Rajasthan High Court - Jodhpur

Ashok Dudi vs State Of Rajasthan ... on 12 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/014928]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6548/2023

1. Ashok Dudi S/o Sh. Hanuman Ram, Aged About 31 Years, R/o Vpo Bachhwari, Tehsil Degana, Distt. Nagaur

2. Khaleel Ahmed S/o Rahim Khan, Aged About 37 Years, R/o Village Nagla Matwa Post Tasai Tehsil Kathumar Distt. Alwar.

3. Niranjan Prasad Purbia S/o Sh. Dadam Chand Purbia, Aged About 36 Years, R/o Thobawara Post Upreta Tehsil Jhadol Falasiya, Distt. Udaipur.

4. Khyali Lal Lohar S/o Sh. Narayan Lal Lohar, Aged About 30 Years, R/o Atatiya Post Ogna Teh Jhadol Distt. Udaipur.

5. Sayed Mohasin Ali S/o Sayed Sikandar Ali, Aged About 33 Years, R/o Johari School Ke Piche, Station Road, City And Tehsil Ladnun, Distt. Nagaur.

6. Mohammad Javed Khan S/o Mohammad Shakeel Ahamad, Aged About 27 Years, R/o Near Of Zama Masjid Bonli V/p Bonli Tehsil Bonli, Distt. Sawai Madhopur.

7. Vinita Soni D/o Sh. Krishna Kumar Soni, Aged About 41 Years, R/o 20 K Babel Street, Raoji Ka Hata, Distt. Udaipur

8. Bhanwar Singh S/o Sh. Narayan Singh, Aged About 41 Years, R/o Vpo Aachina, Teh. Khinwsar, Distt. Nagaur.

9. Ashraf Baig S/o Salam Baig, Aged About 27 Years, R/o Mirza Mohalla, Malarna Dungar, Teh. Malarna Dungar, Post Malarna Dungar, Distt. Sawai Madhopur.

10. Pawan Kumar S/o Sh. Netram, Aged About 28 Years, R/o Ward No. 03, V/p Pakka Saharana, 24 Llw-A, Distt. Hanumangarh.

11. Jatin Shringi S/o Sh. Tikam Chand Shringi, Aged About 29 Years, R/o A-7 Veer Sawarkar Nagar, Rangbari Road, Distt. Kota.

12. Mutallib Khan S/o Lukman Khan, Aged About 24 Years, R/o Ghati Pada, Malarna Dungar, Teh. Malarna Dungar Post Malarna Dungar, Distt. Sawai Madhopur.

13. Mohsin Kaji S/o Mohd. Shakil Kaji, Aged About 27 Years, R/o Bangali Baba Ke Takiya Ke Pass, Sujangarh, Distt. Churu.

[2023/RJJD/014928] (2 of 5) [CW-6548/2023]

14. Sandeep Kumar S/o Sh. Rajender Kumar, Aged About 30 Years, R/o American Institute, Near Bhaggu Wala Kuaan Village Surtgarh, Distt. Sriganganagar.

15. Om Prakash Soni S/o Sh. Rameshwar Lal Soni, Aged About 45 Years, R/o 1-B-37, Indira Colony, Distt. Nagaur.

----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, Thorugh 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. Dharmendra Singh Gaur For Respondent(s) : Mr. Pankaj Sharma, AAG

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/05/2023

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.).

[2023/RJJD/014928] (3 of 5) [CW-6548/2023]

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/014928] (4 of 5) [CW-6548/2023]

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:-

"Øekad%i-14¼107½[email protected]@izk-f'[email protected]/;[email protected]@[email protected]@1290 fnukad% 04-01-23

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[2023/RJJD/014928] (5 of 5) [CW-6548/2023]

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.