Satyaveer Singh vs The State Of Rajasthan ...
2023 Latest Caselaw 7803 Raj

[2023:RJ-JD:32215]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14801/2019

1. Satyaveer Singh S/o Sh. Amar Singh, Aged About 36 Years, R/o Village Birmi Khalsa, Tehsil Rajgarh, District Churu, Rajasthan

2. Ummed Singh S/o Sh. Sumer Singh,, Aged About 33 Years, R/o Rajputon Ka Bas, Paldi Ranawatan, Tehsil- Bhopalgar, District Jodhpur, Rajasthan.

3. Chimna Ram S/o Sh. Mana Ram Ji,, Aged About 32 Years, Village Bhimrlai Station, Tehsil Pachpadra, District Barmer, Rajasthan.

----Petitioners Versus

1. The State Of Rajasthan, Through Its Secretary, Department Of Secondary Education, Government Of Rajasthan, Jaipur (Raj.)

2. Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

3. Director, Secondary Education, Bikaner, Rajasthan.

4. Secretary, Rajasthan Public Service Commission Board, Ajmer (Raj)

5. Secretary, Department Of Soldier Welfare, Government Of Rajasthan (Raj.)

----Respondents

For Petitioner(s) : Mr. Gajendra Singh Rathore For Respondent(s) : -

JUSTICE DINESH MEHTA Order 03/10/2023

1. The issue involved in the present writ petition has been

decided against the petitioner by the judgment dated 27.01.2021,

passed by the Jaipur Bench of this Court in the case of Vikram

Singh Shekhawat & Ors. Vs. State of Rajasthan & Ors. : S.B. Civil

Writ Petition No.16836/2019.

[2023:RJ-JD:32215] (2 of 2) [CW-14801/2019]

2. Para 30 of the judgment aforesaid, which is relevant for the

present case is being reproduced hereunder:-

"Thus, in the opinion of this Court, as the result was declared of the said examination only on 23 rd September, 2019 and the circulars were issued prior to that i.e. on 16th August, 2016 & 22 nd August, 2019, no substantive right or vested right can be said to have been taken away of the petitioners who participated in the selection process as ex-servicemen and the circular can be said to be having retrospective effect. It is also noticed that the other candidates who applied under the ex-servicemen quota and had already been working with the State Services, have also been treated by the RPSC as ex-servicemen. Thus, there is no conflict between the view taken by the State Government as well as that of the RPSC. Merely because more competition has arisen, it would not mean that more meritorious candidates who are continued to remain as ex- servicemen should be deprived of their rightful placement."

3. Following the judgment rendered by the Jaipur Bench in the

case of Vikram Singh Shekhawat (supra), the present writ petition

is also dismissed.

4. Stay petition also stands dismissed accordingly.

(DINESH MEHTA),J 61-Ramesh/-

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