Citation : 2025 Latest Caselaw 11175 Raj
Judgement Date : 7 April, 2025
[2025:RJ-JD:17929]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10979/2020
1. Leela Kumari Sharma D/o Radhey Shyam Sharma W/o
Prabhat Sharma, Aged About 34 Years, R/o Vishnu Kuti,
Shanti Nagar, Shahpura, Bhilwara, 311404
2. Abhinav Mudgal S/o Prakash Mudgal, Aged About 26
Years, R/o Radha Bihari Road, Mudgal Bhawan, Dholpur
Raj 328001
3. Amit Kumar Jamini S/o Ganpat Lal Jamini, Aged About 31
Years, R/o Vpo Sankarwada, Todabhim, Karoli, 321610
4. Amrit Singh S/o Gamer Singh, Aged About 31 Years, R/o
Vpo- Nda, Devikot, Fatehgarh, Jaisalmer, 345027
5. Anita Kumari Sharma D/o Radhey Shyam Sharma W/o
Dinesh Chand Sharma, Aged About 39 Years, R/o D-
73,old Vidhyadhar Nagar, Jaipur,302039
6. Ashok Kumar S/o Hanuman Sharma, Aged About 31
Years, R/o Bijrad, Chohtan, Barmer, 344702
7. Ashok Kumar Bhatt S/o Vishnu Shankar Bhatt, Aged
About 34 Years, R/o Vpo- Bhatton Ka Bamaniya Th-
Kapasan, Chittorgarh Raj 312202
8. Bhavika Sharma D/o Rajesh Anand Sharma, Aged About
29 Years, R/o H.n.7, Block 8, Rangpur Road No. 4,
Dadwara, Ladpura, Kota Raj., 324002
9. Bhawana Pareek D/o Birj Lal W/o Rohtash Kumar, Aged
About 32 Years, R/o Village Biran Post Chhani Bari, The
Bhadra Hanumangarh Raj 335511
10. Bhawana Sharma D/o Purshottum Lal Sharma W/o
Meetha Lal Sharma, Aged About 35 Years, R/o 115,
Bamanpura, Lagar, Karauli, Rajasthan, 322236
11. Chanchal Kumar S/o Shiv Narayan, Aged About 35 Years,
R/o Hassanpur Th- Tauru, Mewat, Haryana 122105
12. Chhagan Singh S/o Uttam Singh, Aged About 31 Years,
R/o Hirpura, Uttarba, Shadad Ka Par, Tehisl Gadra Road,
Barmer, 344501
13. Deepika Sharma D/o Madhav Lal Sharma W/o Shankar
Lal Vyas, Aged About 31 Years, R/o 11/220, Charch Ke
Samne, Azad Nagar, Bhilwara Rajasthan- 31001
14. Divya Sharma D/o Harish Sharma, Aged About 23 Years,
R/o Bada Bazar,ward No 13, Atru, Baran, Rajasthan
325218
15. Gauri Shankar S/o Bhagwan Sahay Sharma, Aged About
37 Years, R/o Vpo- Kanawar, Th- Bayana, Bharatpur-
321401
16. Geetanjali Athwani D/o Thakur Das Athwani W/o Neeraj
Kumar Israney, Aged About 32 Years, R/o 72-A Income
Tax Colony, Ramnagariya Road Jagatpura, Sanganer,
Jaipur, 302017
17. Girdhar Kanwar D/o Anoop Singh Jodha W/o Gopal Singh,
Aged About 35 Years, R/o Village Moriya, Post Bithoo,
The-Rohat, Pali, Raj 306421
18. Girvar Raj Singh S/o Rajendra Singh, Aged About 28
Years, R/o Village Post Indroka ,via Tinwari, Jodhpur, Raj
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342306
19. Hanuman Prasad Sharma S/o Kajod Mal Sharma, Aged
About 36 Years, R/o Vpo Delari, Th. Baswa, Dausa, Raj
303313
20. Hari Shankar S/o Bangali Singh, Aged About 33 Years, R/
o Patoyala Bag, Gurudvara, Dhaulpur, Rajasthan, 328001
21. Hitesh Kumar Dave S/o Om Prakash, Aged About 32
Years, R/o Post Bhander, Th. Bali, Pali, Raj 306504
22. Inder Jeet Kaur D/o Purushotam Singh W/o Perminder
Singh, Aged About 40 Years, R/o Shindi Colony, Jodhpur-
342001
23. Indraj Yadav S/o Harlal, Aged About 33 Years, R/o
Hazipur, Dharsoon, Th-Narnaul, Mahendragarh, Haryana
123001
24. Kajal Mangal S/o Govind Narayan Mangal, Aged About 22
