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Suresh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 7524 Raj

Citation : 2023 Latest Caselaw 7524 Raj
Judgement Date : 21 September, 2023

Rajasthan High Court - Jodhpur
Suresh Kumar vs State Of Rajasthan ... on 21 September, 2023
Bench: Vinit Kumar Mathur

[2023:RJ-JD:31129]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13618/2023

1. Suresh Kumar, Aged About 31 Years, Belt No.464, R/o Village B.dhani, Tehsil- Sanchore, District- Sanchore. (Raj.).

2. Mahendra Kumar S/o Shri Rakesh Kumar, Aged About 35 Years, Belt No.01, Village - Bagawas Teh. Bogoda, Dist. Sanchore. (Raj.).

3. Omprakash S/o Shri Ganga Ram, Aged About 34 Years, Belt No.68, Village Ds Dhani Hema Guda, Dist - Jalore. (Raj).

4. Prabhu Ram S/o Shri Hapu Ram Daukiya, Aged About 31 Years, Belt No. 68, Village Ds Dhani Hema Guda, Dist. Jalore (Raj.).

5. Manohar Lal S/o Shri Kishan Lal, Aged About 30 Years, Belt No.622, Village And Post- Bhalni ,tehsil - Bagoda, District Sanchore(Raj.).

6. Jayram S/o Shri Surata Ram, Aged About 30 Years, Belt No.83, Village- Pamana, Tehsil- Sanchore, Dist. Sanchore, (Raj.).

7. Bhanwar Lal S/o Shri Sada Ram, Aged About 35 Years, Belt No.84, Village And Post - Pamana, Tehsil Sanchore, Dist. Sanchore (Raj.).

8. Manga Ram S/o Shri Jeeya Ram, Aged About 32 Years, Belt No.112, Village- Naya Wada, Tahsil Bagoda, Dist. Sanchore. (Raj.).

9. Sukee Kumari S/o Shri Babu Lal, Aged About 35 Years, Belt No.124, Village Panchkua ,teh. Bhinmal, Distt. Jalore. (Raj.).

10. Mahendra S/o Shri Bhanwaru Ram, Aged About 31 Years, Belt No.132, Village-Chhilra, Post - Palri Jodha, Teh.- Mundwa, Dist- Nagaur. (Raj.).

11. Ramniwas Vishnoi S/o Shri Kishan Lal, Aged About 35 Years, Belt No.173, Village And Post Padarri Khurd, Dist.- Barmer. (Raj.).

12. Omprakash S/o Shri Varinga Ram, Aged About 31 Years, Belt No.183, Village Lacchiwad, Tehsil-Sanchore, Dist.- Jalore. (Raj.).

[2023:RJ-JD:31129] (2 of 17) [CW-13618/2023]

13. Gopal Ram S/o Shri Banshi Lal, Aged About 31 Years, Belt No.188, Vpo - Hapu Ki Dhani, Bhalni, Dist.- Jalore. (Raj.).

14. Mohan Ram S/o Shri Kishan Ram, Aged About 28 Years, Belt No.190, Village And Post - Dodu, Teshil - Jayal, Dist.nagaur. (Raj.). At Present Posted Jodhpur Rural Belt No.436.

15. Praveen Kumar S/o Shri Chhoga Ram, Aged About 36 Years, Belt No.217, Vpo Jhotra, Post Parawa, Tehsil, Chitlwana, Jalore. (Raj.).

16. Ram Lal S/o Shri Khangara Ram, Aged About 35 Years, Belt No.243, Vpo - Sankad, Tehsil-.sanchore, Dist..-Jalore. (Raj.).

17. Ladu Ram S/o Shri Taru Ram, Aged About 34 Years, Belt No. 264, Village Andpost Naya Vada, Tehsil- Bagoda, Dist.-Jalore. (Raj.).

18. Om Prakash Bishnoi S/o Shri Jeta Ram, Aged About 33 Years, Belt No.267, Village Andpost- Bhateep, Post- Pamana, Teh.-Raniwara, Dist-Sanchor. (Raj.).

19. Bhajana Ram S/o Shri Ruganatha Ram, Aged About 34 Years, Belt No.268, Village - Rajivnagar Pur, Tehsil Sanchore, District-Sanchore . (Raj.).

20. Ashok Kumar S/o Shri Gana Ram, Aged About 29 Years, Belt No.290, Village- Dhako Ki Dhani, Bhalni (Bagoda) Sanchore. (Raj.).

21. Vimla Kumari S/o Shri Bhera Ram Bishnoi, Aged About 31 Years, Belt No.304 Village - V And P Sediya, Tehsil-. Sanchore Dist- Sanchore. (Raj).

22. Nena Ram Jat S/o Shri Jeeya Ram, Aged About 30 Years, Belt No.318, Village- Janiyo Ki Dhani (Vada-Naya),teh- Bagoda, Dist-Sanchore.(Raj)

23. Dinesh Kumar S/o Shri Ganga Ram, Aged About 33 Years, Belt No.322, Village- Dungarva, Tehsil- Baogoda, Dist- Sanchore(Raj.).

