Rajasthan High Court - Jodhpur

Mahipal Limba Kumhar vs State Of Rajasthan ... on 1 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/012778]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5750/2023

1. Mahipal Limba Kumhar S/o Narayan Ram Kumhar, Aged About 37 Years, R/o Tankla, Khwasar, District Nagaur, Rajasthan.

2. Sanjay Kumar Bohara S/o Hargopal Bohara, Aged About 37 Years, R/o Ward No.1, Panjabi Kothi, Khandela Road, Srimadhopur, District Sikar, Rajasthan.

3. Deepak Poonia S/o Dharamveer Poonia, Aged About 25 Years, R/o Village 17Bb, Post 16 Bb, Tehsil Padampur, District Sriganganagar, Rajasthan.

4. Surender Kumar S/o Suresh Kumar, Aged About 34 Years, R/o Near Main Bus Stand, New Ward No.10, Sangaria, District Hanumangarh, Rajasthan.

5. Ramkishor Saini S/o Babu Lal, Aged About 24 Years, R/o Bhuriyala Ki Dhani, Bhopalgarh, District Jodhpur, Rajasthan.

6. Banna Ram Yadav S/o Gauru Ram Yadav, Aged About 40 Years, R/o Village Sunderpura, Post Beelpur, Vaya Manoharpur, Tehsil Amer, District Jaipur, Rajasthan.

7. Mansoor Ahmad S/o Aslam Shekh, Aged About 34 Years, R/o Khalifa Colony, Ward No.64, Sikar, District Sikar, Rajasthan.

8. Shahista Parveen D/o Mohd. Ayub Bagwan, Aged About 26 Years, R/o Noor Bagh, Near Dairy Plant, Ajmer Road, Subhash Nagar, Bhilwara, District Bhilwara, Rajasthan.

9. Sanjay Khan S/o Shakkrud Deen Khan, Aged About 28 Years, R/o Vpo Daudsar, Via Dhankoli, Tehsil Didwana, District Nagaur, 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.

[2023/RJJD/012778] (2 of 4) [CW-5750/2023]

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

                                                                     ----Respondents


For Petitioner(s)              :    Mr.Kailash Jangid.
For Respondent(s)              :    Mr. Pankaj Sharma, AAG.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                         Order

01/05/2023

      Heard learned counsel for the parties.

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.

[2023/RJJD/012778] (3 of 4) [CW-5750/2023]

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".

The counsel for the petitioners submits that during the

pendency of the present writ petition, 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.

[2023/RJJD/012778] (4 of 4) [CW-5750/2023]

Having considered the submissions made before this court,

the present writ petition is 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.

It is made clear that the benefits extended to the petitioners

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