Years, R/o Chota Bazar Bonli, Th Bonli, Sawaimadhopur,
Raj 322023
25. Kalyan Singh S/o Narayan Singh, Aged About 30 Years,
R/o Dan Ji Ki Dhani, Jaisindhar Station, Barmer, Raj.,
344501
26. Kamal Kumar Goyal S/o Rajendra Prasad Goyal, Aged
About 29 Years, R/o Sherpur, Po-Khilchipur, Sawai
Madhopur, Rajasthan 322003
27. Kaushal Kishor Gauttam, Aged About 34 Years, R/o 75,
Sumer Nagar, Agarwal Farm House, Masarovar, Sfs
Mansarovar, Jaipur, 302020
28. Kaushlendra Singh S/o Yashwant Singh Rajput, Aged
About 23 Years, R/o Vill. Pipalkhera Post Gagwana, Th
Mahwa, Dausa, Raj 321608
29. Krishan Kumar Sharma S/o Persa Ram Sharma, Aged
About 31 Years, R/o Delari, Dausa, Rajasthan, 303313
30. Krishan Kumar Sharma S/o Ghashee Lal Sharma, Aged
About 28 Years, R/o Ladacharya Mohalla V/p Bansi Tehsil
Nainwa Bundi Rajasthan 323802
31. Kuldeep Sharma S/o Rajendra Kumar Sharma, Aged
About 29 Years, R/o Shivaji Nagar Salpura Road,
Chhipabarod, Baran Raj 325221
32. Kuldeep Singh S/o Om Prakash, Aged About 29 Years, R/
o Village Rupana Khurd, Darba Kalan, Sirsa, 125110,
Hariyana
33. Kum. Kavita Pooniya D/o Om Prakash W/o Vinay Kumar,
Aged About 37 Years, R/o Vpo-Dhani Dhola, Th-Loharu,
Bhiwani, Haryana 127201
34. Kusum Lata Sharma D/o Om Prakash Sharma W/o
Hemant Sharma, Aged About 34 Years, R/o 66, Brij Badi
Colony, Nangal Jaisa, Bohra, Jhotwara, Jaipur , 302012
35. Laxmi Kant Sharma S/o Ramji Lal Sharma, Aged About
33 Years, R/o Vill-Noorpur, Post Angai, Sarmathura,
Dholpur Raj 328031
36. Aashish Kumar Jain S/o Kailash Chandra, Aged About 43
Years, R/o Sarsiya (Mayla) Th-Jahazpur, Bhilwara
324008, Rajasthan
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37. Lokendra Kumar Tiwari S/o Gopinath Tiwari, Aged About
32 Years, R/o Rajpoot Colony, Barahmasi Pipal Ke
Samne, Bari Dholpur-328021
38. Lucky Kanwar S/o Madan Singh, Aged About 29 Years, R/
o Station Road, Borawar, Makrana, Nagaur, Rajasthan,
341502
39. Madan Mohan Sharma S/o Hari Babu Sharma, Aged
About 28 Years, R/o Vill Visda, Tehsil Bharatpur, Jharoli,
Bharatpur, Rajasthan 321303
40. Madhu Saini S/o Rajkumar Saini, Aged About 30 Years, R/
o School No 4 Ke Pass, Diwan Ji Ka Bag Alwar, Raj.,
301001
41. Mamta Sharma D/o Ramkishor Sharma W/o Ajay Kumar
Sharma, Aged About 32 Years, R/o 22, Ghanshyam
Colony, Tripoliya Bazar, Basbadanpura, Jaipur, Raj
302002
42. Manju Kumari S/o Dheer Singh, Aged About 21 Years, R/o
Vill-Mandholi Kalan, Th-Loharu, Bhiwani, Haryana 127043
43. Meera Bai D/o Pratap Singh Bangadhwa W/o Vinod
Kumar, Aged About 42 Years, R/o Ward No 2, Vpo-
Rajapura,the Bhadra, Hanumangarh-335501
44. Monika Bhatt D/o Hemraj Bhatt W/o Naresh Choubisa,
Aged About 29 Years, R/o Hinta, Vallabhnagar, Udaipur,
313603
45. Monika Kumari Sharma S/o Kamlesh Sharma, Aged About
32 Years, R/o Ramgarh, Murara, Post-Kherawad,
Gangapur City, Sawai Madhopur, Rajasthan, 322203
46. Neeru Vohra D/o Surendra Kumar Vohra W/o Avinash
Munjal, Aged About 41 Years, R/o 1/327 Housing Board
Jawahar Nagar, Sri Ganganagar, 335001 Rajasthan
47. Neetesh Sharma D/o Hardayal Sharma W/o Maheesh
Sharma, Aged About 30 Years, R/okhediya Road, Agrsain
