, W/o Anupam Kundu, House No 199, Village Kinala, Near New Jio Tower, Pabra, 65, Hisar, Haryana- 125112.

5. Maneesha Choudhary D/o Balu Ram Jat, Aged About 26 Years, R/o Talai Ki Dhani, Chithwari, Chomu, Jaipur, Rajasthan.

6. Yogesh Kumar Saxena S/o Kali Charan Saxena, Aged About 47 Years, R/o 188, Bansipuri-1St, Jagatpura, Jaipur Rajasthan.

7. Bhuri Singh Meena S/o Bodya Ram Menna, Aged About 43 Years, R/o Village Nithar, Teh. Weir, Dist Bharatpur, Rajasthan.

8. Sharvan Kumar Pradhan S/o Hari Krishan Sharma, Aged About 47 Years, R/o Bagda Colony Subhash Cricle, Chomu, Harota, Jaipur Rajasthan.

9. Gunna Ram Meena S/o Mool Chand Meena, Aged About 47 Years, R/o Vpo Bamanwas Dist Sawai Madhopur, Rajasthan.

10. Sanjay Lamba S/o Phool Chand Lamba, Aged About 34 Years, R/o V.p. Chelasi, Tehsil Nawalgarh, Jhunjhunu, Rajasthan.

11. Pawan Kumar Chhaparwal S/o Shanti Lal Chhaperwal, Aged About 48 Years, R/o Moti Nagar, F - Sanganer Road, Bhilwara Rajasthan.

12. Pawan Kumar S/o Amar Singh, Aged About 39 Years, R/o Village Dhani Burdakan, Post Kaliyasar, District Jhunjhunu, Rajasthan.

13. Darshna Yaduvanshi D/o Gajanand Yaduvanshi, Aged

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About 26 Years, R/o Sector 2, Adarsh Nagar, Bayana, Bharatpur, Rajasthan.

14. Priyanka Meena D/o Phool Chand, Aged About 25 Years, R/o Post Baroda, Teh. Jahajpur, Dist. Bhilwara, Rajasthan.

15. Yatendra Sharma S/o Rajendra Prasad Sharma, Aged About 36 Years, R/o 17 Prtap Nagar Vistar Meeno Ki Dhani, Murlipura, Jaipur, Rajasthan.

16. Mohit Kumar S/o Ramratan, Aged About 31 Years, R/o Nayaganj Ward No 8, Nandbai, Paharsar, Bhartpur Rajasthan

17. Khemraj Meena S/o Ramniwas Meena, Aged About 48 Years, R/o Vill. Badramsar, Teh. Gangapur City, Hirpur, Dist Sawai Madhopur, Rajasthan.

18. Mrs. Kamlesh Jangid D/o Rameshwar Jangid, Aged About 32 Years, R/o 46 Gujro Ka Mohalla, Vill Harsuliya, Tehsil Phagi, District Jaipur, Rajasthan.

19. Lalit Suman S/o Jagdish Suman, Aged About 28 Years, R/o Gadwala Mohlla Ambedkar Circle Ke Pass, Baran, District - Baran, Rajasthan.

20. Suresh Kumar Meena S/o Bholu Ram Meena, Aged About 33 Years, R/o Village Mediyan, Post Biletha, Teh Jahazpur, Jila Bhilwara, Rajasthan.

21. Narpal Singh S/o Natthu Ram, Aged About 28 Years, R/o Vpo Katopur, Dist Alwar Rajasthan.

22. Nisha Sain D/o Rajkumar Sain, Aged About 26 Years, R/o Ward No 33 Near Mjj Grils College, Suratgarh, Shrigangangar, Rajasthan.

23. Neha Sharma D/o Rajendra Kumar Sharma, Aged About 32 Years, R/o Deewan Colony, Bas Badanpura, Jaipur, Rajasthan.

24. Vikram Singh Shekhawat S/o Goverdhan Singh Shekhawat, Aged About 43 Years, R/o Village Gudha Surjan, Tehsil Amer District Jaipur, Rajasthan.

25. Pushkar Kumar Vijayvergiya S/o Ramchander Vikayvergiya, Aged About 43 Years, R/o V-P Nandrai Teh. Kotri, Dist Bhilwara, Rajasthan.

26. Sunila Rao D/o Mansa Ram, Aged About 45 Years, R/o Vpo Ghardana Khurd, Tehsil Buhana, Jhunjhunun.

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Rajasthan.