24. Omkar Singh S/o Shri Kalyan Singh, Aged About 31 Years, Belt No.329, Village Andpost - Police Line Jalore, Dist. Jalore (Raj.).

25. Khuma Ram S/o Shri Pura Ram, Aged About 36 Years, Belt No.336, Village- Jato Ka Goliya Ps Jhab, Dist. Jalore. (Raj.).

[2023:RJ-JD:31129] (3 of 17) [CW-13618/2023]

26. Tapendra Singh S/o Shri Ranveer Singh, Aged About 31 Years, Belt No.339, Village -Gangarsoli, Post. Saint, Teh.kumher, Dist.-Bharatpur. (Raj.).

27. Soniya D/o Shri Hira Lal, Aged About 29 Years, Belt No.360, Village- Digav, Post Karda ,tehsil Raniwada, Distt Jalore. (Raj.).

28. Rama Kishan S/o Shri Khiyan Ram, Aged About 29 Years, Belt No.399, Village And Post - Chitalwana, Dist.-Jalore. (Raj.).

29. Mohani D/o Shri Uka Ram, Aged About 31 Years, Belt No.403, Village- Poonasa, Teh-Bhinmal, Dist- Jalore (Raj.).

30. Sharwani D/o Shri Mohan Lal, Aged About 28 Years, Belt No.408, Vpo - Ranodar Chitalwana, Dist.-Jalore. (Raj.).

31. Gammu Ram S/o Shri Mangi Lal, Aged About 37 Years, Belt No.420, Village And Post-Rangala,teh. Bagora ,dist- Jalore. (Raj.).

32. Birbal Ram S/o Shri Hardan Ram, Aged About 32 Years, Belt No.439, Vpo Punasa, Tehsil-Bhinmal, District-Jalore. (Raj.).

33. Harish Kumar S/o Shri Deva Ram, Aged About 28 Years, Belt No.453, Vpo Hathma, Teh-Ramsar, Dist-Barmer. (Raj.).

34. Suresh Kumar S/o Shri Dhola Ram, Aged About 32 Years, Belt No. 454, Village Andpost Sarnau Tah. Sanchore Dist. Sanchore (Raj.).

35. Manram Choudhary S/o Shri Kishan Lal, Aged About 34 Years, Belt No.458, Village Andpost- Balapura, Post Nagar Fort, Tehsil-. Nagar Fort Dist Tonk.(Raj.). At Present Posted Dist Bundi Belt No.1138.

36. Sharwan Kumar S/o Shri Mohan Lal, Aged About 33 Years, Belt No.463, Vpo - Sankad, Ps Sanchore, District Sanchore (Raj.).

37. Hadamana Ram S/o Shri Budha Ram, Aged About 29 Years, Belt No. 474, Village Andpost Rajiv Nagar,tehsil - Sanchore, Dist.-Sanchore (Raj.).

38. Bhajan Lal Godara S/o Shri Hari Ram Vishnoi, Aged About 31 Years, Belt No. 489, Village Andpost- Data, Post Sarnau, Tehsil- Sanchore, Distt.- Sanchore. (Raj.).

[2023:RJ-JD:31129] (4 of 17) [CW-13618/2023]

39. Vinja Ram S/o Shri Harchand Ram, Aged About 28 Years, Belt No.502, Village - Arnay, Ps Karda, Dist. Sanchore. (Raj.).

40. Ashok Kumar S/o Shri Kishan Lal, Aged About 30 Years, Belt No.510, Village- Sarwana, Tehsil-Sanchore, Dist- Sanchore (Raj.).

41. Priyanka Kumari D/o Shri Kishna Ram, Aged About 28 Years, Belt No.535, Village Dantiwas,tehsil Bhinmal, Dist - Jalore (Raj).

42. Jagdish Bhadu S/o Shri Mohan Lal, Aged About 35 Years, Belt No.553, Village And Post- Chitalwana, Dist.-Jalore (Raj.).

43. Somee D/o Shri Jeta Ram, Aged About 35 Years, Belt No.557, Village- Bhateep, Post-Pamana, Teh.-Raniwara, Dist-Sanchore (Raj.).

44. Naresh Kumar S/o Shri Vinod Kumar, Aged About 34 Years, Belt No.572, Village And Post - Revda Kala Andgana ,teh-Ahore, Dist- Jalore (Raj.).

45. Kapil S/o Shri Mahendra Singh, Aged About 32 Years, Belt No.578, Village- Bharounda Khurd, Tehsil And Dist. - Jhunjhunu. (Raj.).

46. Bharunraj Singh Shekhawat S/o Shri Gajraj Singh Shekhwat, Aged About 28 Years, Belt No.614, Village Udaipurwati, Teh.udaipurwati, Dist. Jhunjhunu (Raj.).

