The State Of Rajasthan vs Nidhi Choudhary D/O Shri Rajendra Singh ...
2024 Latest Caselaw 1410 Raj/2

Rajasthan High Court

The State Of Rajasthan vs Nidhi Choudhary D/O Shri Rajendra Singh ... on 29 February, 2024

Bench: Manindra Mohan Shrivastava, Bhuwan Goyal

[2024:RJ-JP:10449-DB]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               D. B. Civil Special Appeal (Writ) No. 23/2024
                                           In
                 S.B. Civil Writ Petition No. 10358/2023

1.       The State of Rajasthan, through its Principal Secretary,
         Department of Panchayati Raj Department (Elementary
         Education)       Government             of        Rajasthan,    Government
         Secretariat, Jaipur (Raj.)
2.       The     Director,     Department             of    Elementary    Education,
         Rajasthan, Bikaner (Raj.)
3.       The     Director,     Department             of     Secondary    Education,
         Rajasthan, Bikaner (Raj.)
                                                      ----Appellants/Respondents

Versus

1. Nidhi Choudhary D/o Shri Rajendra Singh Bhamu, Aged About 25 Years, R/o V/p Piprali, District Sikar.

2. Bablu Mali S/o Shri Ram Lal Mali, Aged About 28 Years, R/o Village Man Singh Ji Ka Khera, Post Dantra Bandh, Tehsil Asind, Bhilwara.

3. Vikas Thory S/o Shri Banawari Lal, Aged About 25 Years, R/o V/p Karanga Chhota, Tehsil Fatehpur, Sikar.

4. Ravindra Kumar Sharma S/o Shri Antram Sharma, Aged About 23 Years, R/o Vpo Marholi, Tehsil Bari, District Dholpur.

5. Rajendra Kumar Dhakar S/o Gopal Lal Dhakar, Aged About 32 Years, R/o V/p Bijoliya Khurd, Tehsil Bijoliya, District Bhilwara.

6. Deepak Singh S/o Shri Mukat Singh, Aged About 23 Years, R/o V/p Kanjoli, Tehsil Todabhim, District Karauli.

7. Vinod Kumar Choudhary S/o Shri Chhitar Mal Choudhary, Aged About 25 Years, R/o Vpo Titrima, Tehsil Chaksu, Post Titrima, District Jaipur.

8. Chain Singh Panwar S/o Shri Bheru Singh Panwar, Aged About 27 Years, R/o V/p Barkhdwa, Tehsil Deedwana, District Nagaur.

9. Hariom Parashar S/o Shri Prem Shankar Parashar, Aged About 27 Years, R/o Mohalla Vamanpura, Bayana, Bharatpur.

[2024:RJ-JP:10449-DB] (2 of 6) [SAW-23/2024]

10. Omprakash S/o Shri Gordhan Ram Choudhary, Aged About 25 Years, R/o V/p Sarla, Tehsil Sedwa, District Barmer.

11. Anil Kumar S/o Shri Mange Ram, Aged About 32 Years, R/o Gunjasari, Tehsil Bhadra, Hanumangarh.

12. Prem Poonia D/o Shri Shyam Singh Poonia, Aged About 22 Years, R/o Village Bhagwanpura, Teshil Nawa, Nagaur.

13. Rakesh Kumar S/o Shri Bhanwar Lal Prajapat, Aged About 21 Years, R/o V/p Kumbhasar, Nokha, Bikaner.

14. Rohtash Kumar S/o Shri Jadveer Singh, Aged About 24 Years, R/o V/p Bhadira, Nadbai, Bharatpur.

15. Amit Sharma S/o Shri Daudayal Sharma, Aged About 22 Years, R/o Village Indoli, Post, Basai Nawav, Dholpur.

16. Anil Kumar Kumawat S/o Shri Samndar Lal, Aged About 27 Years, R/o V/p Sakray, Shri Madhopur, Sikar.

17. Maneesh Jangid S/o Shri Kailash Chand Jangid, Aged About 27 Years, R/o V/p Khedi Bandanwars, Ajmer.

18. Ravin S/o Shri Dharampal, Aged About 26 Years, R/o Village Suratpura, Tehsil Bhadra, District Hanumangarh.

19. Ronak Mewara S/o Shri Mukesh Mewara, Aged About 20 Years, R/o Village Nagola, Tehsil Bhinai, District Ajmer.

20. Priyanka Choudhary D/o Shri Gordhan Ram Choudhary, Aged About 28 Years, R/o Village Barmer Magra, Barmer.

21. Resham Khan S/o Shri Ramadan Khan, Aged About 25 Years, R/o Barmer, Chouhtan.

22. Pankaj Kumar S/o Shri Babulal, Aged About 23 Years, R/o Village Supawas, Tehsil Kumher, Bharatpur.

23. Jyoti Kumari D/o Shri Baljeet Singh, V/p Ujoli, Tehsil Kotkasim, Alwar.

24. Anil Kumar Saini S/o Shri Motilal Saini, Aged About 22 Years, R/o Village Bhandari, Tehsil Sikray, Dausa.

25. Sanjay Kumar Saini S/o Shri Nanag Ram Saini, Aged About 22 Years, R/o V/p Pinar Teshil Reni, Alwar.

26. Hansraj Kasana S/o Shri Kailash Chand Kasana, Aged About 28 Years, R/o Village Khichawas, Post Bane Ka Barkheda, Dausa.

