Rajasthan High Court - Jodhpur

Subhash Meel vs State Of Rajasthan ... on 17 May, 2023

Bench: Vinit Kumar Mathur

[2023/RJJD/015662]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6698/2023

1. Subhash Meel S/o Bhagwana Ram, Aged About 47 Years, R/o Madhopura, Sikar, Lachhmangarh, Rajasthan.

2. Prabhati Devi W/o Vijay Prakash Verma, Aged About 44 Years, R/o Banarasi Devi Road Pipali Chok, Nawalgarh Jhunjhunu Rajasthan.

3. Sunita Kumari Mahaur W/o Jagdish Parsad Mahaur, Aged About 43 Years, R/o New Petrol Pamp Ka Samne Sekandra Road, Bandkui Jageer (Rural) Bandikui, Dausa Rajasthan.

4. Saroj Bai W/o Vidyadhar Katewa, Aged About 51 Years, R/o Baghpura, Nalwa, Jhunjhunun. Rajasthan.

5. Mahendra Singh S/o Mahadev Prasad, Aged About 46 Years, R/o Mohabbatlari, Ghoribara Khurd, Jhunjhunun. Rajasthan.

6. Sangeeta Kumari D/o Hawa Singh, Aged About 32 Years, R/o Ward No 6, Kayasthpura, Jhunjhunun Rajasthan.

7. Pradeep Bagotia S/o Mahipal, Aged About 33 Years, R/o Kuloth Kalan, Koukloth Kalan, Jhunjhunun. Rajasthan.

8. Vinod Kumar S/o Gurudayal, Aged About 33 Years, R/o Ward No 4, Mainpura, Jhunjhunun Rajasthan.

9. Raju Pawanda S/o Budharam, Aged About 40 Years, R/o Ward No 13, Baori, Teh- Khandela, Sikar. Rajasthan.

10. Ajay Kumar S/o Amar Lal, Aged About 32 Years, R/o Seemalya Kota Rajasthan.

11. Suresh Chandra Nayak S/o Govind Lal Nayak, Aged About 29 Years, R/o Pabu Chauk, Ganeshpura, Bhilwara Rajasthan.

12. Balwan S/o Juhara Ram Jat, Aged About 34 Years, R/o Leelki, Churu. Rajasthan.

13. Mukesh Kumar Meena S/o Ram Lal Meena, Aged About 34 Years, R/o Deoli Goan, Tonk. Rajasthan.

14. Rakesh Kumar Meena S/o Goteram Meena, Aged About 35 Years, R/o Gyadaspura, Madasll, Dholpur. Rajasthan.

15. Lalit Kumar Meena S/o Jamna Lal Meena, Aged About 32 Years, R/o Chhjelon Ka Khera, Bhilwara, Rajasthan.

16. Sushila Kumari D/o Ramesh Chand, Aged About 26 Years, R/o C/o Rakesh Kumar Ward No.3, Baroda Meo, Alwar, Rajasthan.

17. Pushpa Kumari D/o Shishupal Singh Meel, Aged About 33 Years, R/o Dhani Hatidan Charan, Dhandhan, Sikar. Rajasthan.

18. Parveen Choudhary S/o Ratan Singh, Aged About 31 Years, R/o Jhunjhunun. Rajasthan.

19. Vandana Kumari W/o Subhash, Aged About 31 Years, R/o

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Shree Sardarpura, Jhunjhunun. Rajasthan.

20. Dinesh Kumar Gour S/o Parbhulal Gour, Aged About 42 Years, R/o 01,02, Amrit Kua, Kota Rajasthan.

21. Pratap Singh S/o Manohar Singh, Aged About 43 Years, R/o Khohra, Bharatpur. Rajasthan.

22. Trilok Kumar Verma S/o Girraj Prasad, Aged About 28 Years, R/o Ambedkar Colony, Prithvipura, Alwar, Rajasthan.

23. Rameshwar Meena S/o Shiv Lal Meena, Aged About 50 Years, R/o Vpo Bhoorekapura Mandrayal, Gurdah, Karauli, Rajasthan.

24. Sanjay Kumar Pareek S/o Hari Prasad Pareek, Aged About 48 Years, R/o Ward No 7, Silanwad, Nagaur, Rajasthan.

25. Ramkesh Meena S/o Sukh Chand Meena, Aged About 48 Years, R/o Village Baluapura, Karauli Rajasthan.

26. Arvind Kumar Gupta S/o Prabhu Dayal Gupta, Aged About 37 Years, R/o 542 Soni Mohlla, Bamanwas Patti Kalan, Sawai Madhopur, Rajasthan