47. Bhajan Lal S/o Shri Hapu Ram, Aged About 34 Years, Belt No.617, Village-Dhani Hema Guda, Dist- Sanchore. (Raj.).

48. Dharmendra Kumar S/o Shri Madha Ram, Aged About 34 Years, Belt No.618, Village And Post - Dungri,teh Chitlwana, District Sanchor. (Raj.).

49. Naresh S/o Shri Jagdish, Aged About 31 Years, Belt No.620, Village Ds Dhani Teh. Chitalwana, Dist.-Jalore. (Raj.).

50. Puni D/o Shri Jaykishan, Aged About 32 Years, Belt No.638, Vpo - Sahuo, Dahukiyo Ki Dhani And Hemaguda Tehsil And Dist.-Sanchore. (Raj.).

51. Sharwan Kumar S/o Shri Babu Lal Bishnoi, Aged About 31 Years, Belt No.640, Village And Post - Bhateep, Th- Raniwara, Dist- Sanchore.(Raj.).

[2023:RJ-JD:31129] (5 of 17) [CW-13618/2023]

52. Ashok Kumar S/o Shri Rugnatha Ram, Aged About 30 Years, Belt No.645, Vpo Dadusan, Post- Bawarla Teh- Sanchore, Sanchore (Raj.).

53. Devendra Singh S/o Shri Chhiddu Singh, Aged About 35 Years, Belt No.646, Vpo - Rithouti Teh Kumher Dist. Bharatpur. (Raj.). At Present Posted Alwar Belt No.681.

54. Hanuman Ram S/o Shri Dana Ram, Aged About 30 Years, Belt No. 685, Village Andpost Khara Mahechan Sindhari, Dist.-Balotra (Raj.).

55. Rakesh Kumar S/o Shri Ladu Ram, Aged About 29 Years, Belt No.687, Village And Post- Sankad, Teh - Sanchore, Dist-Jalore (Raj.).

56. Narpat Singh S/o Shri Lakha Ram Choudhary, Aged About 29 Years, Belt No.692, Village - Pur Teh -Sanchore ,dist Jalore (Raj.).

57. Gograj Kherva S/o Shri Kalu Ram, Aged About 34 Years, Belt No.719, Village- Khatwari Khurd, Post-Sinodiya, Thasil- Phulera, Dist- Jaipur (Raj.).

58. Kishan Lal S/o Shri Kana Ram, Aged About 31 Years, Belt No.722 Village - V And P Bapu Nagar Colony, Jalore Dist- Jalore. (Raj).

59. Prabhu Ram S/o Shri Isara Ram, Aged About 35 Years, Belt No.730, Village- Vodha ,post Arnay, Teh. Sanchore, Dist -Jalore (Raj).

60. Anil Kumar S/o Shri Mohan Lal, Aged About 30 Years, Belt No.749, Village- Arnay, Tehsil-. Sanchore. Dist.jalore(Raj.).

61. Hadmana Ram S/o Shri Raju Ram, Aged About 31 Years, Belt No.763, Village Andpost - Bhalni Tehsil- Bagoda, Dist. Jalore (Raj.).

62. Hari Ram S/o Shri Kama Ram Jat, Aged About 31 Years, Belt No.766, Village- Jato Ka Goliya, Post -Jhab, Tehsil- Chitalwana, Dist-Jalore (Raj.).

63. Kamlesh Kumar Vishnoi S/o Shri Asu Ram Vishnoi, Aged About 32 Years, Belt No.771, Village - Arnay, Tehsil- Sanchore, Dist.-Sanchore (Raj.).

64. Ghama Ram S/o Shri Sukh Ram, Aged About 29 Years, Belt No.783, Village- Medha, Post Janvi, Ps Chitalwana, Dist Sanchore (Raj.).

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65. Sanvala Ram Jat S/o Shri Poonama Ram, Aged About 33 Years, Belt No.785, Village And Post - Bara Bhadvi, Tehsil-. Bagoda Dist. Jalore (Raj.).

66. Suresh Kumar S/o Shri Bhera Ram Bishnoi, Aged About 32 Years, Belt No.786, Village- Sediya Tehsil-. Sanchore ,dist - Sanchore (Raj.).

67. Lokesh Singh Nirwan S/o Shri Karan Singh Nirwan, Aged About 31 Years, Belt No.790, Vpo - Tihara, Teh- Khetri, Dist - Neem Ka Thana. (Raj.). At Present Posted Jaipur Rural Belt No.1944.

68. Narpat Ram S/o Shri Prahalad Ram, Aged About 30 Years, Belt No.793, Village And Post - Sanawara Khurd Tehsil . Gudamalani District- Barmer (Raj.).

69. Ashok Jani S/o Shri Jagdish Jani, Aged About 30 Years, Belt No.878, Vpo Bhinmal, Tehsil--Bhinmal, District Jalore (Raj.).

