Rajasthan High Court
Jyoti Yadav D/O Abhey Singh, W/O Late ... vs State Of Rajasthan (2024:Rj-Jp:4198) on 24 January, 2024
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2024:RJ-JP:4198]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18840/2023
Sunita Kumari D/o Jaswant Singh, W/o Late Raman Yadav, Aged
About 43 Years, R/o VPO Khalilpur, Tehsil Pataudi, District
Gurugram, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 15699/2023
Shyama Kumari Meena Daughter Of Shri Udai Lal Meena, Aged
About 29 Years, Resident Of Bhanji Ka Kheda, Post Badwas Kala,
Tehsil Arnod, District Pratapgarh (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Gramin Vikas
And Panchayatiraj Department, Government Secretariat,
Jaipur (Raj.)
2. Secretary, Rajasthan Staff Selection Board, Durgapura,
Jaipur (Raj.)
3. Director, Elementary Education, Bikaner (Raj.).
----Respondents
S.B. Civil Writ Petition No. 18330/2023
[2024:RJ-JP:4198] (2 of 14) [CW-18840/2023]
Sneha D/o Azad Singh, Aged About 33 Years, R/o VPO Dhigawa
Jattan, Tehsil Loharu, District Bhiwani, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18352/2023
Sonam Sikarwar D/o Murari Lal Sikarwar, Aged About 28 Years,
R/o New Basti Kanchi Mill, Punjab Wali Gali, Birla Nagar, District
Gwalior, State Madhya Pradesh
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
[2024:RJ-JP:4198] (3 of 14) [CW-18840/2023]
----Respondents
S.B. Civil Writ Petition No. 18355/2023
Kumari Poonam D/o Subhash Chand, Aged About 28 Years, R/o
Village Nangal Sirohi, Tehsil Mahendergarh, District
Mahendergarh, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18445/2023
Pramila D/o Pratap Singh, Aged About 30 Years, R/o VPO Kagdana,
Tehsil Nathusari Chopta, District Sirsa (Haryana).
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
[2024:RJ-JP:4198] (4 of 14) [CW-18840/2023]
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18468/2023
Sushila D/o Ruli Ram, Aged About 30 Years, R/o Village Dharnia,
Post Badopal, Tehsil And District Fatehabad, Haryana
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18471/2023
Sudesh D/o Ramniwas, Aged About 27 Years, R/o Kalirawan, Tehsil
Mandi Adampur, District Hisar, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
[2024:RJ-JP:4198] (5 of 14) [CW-18840/2023]
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18545/2023
Ruby Chaudhary D/o Udayvir Singh, Aged About 30 Years, R/o
A/25 Deeppuram Colony, Aurangabad Mathura, District Mathura,
Uttar Pradesh.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18635/2023
Jyoti Yadav D/o Abhey Singh, W/o Late Sudhir Kumar, Aged About
29 Years, R/o VPO Nimoth, District Rewari, Haryana.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
[2024:RJ-JP:4198] (6 of 14) [CW-18840/2023]
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18648/2023
Sudesh Rani D/o Harnek Singh, Aged About 36 Years, R/o VPO
Dhamtan Sahib, Tehsil Narwana, District Jind, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18651/2023
Maya D/o Ram Singh W/o Late Narendra, Aged About 38 Years,
R/o VPO Kagdana, District Sirsa, Haryana.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
[2024:RJ-JP:4198] (7 of 14) [CW-18840/2023]
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18734/2023
1. Garima D/o Bhagwat Swarup Sharma, Aged About 26
Years, R/o Brahmanpuri, Mendu, Hathras, Uttar Pradesh.
2. Sunaina Garg D/o Amar Nath Garg, Aged About 29 Years,
R/o E-1/29, Budh Vihar, Phase-I, New Delhi.
3. Poonam Mishra D/o Lalchandra Mishra, Aged About 34
Years, R/o Mohammadpur Chak, English Mahamadpur,
Nauperwa, Jaunpur, Uttar Pradesh.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 18766/2023
Kavita Kumari D/o Dhanraj W/o Late Neeraj Dalal, Aged About 36
Years, R/o H. No. 212, Near Post Office, VPO Kanjhawala, District
North West, New Delhi.
----Petitioner
Versus
[2024:RJ-JP:4198] (8 of 14) [CW-18840/2023]
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
----Respondents
S.B. Civil Writ Petition No. 18773/2023
Alpna D/o Zile Singh W/o Late Amit Kumar, Aged About 34 Years,
R/o Vpo Bugana, Tehsil Barwala, District Hisar, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19126/2023
Sonam Shukla D/o Sushil Kumar Shukla W/o Late Vivek Shukla,
Aged About 29 Years, R/o Ward No. 10, Sagmaniya Road,
Birsinghpur, Pali, District Umaria (M.P.).