27. Deen Dayal Sharma S/o Ram Nath Sharma, Aged About 40 Years, R/o Jadia, Alwar, Rajasthan.

28. Anil Kumar Pancholi S/o Dharm Chand Sharma, Aged About 36 Years, R/o Chawand Mohlla, Reni, Alwar, Rajasthan.

29. Manoj Kumar Sharma S/o Hari Prasad Sharma, Aged About 33 Years, R/o Leeli, Alwar, Rajasthan.

30. Manoj Kumar Sharma S/o Hari Shankar Sharma, Aged About 38 Years, R/o 82 Adarsh Coloney, Bandikui, Rajasthan.

31. Nenu Meena S/o Sawaliya Meena, Aged About 50 Years, R/o Simara, Karauli, Rajasthan.

32. Alaram Meena S/o Ramprasad Meena, Aged About 47 Years, R/o Village Bamanwas Patti Kala, Sawai Madhopur, Rajasthan.

33. Archana Sharma W/o Himanshu Tiwari, Aged About 33 Years, R/o 358 Thakur Mohalla, Astawan, Th. Kumher, Astavan Kadim, Bhartpur, Rajasthan.

34. Ravi Shankar Sharma S/o Ram Kripal Sharma, Aged About 33 Years, R/o Village Kali Pahari Charanwas, Tehsil Jamwaramgarh District Jaipur, Rajasthan.

35. Rekha Jangid D/o Subhkaran Jangid W/o Ashok Jnagid, Aged About 53 Years, R/o Ward No. 28 Krishna Batika Ke Pass Railway Station Laxman Garh, Sikar, Rajasthan.

36. Vivek Paneri S/o Chandrashekhar Paneri, Aged About 39 Years, R/o 45 Panerio Ki Madri, Near Dudh Talai Nohra, Satyanarayan Mandir, Tehsil Girwa District Udaipur, Rajasthan.

37. Rajeshwari Sharma D/o Chandrabhan Sharma, Aged

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About 32 Years, R/o Kutti Mohalla Kaman Bharatpur, Rajasthan.

38. Ranjeet Singh Hada S/o Manohar Singh Hada, Aged About 44 Years, R/o 128 Nainwa Road Indra Colony, Balaji Ke Samane Ward 28, Bundi, Rajasthan.

39. Meera Damor D/o Kavaji Damor W/o Kuldeep, Aged About 41 Years, R/o 433 Mohamad Mohalla, 1 Sbn, Hanumangarh Rajasthan.