70. Kasam Khan S/o Shri Rahman Khan, Aged About 35 Years, Belt No.889, Vpo Khejarla Ki Dhani, Madalpura, Bhagli Sindhlan, Dist.-Jalore. (Raj.).

71. Deepa Ram S/o Shri Lakha Ram, Aged About 34 Years, Belt No. 908, Village Andpost Karola, Teh- Sanchore, Dist- Jalore (Raj.).

72. Bhagirath Ram S/o Shri Rughnath Ram, Aged About 31 Years, Belt No.928, Village Andpost- Vishnoi Ki Dhani Dholeriya Sasan, Post Mandawas, Dist. Pali. (Raj.).

73. Anup Kumar S/o Shri Pramod Kumar, Aged About 29 Years, Beil No.942, Vpo - Budania Ka Bass, Post Ramrakh Ki Dhani, Teh Surajgarh, Dist Jhunjhunu.(Raj.). At Present Posted Dist. Jhunjhunu Belt No. Fc. 1443.

74. Mamta D/o Shri Ratana Ram, Aged About 34 Years, Belt No.945, R/o Village Sanked, District- Jalore. (Raj.).

75. Mayanga Ram S/o Shri Rajoo Ram, Aged About 34 Years, Belt No. 959, Village And Post Hariyali, Teh-Sanchore, Dist.-Sanchore. (Raj.).

76. Raju Ram S/o Shri Thakara Ram, Aged About 38 Years, Belt No. 966, Village And Post- Jogau Post Thobau, Tehsil- Bhinmal, Distt.- Jalore. (Raj.).

77. Buhda Ram S/o Shri Mala Ram, Aged About 36 Years, Belt No.972, Village - Sangadawa, Dist. Jalore. (Raj.).

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78. Dwarka Prasad Gurjar S/o Shri Sunda Ram Gurjar, Aged About 32 Years, Belt No.993, Village- Dhani Mindala, Vpo Chhapoli, Teh Udaipurwati, Dist. Jhunjhunu. (Raj.).

79. Niranjan Singh S/o Shri Mahaveer Singh, Aged About 32 Years, Belt No.994, Village Durana, Via- Nua, Teh- And Dist.-Jhunjhunu. (Raj).

80. Sukhdev S/o Shri Chhoga Ram, Aged About 32 Years, Belt No.995, Village And Post- Dangariya, Tehsil Gudamalani, District Barmer(Raj.).

81. Bhajan Lal S/o Shri Bhagirath Ram, Aged About 31 Years, Belt No.996, Village- Bhalni Th.-Bagora, Dist.-Sanchore, (Raj.).

82. Dinesh Sahoo S/o Shri Jagdish Bishnoi, Aged About 29 Years, Belt No.997, Village And Post - Ds Dhani Teh. Chitalwana, Dist. Jalore.(Raj.).

83. Papu Ram S/o Shri Bhagirath Ram, Aged About 29 Years, Belt No.998, Village- Bijrol Kheda. Teh-Sanchore, Dist- Jalore. (Raj.).

84. Om Prakash S/o Shri Hari Ram, Aged About 34 Years, Belt No.999, Village Kukavas, Tehsil Bagora, Dist Sanchore. (Raj.).

85. Suresh Kumar S/o Shri Raghunatha Ram, Aged About 31 Years, Belt No.1000, Village- Pur,tehsil-Sanchore, District- Jalore (Raj.).

86. Ganpat Lal S/o Shri Gordhan Ram, Aged About 34 Years, Belt No.1001, Village And Post - Bool, Tehsil Dhorimna, Dist.-Barmer. (Raj.).

87. Gopal Ram S/o Shri Mangi Lal, Aged About 30 Years, Belt No.1002,village Kathoti, Tehsil-Jayal,dist.-Nagour(Raj.). (Raj.).

88. Shankar Lal S/o Shri Poonma Ram, Aged About 34 Years, Belt No.1003, Vpo - Jogau, Thobau, Dist.-Jalore (Raj.). (Raj.).

89. Surendra Kasaniya S/o Shri Ram Chandra Kasaniya, Aged About 29 Years, Belt No.1004, Village And Post - Chundasariya, Tehsil- Ladnun, Dist Didwana Kuchaman. (Raj.).

90. Lala Ram Godara S/o Shri Prahalad Ram Godara, Aged About 28 Years, Belt No.1005, Vpo Sanawara Khurd

[2023:RJ-JD:31129] (8 of 17) [CW-13618/2023]

Tehsil. Gudamalani District- Barmer. (Raj.).

91. Aasu Singh S/o Shri Bhim Singh, Aged About 33 Years, Belt No.1006, Vpo - Aambla Ki Seri, Ahore Teh-Ahore, Dist-.jalore. (Raj.).

92. Asu Ram S/o Shri Mala Ram, Aged About 31 Years, Belt No. 1008, Village And Post Ranodar Tehsil-. Chitalwana, Dist.-Jalore. (Raj.).