27. Seema Yadav D/o Surender Yadav, Aged About 29 Years, R/o Vpo Matalwas, Tehsil Kotkasim, Alwar, Rajasthan.

28. Radhey Shyam Sharma S/o Kalyan Prasad, Aged About 34 Years, R/o 6-H-21, Patelnagar, Bhilwara, Rajasthan.

29. Ravi Shankar Koushik S/o Rajkumar, Aged About 38 Years, R/o Vpo Kalyanpura, Via Thoi, Dist. Sikar, Rajasthan.

30. Meetha Lal Meena S/o Ramprasad Meena, Aged About 46 Years, R/o V Kawad P Jonla, Teh Chauthkabarwara, Dist. Sawai Madhopur, Rajasthan.

31. Neha Jain W/o Ankit Kumar Jain, D/o Satish Chand Jain, Aged About 32 Years, R/o J/r 77, Dileep Singh Colony, Ramgarh Road, Village Ramgarh Tehsil Mahwa District Dausa, Rajasthan.

32. Poonam Sharma D/o Mani Shankar Sharma, Aged About 30 Years, R/o Vpo Nayan, Tehsil Shahpura, Jaipur Rajasthan.

33. Sitaram Sharma S/o Chaturbhuj Sharma, Aged About 36 Years, R/o Village Post Bansi, Tehsil Nainwan, District Bundi, Rajasthan.

34. Ishawar S/o Satbir Singh, Aged About 37 Years, R/o Vpo Kirawar, Tehsil Tosham, District Bhiwani, Haryana

35. Lal Chand Sharma S/o Radhay Shyam, Aged About 43 Years, R/o Lal Chand Sharma / Radhay Shyam Ward No 8, Khakoli, Dost, Sikar, Rajasthan.

36. Manisha D/o Muniram Yadav, Aged About 30 Years, R/o Village Silarpur, Teh. Neemrana, Dist Alwar Rajasthan.

37. Mahendra Singh Sisodiya S/o Narayan Singh Sisodiya, Aged About 39 Years, R/o 1-A/78, Senthi Segwa Road, Housing Board, Chittoorgarh, Rajasthan.

38. Neelam Sharma D/o Pawan Kumar Sharma, Aged About 33 Years, R/o F.n. 201, R-11-103 Indraprastha Colony, Jaipur, Rajasthan.

39. Mahendra Singh S/o Sumer Singh, Aged About 47 Years, R/o Ward 11 Dirdhani, Nagaur Rajasthan.

40. Mohammed Rizwan S/o Abdul Latif, Aged About 42 Years, R/o Village Behted, Tehsil Malarna Doongar, District Sawai

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Madhopur, Rajasthan.

41. Balbir Singh Shekhawat S/o Prahlad Singh Shekhawat, Adopt Son Amba Singh, Aged About 39 Years, R/o Baniya Bass, Village Mundru, District Sikar, Rajasthan.

42. Brijmohan Jat S/o Ramkaran Jat, Aged About 34 Years, R/o Village Post Baroni, Teh. Dist Tonk, Vaya Newai Rajasthan.

43. Parmeshwar Chhaba S/o Modoo Ram Chhaba, Aged About 25 Years, R/o Chhaba Ki Dhani, Vpo Noondra, Teh. Makrana, Dis Nagaur, Rajasthan.

44. Trilok Chand Saini S/o Jagdish Prasad Saini, Aged About 27 Years, R/o Panditpura, Bandikui Rajasthan.

45. Basanti Lal Jain S/o Ramswaroop Jain, Aged About 45 Years, R/o Bagri, Ward09, Peeplu, Tonk

46. Radhey Shyam Meena S/o Madhu Lal Meena, Aged About 26 Years, R/o Ara Mision Ke Pass, Peeploo, Tonk, Rajasthan.

47. Ramraj Meena S/o Shripal Meena, Aged About 28 Years, R/o 38, Chamaro Ka Mohalla, Vill. Kotri, Meena Ki, Tehsil Shapura, District Bhilwara, Rajasthan.

48. Hari Prasad Sharma S/o Balu Ram Sharma, Aged About 35 Years, R/o Brahamano Ka Mohhlla, Ajgara, Ajmer. Rajasthan.

49. Anoop Singh S/o Prakash Chand, Aged About 26 Years, R/o Dhani Gadhwalo, Village Kairoth, Tehsil Udaipurwati, Pachlangi, Jhunjhunun, Rajasthan.

