Rajasthan High Court - Jodhpur

Narendra Singh Panwar vs State Of Rajasthan ... on 5 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/013786]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6151/2023

1. Narendra Singh Panwar S/o Sh. Mahendra Singh Panwar, Aged About 36 Years, R/o. Shobhawato Ki Dhani, Pal Basni Link Road, Jodhpur.

2. Vinod Singh S/o Sh. Shambhu Singh, Aged About 31 Years, R/o.Behind Sabji Mandi, Pugal Road, Bangla Nagar, Bikaner.

3. Motiram Prajapat S/o Sh. Prayaga Ram, Aged About 28 Years, R/o.48, Prajapato Ki Dhani, Village Madasar, Post Neran, Tehsil Pokaran, Jaisalmer.

4. Pradeep Kumar S/o Sh. Naresh Kumar, Aged About 25 Years, R/o Chak 6, Knd (A), Post Office Khobar, Tehsil Rawala Mandi, District Shri Ganganagar.

5. Hukma Ram Jangid S/o Sh. Ram Prasad, Aged About 28 Years, R/o Village Khodwa, Post Bhawanda, Tehsil Khinvsar, District Nagaur.

6. Pawan Kumar Jangid S/o Sh. Rameshwar Prasad Jangid, Aged About 34 Years, R/o 62, Raghunathpuri -Ii, Near Airport, Sanganer, Jaipur.

7. Suman D/o Sh. Bahadur Singh, Aged About 31 Years, R/o Village Dhani Raikan, P.o. Sringasar, Tehsil Nohar, District Hanumangarh.

8. Ratan Lal S/o Sh. Bhagu Ram, Aged About 26 Years, R/o Village Baori, Post Raseedpura, Tehsil Maulasar, District Nagaur.

9. Ramdarshan Bishnoi S/o Sh. Jawahar Lal, Aged About 27 Years, R/o Ward No. 5, Chak 266 Rd, Udana, Loonkaransar, District Bikaner.

10. Rajendra Prasad Meena S/o Sh. Arjun Lal Meena, Aged About 36 Years, R/o Village Vimalpura, Post Kanarpura Via Kaladera, Tehsil Choumu, District Jaipur.

11. Lakhvinder Singh S/o Sh. Balveer Singh, Aged About 30 Years, R/o Vpo Bhagwansar, 2Sgm, Suratgarh, District Shri Ganganagar.

12. Mukesh Kumar S/o Sh. Ram Kumar, Aged About 28 Years, R/o Ward No. 12, 11P, Patroda Anoopgarh, District Shri Ganganagar.

13. Kamlesh Meena S/o Sh. Laxmi Narayan Meena, Aged About 35 Years, R/o Village Baiory Khera, Post Khopar, Teshil Chhabra, District Baran.

14. Buda Ram S/o Sh. Sahi Ram, Aged About 31 Years, R/o Village Post Chawandiya, Tehsil Khinvsar, District Nagaur.

15. Mohd Maqsood Quazee S/o Sh. Mohd Daud Quazee, Aged About 31 Years, R/o Teliyan Masjid Ke Pass, Ward No. 15, Sujangarh, District Churu.

16. Sunil Kumar Tada S/o Sh. Sukha Ram, Aged About 25

[2023/RJJD/013786] (2 of 5) [CW-6151/2023]

Years, R/o Vpo Mewra, Tehsil Degana, District Nagaur.

17. Sangeeta Kumari Sharma D/o Sh. Babu Lal Sharma, Aged About 34 Years, R/o Vpo Joun, Tehsil Nangal Rajawatan, District Dausa.

----Petitioners Versus

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

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

3. The Director, Elementary Education, Rajasthan, Bikaner.

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

5. National Council For Teacher Education, Wind II, Hans Bawan, Bahadur Shah Jafar Marg, New Delhi, Through Its Secretary.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. D.S. Gaur
For Respondent(s)         :     Mr. Pankaj Sharma, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

05/05/2023

Heard learned counsel for the parties.

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

present writ petition, therefore, the same is being heard 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.).

[2023/RJJD/013786] (3 of 5) [CW-6151/2023]

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.

[2023/RJJD/013786] (4 of 5) [CW-6151/2023]

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:-

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[2023/RJJD/013786] (5 of 5) [CW-6151/2023]

In view of the order dated 04.01.2023, the candidature of

the petitioners have 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 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

the SLPs pending before the Supreme Court. No equitable rights

will be created in favour of the petitioners.

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.