Saroj Bala D/O Krishan Kumar vs The State Of Rajasthan ...
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Rajasthan High Court

Saroj Bala D/O Krishan Kumar vs The State Of Rajasthan ... on 24 January, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

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         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

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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.

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----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,

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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.

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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,

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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.

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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

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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

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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.

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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

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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,

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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

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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.

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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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