93. Bhajan Lal S/o Shri Asu Ram, Aged About 31 Years, Belt No.1009, Village And Post- Sewara, Teh-Raniwara, Dist- Jalore.(Raj.).

94. Kamla Bai D/o Shri Kishna Ram, Aged About 30 Years, Belt No.1010, Village - Parawa, Teh.- Chitalwana, Dist. - Sanchore (Raj.).

95. Manohar Lal S/o Shri Rugnath Ram, Aged About 39 Years, Belt No.1011, Village- Poonasa, Teh- Bheenmal , Dist Jalore. (Raj.).

96. Ram Kishor S/o Shri Hari Kishan, Aged About 38 Years, Belt No.1012 Village - V And P Naradhana, Post Didiya Kalla, T. Jayal, Dist. Nagaur. (Raj).

97. Budha Ram S/o Shri Amba Ram, Aged About 36 Years, Belt No.1013, Village- Pamana, Tehsil And Dist-Sanchore (Raj)

98. Sujana Ram S/o Shri Raju Ram, Aged About 39 Years, Belt No.1014, Village- Poonasa, Teh- Bheenmal , Dist Jalore(Raj.).

99. Poonma Ram S/o Shri Mangla Ram, Aged About 38 Years, Belt No.1015, Village And Post - Dhamana Ka Goliya Tehsil- Sanchore, Dist. Jalore (Raj.).

100. Ramswroop Geela S/o Shri Bhera Ram, Aged About 33 Years, Belt No.1016, Village- Mokhatra, Tahsil, Raniwara, Dist.sanchore (Raj.).

101. Ashok Kumar S/o Shri Babu Lal, Aged About 38 Years, Belt No.1017, Village - Sediya, P- Gundau, Teh-Sanchore, Dist- Sanchore (Raj.).

102. Ramesh Kumar S/o Shri Chunni Lal, Aged About 38 Years, Belt No.1018, Village- Hanumanpura (Dawal) Teh- Chitalvana, Distt Jalore. (Raj.).

103. Kesa Ram S/o Shri Pancha Ram, Aged About 35 Years,

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Belt No.1019, Village And Post - Poonasa ,teh-Bhinmal, Dist- Jalore. (Raj.).

104. Dinesh Kumar S/o Shri Budha Ram, Aged About 33 Years, Belt No.1020,village- Mirpura, Tel-Sanchore, District Sanchore (Raj.).

105. Premlata D/o Shri Bhagirath Ram, Aged About 30 Years, Belt No.1021, Vpo - Siwada, Teh -Chitlwana,district Sanchor. (Raj.). At Present Posted Dist.-Sirohi Belt No.07.

106. Narsi Ram S/o Shri Bhinya Ram, Aged About 29 Years, Belt No.1022, Village And Post - Rid, Teh. - Parbatsar, P.s.-Pilwa, Dist- Nagaur. (Raj.).

107. Ram Pratap Vishnoi S/o Shri Bhakhara Ram, Aged About 30 Years, Belt No.1024, Vpo Gundau, Tehsil-. Sanchore, Dist. Sanchore. (Raj.).

108. Joga Ram S/o Shri Shera Ram, Aged About 31 Years, Belt No.1027, Vpo Khariya Khurd, Tahsil-Nokhra , District- Barmer (Raj.).

109. Sangita Kumari D/o Shri Babu Lal, Aged About 32 Years, Belt No. 1028, Village And Post Bhateep, Tehsil-- Raniwara, Dist. Sanchore (Raj.).

110. Bajrang Lal Siyag S/o Shri Ramniwas Ram, Aged About 35 Years, Belt No.1030, Village And Post- Surpaliya, P.s.- Surpaliya, Teh. - Jayal, Dist Nagaur. (Raj.).

111. Madan Lal S/o Shri Mana Ram, Aged About 29 Years, Belt No.1031, Vpo - Dahipur, Teh- Raniwara, Dist- Jalore (Raj.).

112. Suresh Kumar S/o Shri Mangi Lal, Aged About 32 Years, Belt No.1032, R And O Village Rangala, Tehsil- Bagoda, Dist. Jalore. (Raj.).

113. Asha Ram Gurjar S/o Shri Ramjilal Gurjar, Aged About 31 Years, Belt No. 1034, Village And Post Dabkan, Post Tehla, Tehsil, Rajgarh, District, Alwar. (Raj.).

114. Ratana Ram S/o Shri Devaramji, Aged About 32 Years, Belt No.1035, Village And Post- Kawatra, Tehsil, Bagoda, Distt.- Sanchore. (Raj.).

115. Lokesh Kumar S/o Shri Shambhu Lal, Aged About 33 Years, Belt No.1039, Village - Gendoli Khurd. Tehsil-.k.patan. Dist. Bundi. (Raj.). At Present Posted Kota Belt No.1278.