50. Suchitra D/o Om Prakash, Aged About 25 Years, R/o Vpo Kunji, Teh Bhadra, Dist Hanumangarh, Rajasthan.

51. Gopal Dangi S/o Dal Chand Dangi, Aged About 45 Years, R/o Shobhagpura Akhand Ashram Wala Nohra, Tehsil Badgeon, Udaipur, Rajasthan.

52. Vikram Singh S/o Jagdish Prasad, Aged About 36 Years, R/o Vpo Bala Ji Ka Nada, Dharama Sala, Beri. Sikar, Rajasthan.

53. Subhash Chandra S/o Ramesh Chand, Aged About 33 Years, R/o Pura Sikroda, Post Neemkhera, Teh. Bari, District Dholpur, Rajasthan.

54. Sagar Mal S/o Arjun Lal Choudhary, Aged About 44 Years,

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R/o Haritwalo Ki Dhani, Govati, Teh. Dantaramgarh, District Sikar, Rajasthan.

55. Pankaj Gautam S/o Jay Praksh Gautam, Aged About 33 Years, R/o Enchera, Nabdai, Bharatpur, Rajasthan.

56. Keshav Singh Sirohiya S/o Murari Lal Sirohiya, Aged About 35 Years, R/o Vpo Gandal, Tehsil Bamanwas, District Sawai Madhopur, Rajasthan.

57. Dileep Kumar S/o Badan Singh, Aged About 33 Years, R/o Vill Badangarh, Teh. Deeg, District Bharatpur, Rajasthan.

58. Beena Mahich D/o Mahaveer Prasad, Aged About 31 Years, R/o Vpo Adaksar, Tehsil Kuchaman City, Dist Nagaur, Rajasthan.

59. Manish Kumar Gupta S/o Suresh Chand Agrawal, Aged About 37 Years, R/o Sainik Nagar, Karmchari Colony Ke Pass Gangapur City, Sawi Madhopur, Rajasthan.

60. Rakesh Meena S/o Surgyan Meena, Aged About 34 Years, R/o Malarna, Chaur, Sawai Madhopur, Rajasthan.

61. Roshan Lal S/o Rameshwer Lal, Aged About 40 Years, R/o Ward 11, Manniwali (36 Ptp) Sadulshahar, Sri Ganganagar, Rajasthan.

62. Giriraj Prajapat S/o Badri Lal Prajapat, Aged About 28 Years, R/o Village Banwara, Post Chogai, Teh Peeplu, District Tonk, Rajasthan.

63. Shabana Bano D/o Tajmmul Hussain, Aged About 26 Years, R/o Vp Notara Maliyan, Teh Digod, Dist Kota Rajasthan.

64. Alka Pareek D/o Satynaryan Preek, Aged About 32 Years, R/o Village Aamesar, Teh Asind, District Bhilwara Rajasthan.

65. Chhuttan Lal Meena S/o Kanchan Ram Meena, Aged About 53 Years, R/o Khilchipur Meena, Teh. Todabheem, Dis. Karauli, Rajasthan.

66. Saunam Kumari D/o Naim Singh, Aged About 29 Years, R/o Village Ubar, Post Sogar, Teh Kumher, Bharatpur, Rajasthan.

67. Radha Ghintala D/o Sahiram, Aged About 27 Years, R/o Vi Pabusar, Teh Ratangarh, Dist Churu, Rajasthan

68. Saubhag Meena S/o Dhanna Lal Meena, Aged About 47

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Years, R/o Namana Raod, Amli, Post Amli, Teh. And District Bundi Rajasthan.

69. Saroj Sogana D/o Kishan Lal Balai, Aged About 32 Years, R/o Ward No 2, Senior Secondary School Ki Gali, Bonni, Dooni Deoli Tonk, Rajasthan.

70. Surya Parkash Patrod S/o Gopal Lal, Aged About 28 Years, R/o Ward - 12, Udaybhan Get K Ander, Shahpura, Bhilwara, Rajasthan.

71. Rajendra Garva S/o Sharwan Ram Garva, Aged About 28 Years, R/o Jhalamaliya Rani Gaon, Makrana, Nagaur, Rajasthan.

72. Dhirendra Singh Chundawat S/o Jethu Singh Chundawat, Aged About 29 Years, R/o Vil Jhalara, Post Ragunathpura, Th. Asind Dis Bhilwara, Rajasthan.

