Citation : 2025 Latest Caselaw 11150 Raj
Judgement Date : 4 April, 2025
[2025:RJ-JD:17498]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7131/2025
Deepa Ram S/o Sh. Mana Ram, Aged About 38 Years, Resident
Of 18, Hanuman Nagar, Pal Balaji, Pal Road, Jodhpur, District
Jodhpur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Rural And Panchayati Raj, Government Of Rajasthan,
Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government Of
Rajasthan, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District
Bikaner, Rajasthan.
4. The Chief Executive Officer, Zila Parishad Barmer, District
Barmer (Rajasthan).
5. Chief District Education Officer, Elementary Education,
Barmer.
6. Drawing And Disbursing Officer Ratasar Chohtan, District
Barmer.
----Respondents
For Petitioner(s) : Mr. C.R. Choudhary.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
04/04/2025
1. At the very outset, learned counsel for the petitioner relies
on a judgment rendered in Omprakash & Ors. Vs. State of
Rajasthan & Ors.: SBCWP No.21214/2014, decided on
21.11.2017 by a Coordinate Bench of this Court at Jaipur and
states that instead of deciding the controversy afresh by this
Court, petitioner be permitted to file a fresh representation before
the competent authority and the competent authority be directed
[2025:RJ-JD:17498] (2 of 2) [CW-7131/2025]
to decided the same by passing appropriate order, in accordance
with law, keeping in view the aforesaid judgment.
2. Request seems to be fair.
3. Given the nature of order which is being passed, no
prejudice would be caused to the respondents and, therefore, the
requirement of issuance of notice is dispensed with as no return is
required to be filed by them.
4. In the aforesaid premise, without commenting on the merits
of the case, the writ petition is disposed of with a liberty to the
petitioner to file a fresh representation, which shall be gone into
by the competent authority and appropriate administrative order
shall be passed in accordance with law.
5. Needless to say that the competent authority shall go
through the judgment relied upon by learned counsel for the
petitioner as mentioned hereinabove and apply its independent
mind on the applicability of the same before passing any order.
6. Needful be done as expeditiously as possible.
7. It is made clear that the direction to consider the
representation shall not be construed as an expression of any
opinion, in any manner.
(ARUN MONGA),J 8-Jitender/Sumit/-
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