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116. Sukh Ram Gujar S/o Shri Hanuman Ram Sahai Gurjar, Aged About 33 Years, Belt No.1040, Village- Mankot, Teh.- Thanagazi, Dist. - Alwar. (Raj.).

117. Samta Kumari D/o Shri Bhakhara Ram, Aged About 28 Years, Belt No.1041, Village Chimdawas, P Duthwa, Teh - Chitlwana, District- Sanchor. (Raj).

118. Rukmani D/o Shri Bhagwan Ram, Aged About 36 Years, Belt No.1042, Village And Post- Vishnu Nagar, Bada Bhadvi, Ps Bagoda, Dist. Sanchore (Raj.).

119. Kallu Bai D/o Shri Kishna Ram, Aged About 35 Years, Belt No.1045, Village- Karawadi, Dist.- Jalore (Raj.).

120. Dinesh Kumar S/o Shri Prema Ram, Aged About 34 Years, Belt No.1046, Village And Post - Palri Devdan, Post - Sarnau, Dist - Sanchore (Raj.).

121. Vimla Bissu D/o Shri Devi Lal, Aged About 37 Years, Belt No.1047, Village- Hemasar East Teh.sujangarh Ps.sujangarh Dis. Churu (Raj.).

122. Sushila D/o Shri Ishara Ram, Aged About 32 Years, Belt No.1048, Village Purana Madpura Kawas Police Station Nagana, Barmer (Raj.).

123. Indu D/o Shri Chhoga Ram, Aged About 30 Years, Belt No.1050, Village- Hariyali, T.ehsil-Sanchore, Dist-Jalore (Raj.).

124. Leela Bai D/o Shri Kama Ram, Aged About 28 Years, Belt No.1052, Village And Post - Jato Ka Goliya, Post-Jhab, Teh.- Chitalvana Dist.-Jalore (Raj.).

125. Sohani Kumari S/o Shri Chhoga Ram, Aged About 32 Years, Belt No.1053, Village Hariyali, Tehsil- Sanchore, Dist.-Jalore (Raj.).

126. Bablu Ram Meena S/o Shri Leela Ram Meena, Aged About 36 Years, Belt No.1055, Vpo - Ratanpura, Post- Neemla, Teh.-Rajgarh, Dist. Alwar,(Raj.).

127. Ramesh Kumar Raiger S/o Shri Modu Ram, Aged About 36 Years, Belt No.1056, Village And Post - Ajeetpura, Teh.bhadra, Dist. Hanumangarh (Raj.).

128. Sumitra Bishnoi D/o Shri Mohan Lal, Aged About 34 Years, Belt No.1057, Vpo Daval- Tehsil- Chitslvana, Dist - Sanchore, (Raj.).

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129. Pawani Bishnoi S/o Shri Fuaram, Aged About 31 Years, Belt No.1061, Vpo - Pamana, Ps Jhab, Dist- Sanchore (Raj.).

130. Rameshwar Prasad Meena S/o Shri Ramkishor Meena, Aged About 35 Years, Belt No. 1062 Village And Post Rajgarh Post Rashidpur, Teh.-Mahwa, Ps. Mandavar, Dist.- Dausa(Raj.).

131. Jeet Singh S/o Shri Heera Lal, Aged About 30 Years, Belt No.1063, Village And Post- Naya Gaon Mafi, Post-Halena, Tehsil - Weir, District-Bharatpur(Raj.).

132. Karan Meena S/o Shri Girdhari Lal Meena, Aged About 29 Years, Belt No.1064, Village - Indra Colony Ajitgarh, Teh. Shrimadhopr, District - Sikar (Raj.).

133. Ganesh Kumar S/o Shri Gordharn Ram, Aged About 31 Years, Belt No.1067, Village- Mewnagar, Mahabar, Barmer (Raj.).

134. Bhanwar Lal S/o Shri Vagta Ram, Aged About 34 Years, Belt No.1068 Village - V And P Bamnera, Teh-Sumerpur, District Pali. (Raj).

135. Ranchhod Ram S/o Shri Mangi Lal, Aged About 32 Years, Belt No.1069, Village- Vodha ,post 45 Pravesh Dwar Khundawas, Tahsil Rohat ,district Pali (Raj)

136. Ramesh Kumar S/o Shri Barmal Ram, Aged About 32 Years, Belt No.1070, Village- Balewa, Teh. Gadra Road, Dist. Barmer(Raj.).

137. Samandar S/o Shri Jagamala Ram, Aged About 33 Years, Belt No.1072, Village And Post - 295 Lakhaniyo Ki Dhani, Sediya, Dist.-Jalore (Raj.).

138. Chhote Lal Meena S/o Shri Giriraj Prasad Meena, Aged About 31 Years, Belt No.1073, Village- Sunari, Post Shera, Teh - Laxmangarh, Dist.- Alwar(Raj.).