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
[2024:RJ-JP:4198] (9 of 14) [CW-18840/2023]
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19159/2023
Prabha Devi D/o Basant Kumar W/o Late Devdutt, Aged About 40
Years, R/o VPO Thurana,tehsil Hansi, District Hisar, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19171/2023
Saroj Bala D/o Krishan Kumar, Aged About 34 Years, R/o VPO
Gaindawas, Tehsil Loharu, District Bhiwani, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
[2024:RJ-JP:4198] (10 of 14) [CW-18840/2023]
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19300/2023
Mamta Goyat D/o Krishan Kumar W/o Late Vikram Singh Puniya,
Aged About 34 Years, R/o H. No. 92/9, Near Leading Sr. Secondary
School, Ashok Vihar, Azad Nagar, Hisar, Haryana.
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19329/2023
Preeti Sengar D/o Dharmender Sengar, W/o Late Hemant Sengar,
Aged About 34 Years, R/o H. No. 79/1, Shiv Colony, Mahendragarh
Road, Narnaul, Haryana.
----Petitioner
Versus
[2024:RJ-JP:4198] (11 of 14) [CW-18840/2023]
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19560/2023
Sarita W/o Late Laxmi Naryan D/o Amilal, Aged About 39 Years,
R/o 232, Vikash Nagar, Kalaka Road, Rewari (Hr.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Department Of Education, Secretariat, Jaipur.
2. Rajasthan Staff Selection Board, Durgapura, Jaipur
(Rajasthan) Through Its Chairman.
----Respondents
S.B. Civil Writ Petition No. 19709/2023
Kamlesh D/o Ram Nivash, Aged About 27 Years, R/o Rupana Urf
Darban Khurd, Nathusari Chopta, Sirsa (Haryana).
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government Secretariat,
Jaipur.
2. State Of Rajasthan, Through Principal Secretary,
Department Of Personnel And Training Government
Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. Rajasthan Staff Selection Board, Through Its Secretary,
[2024:RJ-JP:4198] (12 of 14) [CW-18840/2023]
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
5. Rajasthan Staff Selection Board, Through Its Chairman,
Agriculture Management Institute Building, Durgapura,
Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini
Mr. Aamir Khan
Ms. Anita Saini
Dr. Gunjan Sharma
Mr. Giri Raj Rajoria
Mr. Gopesh Kumar
Ms. Komal Kumari Giri
Mr. Bajrang Sepat
Mr. Sudhir Yadav
For Respondent(s) : Mr. C.L. Saini, AAG
Mr. Rajendra Soni, AAG
Mr. S.M. Sharma
Mr. Nalin G Narain
Mr. Narendra Singh Choudhary
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
24/01/2024
All these petitions have been filed by the petitioners with a
prayer to consider the candidature of the petitioners against the
vacancies reserved for divorcee/widowed category for recruitment
to the post of Primary and Upper Primary School Teachers pursuant
to the advertisement dated 16.12.2022.
After issuance of notices, the Advocate General on
28.11.2023 sought time to complete the instructions as the State
Government is considering the claims of the petitioners. Today
learned Additional Advocate Generals Mr. C.L. Saini and Mr.
Rajendra Soni submitted that the Government has considered the
issue raised in these petitions and have issued a letter dated
[2024:RJ-JP:4198] (13 of 14) [CW-18840/2023]
22.01.2024 to the Secretary Rajasthan Staff Selection Board to
consider the candidature of the petitioners as a divorcee/widowed
candidate against the vacancies reserved for divorcee or widow
candidates in the Open Category. The letter dated 22.01.2024 has
been placed on record by the respondents along with the reply to
the Petition No. 1884/2023.
Counsels appearing for the petitioners after going through
the letter dated 22.01.2024, state that their grievances have been
resolved by issuing the letter dated 22.01.2024 and thus no
further cause of action survives.
In view of the submissions made by counsels appearing for
both the parties, all these present writ petitions are disposed with
the direction to the respondents to consider the candidature of the
petitioners as has been observed in the letter dated 22.01.2024.
On the request made by the Additional Advocate Generals
this Court deems proper to allow liberty to the respondents to
verify the genuineness of the certificates/decrees of
widowed/divorcee. The respondents are directed to consider the
candidature of the petitioners in the light of the letter dated
22.01.2024 and accord them appointment if they are otherwise
found eligible and meritorious, within a period of one month from
today. It is also made clear that the petitioners shall be entitled for
all consequential benefits including seniority etc. inter se the
candidates who have already been given appointment on the basis
of their own merit treating the appointments of the petitioners
from the date person less meritorious to them has been given
appointment.
[2024:RJ-JP:4198] (14 of 14) [CW-18840/2023]
However, the petitioners shall not be entitled for actual
monetary benefits for their intervening period.
Since the main petitions have been disposed of, the stay
application and other pending application(s), if any, also stand
disposed of.
Registry is directed to place a copy of this order in other
connected case files.
(GANESH RAM MEENA),J
NK Sharma/187-208
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