Colony, Hindaun City, Karauli, Rajasthan, 322230
48. Nidhi Dave S/o Kailash Dave, Aged About 31 Years, R/o
Brampuri, Bhatiyan Ka Bass, Thakur Dwarka, Jodhpur,
Raj., 342001
49. Nimb Singh S/o Umeed Singh, Aged About 28 Years, R/o
Rajbera, Undoo, Barmer, Raj, 344701
50. Nisha Parasar D/o Ramvatar Parasar W/o Prince Pradhan,
Aged About 28 Years, R/o 42 Chitrkoot Nagar, Near
Tilawala Jagatpura, Sanaganer, Jaipur, Raj. 302017
51. Omraj Singh S/o Shaitan Singh, Aged About 30 Years, R/
o Vpo Swami Ka Gaon, Shiv, Barmer, Raj., 344705
52. Pankaj Kumar S/o Jai Prakash, Aged About 29 Years, R/o
45,n Bass Rajputana Jattan, Bhiwani Haryana, 127310
53. Parmod Kanwar D/o Ganpat Singh W/o Chakravarti
Singh, Aged About 35 Years, R/o Plot No.70,khasra No 72
Karni Nagar Kbhb Road Jodhpur, Raj, 342005
54. Pooja Mishra D/o Pramod Kumar Mishra, Aged About 32
Years, R/o Near Seeta Ram Temple Ward No 10,v/p-
Didwana,th-Lalsot, Dausa, Raj, 303511
55. Preeti Kashyap D/o Trilokinath Kashyap W/o Vishnu
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Bhagwan, Aged About 32 Years, R/o Brahmchari Gali,
Goverdhan Moad, Deeg, Bharatpur, 321203
56. Prem Kumari D/o Gotu Lal Sharma W/o Madan Lal
Sharma, Aged About 40 Years, R/o Vpo-Dowra, Th-Amet,
Rajsamand-313310
57. Prem Singh S/o Ganga Singh, Aged About 29 Years, R/o
Th-Bhopalgarh, Burchha, Bagoria, Jodhpur, 342603
58. Priyanka S/o Rajesh Sharma, Aged About 21 Years, R/o
Vpo-Bhont, Roopwas, Bharatpur, 321303, Rajasthan
59. Rahul Sharma S/o Dinesh Sharma, Aged About 21 Years,
R/o Near Jaswant School, Jaswant Nagar, Bharatpur,
321001
60. Rajendra Kumar Nayak S/o Durga Shankar Nayak, Aged
About 37 Years, R/o Ward No.10, Mangi Lal Rathore Ki
Chakki Ke Pass, Gandhi Nagar Sheopur , 476337 Mp.
61. Rajendra Sharma S/o Radhe Shyam, Aged About 32
Years, R/o Vpo- Makanpur, Th-Karauli, Rajasthan,
322255
62. Rajesh Kumar Sharma S/o Shankar Lal Sharma, Aged
About 37 Years, R/o School Ke Pass Nimera, Panwaliya
Tonk, Rajasthan, 304502
63. Rajkumar Sharma S/o Ramji Lal Sharma, Aged About 29
Years, R/o Vill-Noorpur, Post Angai, Th-Sarmathura,
Dholpur, Raj, 328031
64. Rashmi Maharshi S/o Raj Kumar Maharshi, Aged About 22
Years, R/o Vpo-Molisar Bara,via Satra, Th-Churu, Raj,
331031
65. Ravi Kumar S/o Rishi Kesh Sharma, Aged About 28 Years,
R/o Mahadpura, Rajakhera, Dholpur, Raj., 328029
66. Renu D/o Dilbag Singh W/o Vikram Singh, Aged About 31
Years, R/o Nn-102, Sector 7, Huda, Haryana, 131301
67. Sarmila D/o Pyare Lal W/o Raj Kumar, Aged About 33
Years, R/o Vill- Fatehpur, Po-Tajpur, Th-Ateli,
Mahendragarh, Haryana, 123021
68. Saurabh Singh S/o Suresh Singh, Aged About 28 Years,
R/o Vpo-Ibrahimpur, Th-Rupbas, Bharatpur, Raj, 321404
69. Savita Chauhan D/o Lt Kalyan Singh Chauhan W/o
Vijendra Singh Rajawat, Aged About 34 Years, R/o H. No.
7-N-44, Mahavir Nagar 3, Kota, Ladpura- 324005
70. Seema Sharma D/o Rameshwar Dayal Sharma, Aged
About 31 Years, R/o Sikrori, Kumher, Bharatpur, 321201
71. Seema Sharma D/o Madan Gopal Sharma W/o Vipul
Kumar Sharma, Aged About 34 Years, R/o Jhopra Ka
Naya Mandir, Village Thikarda, Th-Hindoli Bundi.