27. Manoj Kumar S/o Sh. Jeewan Puri, Aged About 30 Years, R/o V/p Gusaiyon Ki Dhani, Kari, Tehsil Nawalgarh, District Jhunjhunu.

[2024:RJ-JP:10449-DB] (3 of 6) [SAW-23/2024]

28. Rohitash Gurjar S/o Shri Babu Lal Gurjar, Aged About 30 Years, R/o V/p Navrangpura, Tehsil Viratnagar, District Jaipur.

29. Surendra Singh S/o Shri Sher Singh, Aged About 28 Years, R/o Village Rajgarh, Tehsil Weir, District Bharatpur.

30. Parshuram Sharma S/o Shri Gopal Sharma, Aged About 25 Years, R/o Village Surajpura, Post Banasthali, Tehsil Newai, District Tonk.

31. Ankur Bhardwaj S/o Shri Kamlesh Kumar Sharma, Aged About 25 Years, R/o V/p Balawala, Teshil Sanganer, Jaipur.

32. Chander Kala D/o Shri Sube Singh, Aged About 28 Years, R/o Village Hameerwas Chota, Tehsil Rajgarh, District Churu.

33. Priyanka Dhankar D/o Shri Surjeet Singh, Aged About 24 Years, R/o Barkoli, Bharatpur.

34. Rahul Singh Dagur S/o Shri Jai Singh Dagur, Aged About 24 Years, R/o Hulyan Kathumar, Alwar.

35. Gudiya Sharma D/o Shri Sita Ram Sharma, Aged About 32 Years, R/o V/p Rudawal, Tehsil Rupwas, District Bharatpur Sedh Ka Madh Bayana Road Rudawal.

36. Sunita Dhayal D/o Shri Mallu Ram Dhayal, Aged About 27 Years, R/o Near B.s. Tyagi School, Tilak Nagar, Bikaner.

37. Varsha D/o Shri Raju Ram, Aged About 24 Years, R/o Raju Ram Godaro Ki Dhani Khara, Jalor.

38. Kamlesh Kumar S/o Shri Goverdhan Ram, Aged About 27 Years, R/o V/p Phulasar Chota, Tehsil Bajju, District Bikaner.

39. Priyanka Bishnoi D/o Shri Rameshwar Lal, Aged About 23 Years, R/o V/p Phulasar Chota, Tehsil Bajju, District Bikaner

40. Sanjay Sharma S/o Shri Surya Prakash Sharma, Aged About 31 Years, R/o V/p Maheshwara Khurd, Tehsil And District Dausa.

41. Om Prakash K Choudhary S/o Shri Krishan Kumar Choudhary, Aged About 29 Years, R/o Sauon Ki Dhani Lorti Hight Undkha, Barmer.

42. Santosh Choudhary D/o Shri Dama Ram Choudhary, Aged About 24 Years, R/o V/p Dheeraji Ki Dhani, Undoo, District Barmer.

[2024:RJ-JP:10449-DB] (4 of 6) [SAW-23/2024]

43. Kavita D/o Shri Radheshyam, Aged About 25 Years, R/o V/p Chanhiyawas, Banwarla, Tehsil Degana, District Nagaur.

44. Pradeep Kumar Vaishnav S/o Shri Dhanraj Vaishnav, Aged About 29 Years, R/o V/p Harigarh, Tehsil Khanpur, District Jhalawar.

45. Jitendra Kumar Sharma S/o Shri Ramgopal Sharma, Aged About 19 Years, R/o School Ke Pass, Village Dantiya, Post Garwada, District Jhalawar.

46. Jutharam S/o Sh. Sanvala Ram, Aged About 26 Years, R/o V/p Korka, Tehsil Raniwara, District Jalore.

47. Kanchan Devi Dhakar D/o Shri Radheshyam Dhakar, Aged About 29 Years, R/o V/p Bilavtiya Khera, Hingoniya, Tehsil Sarwar, District Ajmer.

48. Deeksha Salvi D/o Shri Narulal Salvi, Aged About 26 Years, R/o Behind Charbhuja Mandir, Post Kunwaria, District Rajsamand.

49. Shahin Akhatar D/o Shri Shabeer Mohammad, Aged About 25 Years, R/o V/p Sadas, Tehsil Gangrar, District Chittorgarh.

50. Hemant Kumar Jat S/o Shri Girraj Prasad Jat, Aged About 26 Years, R/o Village Sewati Kalan, Post Singor Kalan, Tehsil Khandar, District Sawai Madhopur.