139. Ravi Kumar Meena S/o Shri Buddh Singh Meena, Aged About 29 Years, Belt No.1074, Village - Naswara Post Halena, Tehsil-.wair, District Bharatpur(Raj.).

140. Lunga Vishnoi S/o Shri Asu Ram, Aged About 33 Years, Belt No.1075, Village- Balwana Post Arnay Teh.sanchore, Dist Sanchore(Raj.).

141. Jodhar Ram S/o Shri Chuna Ram, Aged About 35 Years, Belt No.1077, Village And Post - Hariyali, Post - Bedana

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Kala, Tehsil - Ahore ,district - Jalore(Raj.).

142. Ramkishore Meena S/o Shri Kailash Narayan Meena, Aged About 33 Years, Belt No.1078, Village- Gunavata Teh. Amer, District - Jaipur(Raj.).

143. Poonni Kumari D/o Shri Ratana Ram, Aged About 29 Years, Belt No.1079, Vpo - Bhateep, Tehsil- Raniwara, Dist- Sanchore (Raj.).

144. Taga Ram S/o Shri Ganga Ram, Aged About 29 Years, Belt No.1080, Village And Post - Rohicha Kallan Tehsil Luni District Jodhpur (Raj.).

145. Dinesh Meena S/o Shri Suresh Kumar, Aged About 34 Years, Belt No.1082, Vpo Baya, Teh-Dantaramgarh, Dist.- Sikar(Raj.).

146. Indra D/o Shri Bhera Ram, Aged About 30 Years, Belt No.1083, Vpo Isrol, Ps -Chitalwna, Dist- Sanchore(Raj.).

147. Sunita D/o Shri Virdha Ram, Aged About 32 Years, Belt No. 1084, Village And Post Dhamana Ka Goliya, Teh- Sanchore, Dist- Jalore (Raj.).

148. Sangita Kumari D/o Shri Kishan Ram, Aged About 31 Years, Belt No.1085, Village And Post- Siwada, Teh.chitalvana, Dist- Jalore (Raj.).

149. Jitendra Kumar S/o Shri Sardara Ram, Aged About 30 Years, Beil No.1086, Vpo - Dantiwas, Teh. Bhinmal, Dist Jalore (Raj.).

150. Mohani Kumari D/o Shri Chhannu Ram, Aged About 34 Years, Belt No.1087, R And O Village Jogau, Post Thobhau, District- Jalore(Raj.).

151. Ravindra Kumar Gurda S/o Shri Lal Chand, Aged About 34 Years, Belt No. 1088, Village And Post Jaitsisar, Th-Sardar Shahar, Dist- Churu(Raj.).

152. Krishna Kumari D/o Shri Bhagvana Ram, Aged About 33 Years, Belt No.1089, Village And Post- Naya Vada Bhadvi, Tehsil-Bagoda, Dist -Jalore(Raj.).

153. Kishan Lal Meena S/o Shri Badri Prasad, Aged About 36 Years, Belt No.1092, Village And Post - Meetarwari, Post Delari, Tehsil Baswa, Dist.- Dausa (Raj.).

154. Mahendra Kumar Bairwa S/o Shri Jayram, Aged About 34 Years, Belt No.1094, Vpo Nithari Teh- Malakhera District -

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Alwar, (Raj.). At Present Posted Jaipur Rural Belt No - 2019.

155. Bharat Kumar S/o Shri Narna Ram, Aged About 30 Years, Belt No.1095, Vpo - Pamana, Ps Jhab, Dist- Sanchore(Raj.).

156. Brahama S/o Shri Rupa Ram, Aged About 32 Years, Belt No. 1096 Village And Post Poonasa, Ps Bhinmal, Dist Jalore (Raj.).

157. Lakha Ram S/o Shri Dala Ram, Aged About 34 Years, Belt No.1098, Village And Post- Data, Post Sarnau ,tahsil Sanchore, District Jalore (Raj.).

158. Mahendra Kumar S/o Shri Rajpal Jatav, Aged About 31 Years, Belt No.1099, Village - Khorpura Kusany, Post Raipur, Tahsil- Wazirpur, District Gangapur City(Raj.).

159. Ramesh Kumar Garg S/o Shri Okharam Garg, Aged About 33 Years, Belt No.1101, Village- Karola, Teh Sanchore, Dist Sanchore (Raj.).

160. Govind Kumar S/o Shri Juja Ram, Aged About 29 Years, Belt No.1103 Village - V And P Narnawas,teh.-Jalore, Disrict Jalore. (Raj).

161. Prem Chand Goyal S/o Shri Babu Lal Goyal, Aged About 37 Years, Belt No.1105, Village- Dodawadiya. Th. Raniwara, District -Sanchore (Raj).

162. Rajesh Meena S/o Shri Pappu Ram Meena, Aged About 29 Years, Belt No.1106, Village- Paniyala, Post -Paniyala, Jaipur(Raj.).