73. Dinesh Kumar S/o Nihal Singh, Aged About 37 Years, R/o 00, Kirawar, 38 Bhiwani , Haryana.

74. Nirma Prajapat D/o Bana Lal Prajapat, Aged About 33 Years, R/o V-Nai Nai Arwar, Th. Shahpura, Bhilwara, Rajasthan.

75. Anita Meena D/o Sitaram Meena, Aged About 32 Years, R/o Vpo Kundal, Teh And Dist Dausa, Rajasthan.

76. Manisha Yadav D/o Shiv Lahri Yadav, Aged About 26 Years, R/o Kotkasim, District Alwar, Rajasthan.

77. Prem Chand S/o Khumana Ram, Aged About 37 Years, R/o Vpo Didwana, Ward 02, Didwana, Dist Gangannagar, Rajasthan.

78. Jyoti Ranka D/o Gyan Chand Ranka, Aged About 32 Years, R/o Badri Ka Chouk, Phuliya Gate, Shahpura, District Bhilwara, Rajasthan.

79. Archana Kanwar D/o Ranveer Singh Nirwan, Aged About 33 Years, R/o Hukam Singh, 375 Ward No 13, Dakshini Dhaniya, Jerthi, Sikar, Rajasthan.

80. Suresh Kumar Yadav S/o Tejpal Yadav, Aged About 39 Years, R/o House No 360, Bas Kripalnagar, Alwar, Rajasthan.

81. Sheela Nawariya D/o Puran Mal Nawariya, Aged About 31 Years, R/o Sureli Darvaja Ke Bahar, Isarda, Sawai Madhopur, Rajasthan.

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82. Shivani Nirban D/o Mahesh Chandra Nirban, Aged About 26 Years, R/o Vpo Geejgarh, Teh. Sikrai District Dausa, Rajasthan.

83. Jagdish Prasad Dhaka S/o Cheta Ram Dhaka, Aged About 45 Years, R/o Village Hukamoura, Teh. Dhod, District Sikar, Rajasthan.

----Petitioners Versus

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

2. Director, Elementary Education Department, Bikaner, Rajasthan.

3. Director, Secondary Education Department, Bikaner, Rajasthan.

4. Joint Director, Secondary Education Department, Udaipur Division, Udaipur Rajasthan.

5. Joint Director, School Education Department, Udaipur Division, Udaipur Rajasthan.

6. District Education Officer, Elementary Education Department, Pratapgarh, Rajasthan.

7. District Education Officer, Secondary Education Department, Pratapgarh, Rajasthan.

8. Commissioner, Tribal Area Development Department, Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Himanshu Kachhawaha

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

01/05/2023

The counsel for the petitioners submits that the controversy

involved in the present case is squarely covered by a judgment of

this court passed in a batch of writ petitions led by S.B. Civil Writ

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Petition No.981/2022 (Chet Ram Meena V/s State of Rajasthan &

Ors.) on 02.02.2023 in the following terms:

"1. Petitioners in all these petitions have approached this court with a common grievance that in spite of the fact that the petitioners do not hail from TSP area, they have been posted at places which were either in a TSP area or have been included in TSP area by virtue of the notification issued from time to time by the President of India in this regard.

2. It is argued that petitioners have been retained in TSP area regardless of an earlier decision that was taken by the competent authority, to shuffle them out of TSP area in furtherance of concern expressed by the Department of Personnel.

3. Mr. Pankaj Sharma, learned Additional Advocate General places before the court Minutes of a Meeting dated 06.01.2023 drawn by a high level Committee constituted by the State Government and points out that in light of the such decision, all the petitioners would be moved to Non- TSP area in phased manner.

4. A photocopy of the Minutes of the Meeting which has been produced by Mr. Sharma, learned AAG, is taken on record.

5. All these petitions are disposed of in light of the above referred decision of the State Government in the meeting held on 06.01.2023.

6. State shall ensure that the decision taken qua these petitioners is given effect to as early as possible preferably within a period of six months from today.

7. Needless to observe that since the petitioners will be moved out of their respective districts on account of the decision of the State Government (and not at their own request) they shall not lose their seniority and they will not be placed in bottom of the seniority list, which is so done in case a candidate opts for to it on his own accord.