40. Pooja Yadav W/o Rajendra Prasad Yadav, Aged About 35 Years, R/o Magrawali Dhani Govindgarh, Jaipur, Rajasthan.

41. Arvind Maroria Kalyan W/o Vijaypal Maroria, Aged About 43 Years, R/o Mankdo, Jhunjhunu, Rajasthan.

42. Satish Sharma S/o Babu Lal Sharma, Aged About 34 Years, R/o Rajoli, Karauli, Rajasthan.

43. Parmanand Yadav S/o Jaipal Singh Sorwa, Aged About 33 Years, R/o Nangal Khoria, Alwar, Rajasthan.

44. Rahul Sharma S/o Ram Nivas Sharma, Aged About 33 Years, R/o Kanwar, Bharatpur, Rajasthan.

45. Basti Ram Lamror S/o Malla Ram, Aged About 33 Years, R/o Bichpuri Degana, Nagaur, Rajasthan.

46. Rukman Panwar W/o Kheem Singh, Aged About 45 Years, R/o Bavadi Guanar, Kushalpura, Barar, Rajsamand, Rajasthan.

47. Sanjiv Kumar S/o Kaptan Singh, Aged About 37 Years, R/ o Post Ole, Sarupur. Mathura, U.p.

48. Hetram S/o Dharm Singh, Aged About 23 Years, R/o Shitalya Patt, Mai, Bharatpur, Rajasthan.

49. Ravindra Kumar Jatav S/o Bhogi Ram Jatav, Aged About 29 Years, R/o Garhi Khirana Dholopur, Aligarh, Rajasthan.

50. Pushpendar Singh S/o Premsukh, Aged About 29 Years, R/o Paraswara, Bharatpur, Rajasthan.

51. Ravi Singh S/o Bahadur Singh, Aged About 27 Years, R/o Harjoopura, Dholpur, Rajasthan.

52. Yogendra Kumar S/o Ramdev Singh, Aged About 34 Years, R/o Village Hadoil, Th. Roopwash 2, Mudhera, Bharatpur, Rajasthan.

53. Mukesh Kumar S/o Lajja Ram, Aged About 32 Years, R/o Khera Thakaur, Bharatpur, Rajasthan.

54. Sarubh Singhal S/o Seetaram Singhal, Aged About 33 Years, R/o Chhapeti Para Bari, Dholpur, Rajasthan.

55. Tara Chand Mahawar S/o Kanhaiya Lal Mahawar, Aged About 31 Years, R/o 244, Kumar Mohalla, Ramgarh Pachwara Dause, Rajasthan.

56. Roshan Kumar Bairwa S/o Rambilas Bairwa, Aged About 27 Years, R/o 70/163, Pratap Nagar, Sector-7, Sanganer, Jaipur , Rajasthan.

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57. Rohtash Kumar Saini S/o Man Singh Saini, Aged About 36 Years, R/o Vijay Ram Wari, Ballabhagarh, Bharatpur, Rajasthan.

58. Shivani Jain D/o Sugan Chand Jain, Aged About 39 Years, R/o Jain Mandir Ke Pas, Vardman Nagar, Hindaun, Karauli, Rajasthan.

59. Arun Kumar Gusar S/o Nand Lal Gusar, Aged About 33 Years, R/o Narayan Kunj Ward 11, Chaman Pura, Mavli, Udaipur, Rajasthan.

60. Arun Kumar Gusar S/o Nand Lal Gusar, Aged About 33 Years, R/o Narayan Kunj Ward 11, Chaman Pura, Mavli, Udaipur, Rajasthan.

61. Virendra Meena S/o Mohan Lal Bhil, Aged About 40 Years, R/o Khemli Station, Udaipur, Rajasthan.

62. Sandeep Gehlot S/o Vijay Singh Gehlot, Aged About 31 Years, R/o Narayan Colony, Naya Pura, Mandore, Jodhpur, Rajasthan.

63. Subodh Chaturvedi S/o Lokesh Chander Chaturvedi, Aged About 47 Years, R/o C-23A, Sharda Evergreen Park, 80 Feet Road, Bhilwara, Rajasthan.

64. Neelam Sharma D/o Jagdish Prasad Sharma W/o Jitendra Sharma, Aged About 34 Years, R/o Dhani Bad, Farraspura Sikrai Dausa 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, Udaipur, Rajasthan.

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

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

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

10. District Education Officer, Elementary Education Department, Rajsamand, Rajasthan.

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11. District Education Officer, Secondary Education Department, Rajsamand, Rajasthan.

12. District Education Officer, Elementary Education Department, Banswara, Rajasthan.

13. District Education Officer, Secondary Education Department, Banswara, Rajasthan

14. District Education Officer, Elementary Education Department, Dungarpur, Rajasthan.

15. District Education Officer, Secondary Education Department, Dungarpur, Rajasthan.

16. District Education Officer, Elementary Education Department, Sirohi, Rajasthan.

17. District Education Officer, Secondary Education Department, Sirohi, Rajasthan.

18. District Education Officer, Elementary Education Department, Pali, Rajasthan.

19. District Education Officer, Secondary Education Department, Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Vikram Singh Bhati

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/05/2023

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

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

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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.

8. The stay application (s) also stands disposed of accordingly".

The counsel for the petitioners submits that the present writ

petition may also be disposed of in the same terms.

In view of the submission made, the present writ petition is

also disposed of in terms of the order dated 02.02.2023 passed by

this court in the case of Chet Ram Meena (Supra).

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.