163. Jitendra Kumar S/o Shri Desha Ram, Aged About 37 Years, Belt No.1107, Village And Post - Deldari, Police Station Bagra, Dist. Jalore (Raj.).

164. Napa Ram S/o Shri Khasa Ram, Aged About 31 Years, Belt No.1108, Village- Akawa Post-Taliyana Tahsil-Sayla District-Jalore (Raj.).

165. Vijendra Kamar Meena S/o Shri Shriman Meena, Aged About 29 Years, Belt No.1109, Village - Pahari, Teh. - Todabhim, Dist.- Karouli(Raj.).

166. Nahar Singh Meena S/o Shri Babu Lal Meena, Aged About 30 Years, Belt No.1110, Village- Azizpur, Teh. - Todabhim, Dist.- Karouli(Raj.).

[2023:RJ-JD:31129] (14 of 17) [CW-13618/2023]

167. Bhera Ram S/o Shri Chhaga Ram, Aged About 30 Years, Belt No.1111, Village And Post - Santhru, Post-Karwara, Tehsil-Raniwara, District-Jalore(Raj.).

168. Joga Ram S/o Shri Kana Ram, Aged About 33 Years, Belt No.1112, Village- Mahilawas, Teh.- Siwana, Dist.- Barmer(Raj.).

169. Mukesh Kumar Meena S/o Shri Hukam Meena, Aged About 32 Years, Belt No.1113, Vpo - Tikar Tehsil.- Jahazpur, District- Bhilwara (Raj.). At Present Posted Bundi Belt No.888.

170. Sunil Meena S/o Shri Ram Singh Meena, Aged About 33 Years, Belt No.1114, Village And Post - Shuklawas,tehsil.- Kotputli, Dist.-Kotputli(Raj.).

171. Dinesh Kumar S/o Shri Paka Ram, Aged About 34 Years, Belt No.1115, Vpo Balwada, Teh. And Dist.- Jalore(Raj.).

172. Laxmi Narayan Meena S/o Shri Bhagirath Prasad, Aged About 34 Years, Belt No.1116, Vpo Natata.dhani, Bagada Ki.vaya Amber, Distt. Jaipur(Raj.).

173. Anil Kumar Meena S/o Shri Kalyan Singh Meena, Aged About 32 Years, Belt No. 1117, Village And Post Banawar, Tehsil - Mahwua, District - Dausa (Raj.).

174. Harsan Kumar S/o Shri Saka Ram, Aged About 32 Years, Belt No.1118, Village And Post- Valera, Post Chourau, Teh.-Sayala Dist.-Jalore (Raj.).

175. Bhagirath Ram S/o Shri Dharma Ram, Aged About 37 Years, Beil No.1119, Vpo - Jakhal, Tehsil And Dist. Sanchore(Raj.).

176. Krishna Kumari Meena D/o Shri Mohar Singh, Aged About 34 Years, Belt No.1120, R And O Village Moondphori, Post- Norangwada, Tehsil- Mahwa, District- Dausa (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.).

2. The Principal Secretary, Department Of Finance (Rules), Government Of Rajasthan, Government Secretariat, Jaipur(Raj.).

3. Director General Of Police, Police Head Quarter, Lal Kothi,

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Jaipur (Raj.).

4. Superintendent Of Police, Jalorei, District - Jalore(Raj.).

                                                                  ----Respondents


For Petitioner(s)           :    Mr. O. P. Sangwa



HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/09/2023

It is submitted by learned counsel for the petitioners that for

the same recruitment, similarly situated petitioners had

approached Jaipur Bench of this Court in Om Prakash & Ors. v.

State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017,

which writ petition has been decided on 21.11.2017 granting relief

to the petitioners in light of judgment in the case of Hemlata

Shrimali & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ

Petition No.3247/2015, decided on 1.4.2015 and relying upon the

adjudication in the case of Suman Bai & Anr. v. State of Rajasthan

& Ors. : 2009 (1) WLC (Raj.) 381 and, therefore, the present writ

petition may also be decided in light of judgment in the case of

Om Prakash (supra).

In the case of Om Prakash (supra), the Bench at Jaipur after

noticing orders in the case of Hemlata Shrimali (supra) and

Suman Bai (supra) observed as under:-

"Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015:

Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the

[2023:RJ-JD:31129] (16 of 17) [CW-13618/2023]

case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:

"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification application of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.

6. I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of 7 the candidates in the merit list based on common selection. Even otherwise, no such intention of the Court is discernible from reading of that judgment. Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would

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obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.

7. In the result, this writ petition is allowed and the respondents are directed to treat the petitioners senior to respondents No.4 to 8 as per their placement in the merit list."

Learned counsel for the petitioner further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above.

Ordered accordingly."

In view of the submissions made, the present writ petition

filed by the petitioners is also disposed of in light of order passed

in the case of Om Prakash (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.

(VINIT KUMAR MATHUR),J 339-Shahenshah/-

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