51. Rajiv Kumar S/o Shri Vijender Kumar, Aged About 23 Years, R/o Vpo Rajpura, Tehsil Bhadra, District Hanumangarh.

52. Rachana Kumari Parmar D/o Shri Nawal Singh, Aged About 27 Years, R/o V And P Abdulpur, Tehsil Bari, Dholpur, Rajasthan.

53. Dhiraj Kumar Sharma S/o Shri Ashok Kumar Sharma, Aged About 29 Years, R/o V/p Barodameo, Tehsil Laxmangarh, District Alwar.

54. Pooja D/o Shri Kalu Ram, Aged About 23 Years, R/o Pachunda Kalan, Tehsil Sojat, District Pali.

55. Shilpi D/o Shri Murari Lal, Aged About 26 Years, R/o Mahadev Colony, Near Chirag Public School, Panipat, Harayana.

56. Dipendra Singh S/o Shri Pratap Singh, Aged About 24 Years, R/o V/p Pacheri Kalan, Tehsil Buhana, District

[2024:RJ-JP:10449-DB] (5 of 6) [SAW-23/2024]

Jhunjhunu.

57. Nikhat Bano D/o Shri Liyakat Hussain, Aged About 25 Years, R/o Ward No. 3, V/p Kotra, Deep Singh, Tehsil Digod, District Kota.

58. Rameshwaree S/o Shri Hanuman Ram, Aged About 22 Years, R/o Gorsiyon Ka Tala Antiya, Chohtan, Barmer.

59. Chaudhary Divya Chunaram D/o Shri Chuna Ram, Aged About 22 Years, R/o Lala Ki Beri Band, Barmer.

60. Rajendra S/o Shri Jodharam, Aged About 29 Years, R/o Godaro Ka Bass Khidrat, Jodhpur.

61. Nikhil S/o Hardev Singh, Aged About 20 Years, R/o Village Odeljat, Tehsil Rupbas, District Bharatpur.

62. Manvendra S/o Atar Singh, Aged About 21 Years, R/o Village Gazipur, Tehsil Nadbai, District Bharatpur.

63. Manisha Yadav D/o Shri Surendra Kumar, Aged About 25 Years, R/o Village Mau, Post Chandpur, Tehsil Mundawar, District Alwar.

64. Rajesh Kumar Tanwer S/o Shri Amar Chand Tanwer, Aged About 25 Years, R/o Village Balesar, Post Navrangpura, Tehsil Viratnagar, District Jaipur.

65. Ankit Jain S/o Shri Kailash Chand Jain, Aged About 27 Years, R/o Dudu Road, Shiv Colony, Brijlal Nagar, Malpura, Tonk.

66. Amit Kumar Meena S/o Shri Prem Prasad Meena, Aged About 30 Years, R/o V/p Sundargarh, P.o. Ulela, Tehsil Jahzpur, District Bhilwara.

67. Kripal Singh S/o Shri Chanan Singh, Aged About 25 Years, R/o Village Sitodai, Tehsil Fatehgarh.

68. Girdhar Singh S/o Shri Ganpat Singh, Aged About 25 Years, R/o V/p Moolana, Tehsil Fatehgarh, Jaisalmer.

Non-Appellants/Petitioners

69. The Board of Secondary Education, Rajasthan, through its Secretary, Rajeev Gandhi Vidhya Bhawan, Secondary Education Board Colony, Civil Lines, Ajmer.

70. The Rajasthan Staff Selection Board, through its Secretary, State Institute of Agriculture Management Premises, Durgapura, Rajasthan, Jaipur - 302018.

----Non-Appellants/Respondents

[2024:RJ-JP:10449-DB] (6 of 6) [SAW-23/2024]

For Appellants : Ms. Pratyushi Mehta Advocate on behalf of Mr. Bharat Vyas Additional Advocate General.

For Respondents : Mr. Akshit Gupta Advocate on behalf of Mr. Vigyan Shah Advocate.

HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BHUWAN GOYAL Judgment

29/02/2024

1. Though by impugned order, learned Single Judge has passed

an order of status quo with regard to appointment on the post of

Teacher Grade-III, Level-I pursuant to Advertisement dated

14.12.2022, challenge to the interim order in this appeal by the

State is on the ground that the learned Single Judge ought not to

have stayed the entire process of selection as no strong prima facie

case was made out in favour of the respondents-writ petitioners.

Many other grounds have also been raised in the appeal.

2. We might have gone into all the aforesaid aspects, but for the

fact that now the writ petition itself is being heard finally as the

learned counsel for the appellants has submitted that the case is

presently heard in part, therefore, in these circumstances, without

commenting any opinion on the merits of the appeal, the appeal is

disposed off.

(BHUWAN GOYAL),J (MANINDRA MOHAN SHRIVASTAVA),CJ

MANOJ NARWANI /13

Powered by TCPDF (www.tcpdf.org)