72. Seema Tiwari D/o Prem Kumar Tiwari W/o Dharam Chand
Sharma, Aged About 33 Years, R/o Near Telephone
Exchange V/p Reni Th-Rajgarh, Alwar, Rajasthan 301406
73. Shailendra Singh Parmar S/o Gajendra Singh Parmar,
Aged About 33 Years, R/o Poothpura, Baseri Dhaulpur,
Rajasthan 328022
74. Shalu Doda D/o Baldev Raj Doda, Aged About 30 Years,
R/o House No. 407, Gali No. 3, Indira Colony, Shri
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Ganganagar, Raj 305001
75. Sharmila D/o Rajender Singh, Aged About 39 Years, R/o
Vpo-Bolni, Rewari-123401
76. Shilpi Satija D/o Madan Lal Satija W/o Omprakash Kalra,
Aged About 35 Years, R/o C/o Daya Chand Ward No-
19,mohalla Kajiwara, Tehsil Tijara, Alwar, Raj, 301411
77. Sonam Jhanwar D/o Giriraj Prasad Jhanwar W/o Rakesh
Maloo, Aged About 33 Years, R/o Bada Mandir Marg
Banshi, Tehsil Badi Sardri, Chittorgarh, Raj, 312401
78. Sonu Kanwar D/o Mahendra Singh, Aged About 31 Years,
R/o Riyabari, Nagaur Raj. 341513
79. Sujata Yadav D/o Birender Singh, Aged About 29 Years,
R/o Vill-Kamalpur, Post-Bithwana, Rewari,
Haryana,123401
80. Sulochna Rani D/o Brij Lal W/o Kulwant Kumar, Aged
About 29 Years, R/o Vpo Sahuwala Ist, Sirsa, Haryana,
125677
81. Suman Devi D/o Ram Kumar W/o Charan Singh, Aged
About 30 Years, R/o Ward No.15, Phephana, Nohar,
Hanumangarh, Raj, 335523
82. Sunita Gupta D/o Prakash Chand Gupta W/o Manoj
Kumar, Aged About 44 Years, R/o Shyam Prasad Mukharji
Nagar, Bharatpur, Rajasthan 321001
83. Tejaswini Shakdweepiya D/o Manoj Kumar Sharma, Aged
About 22 Years, R/o Bsnl Office Road Amet, Rajsamand,
Raj, 313332
84. Umashankar Tyagi S/o Ram Gopal Tyagi, Aged About 36
Years, R/o Shiv Nagar Colony, Opp. Nursery Gate 3 Gate,
Dholpur, 328001 Rajasthan
85. Umesh Sharma S/o Banavari Lal Sharma, Aged About 32
Years, R/o-A Krishi Nagar, Toll Tax, Sanganer, Jaipur,
302033 Rajasthan.
86. Usha Rathore D/o Jagdish Singh Rathore W/o Bhairon
Singh, Aged About 40 Years, R/o Vpo-Sultana, Chirawa,
Jhunjhunu, Raj, 331026
87. Vinita Sharma D/o Giriraj Prasad Sharma, Aged About 21
Years, R/o Vill-Dangarwara (Mukunda Ka Bas) Post
Shrichandpura, Tehsil Rajgarh, Alwar, Raj, 301408
88. Virendra Singh Rathore S/o Om Prakash Singh Rathore,
Aged About 21 Years, R/o Vill-Gudha Jodha, Th-Riyan
Bari, Bherunda, Nagaur, 341031 Rajasthan
89. Vishnu Kumar Gupta S/o Kedar Prasad Gupta, Aged
About 39 Years, R/o Vpo Peepalwara, Th-,bonli, Sawai
Madhopur, Rajasthan 322023.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District
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Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : None present
For Respondent(s) : Mr. Pawan Bharti for
Mr. I.R. Choudhary - AAG
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
07/04/2025
1. Petition was filed some time in the year 2020. When
grievance of the petitioners was for seeking appointment on the
post of Teacher Gr.-III Level-I, against 117 vacant posts reserved
for blind category (originally meant for general category), if
otherwise they come into the merits, pursuant to the notification
dated 12.04.2018. Since then, no interim protection of any kind is
there in favour of the petitioners.
2. The facts in brief are that the respondents issued a
Notification dated 12.04.2018, inviting applications for recruitment
on the post of Teacher Gr.-III, Level-I. The petitioners, being
eligible, submitted their application form for the same in general
category.
2.1. Meanwhile, a writ petition being DBCWP No.4907/2019 was
filed at Jaipur Bench with the prayer that blind candidates should
be given a 20% relaxation/concession in qualification under the
Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995.
2.2. Pursuant to the interim order dated 15.03.2019 passed in
the said writ petition, respondents reserved 179 posts, from the
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general category, for blind candidates. On 08.07.2019, the
respondents issued a revised cut-off, mentioning that no eligible
candidates were available in the blind category. However, they
reiterated the reservation of 179 posts for the blind category per
the interim order.
2.3. Subsequently, vide judgment dated 22.07.2019 passed in
the said writ petition, the Division Bench directed the respondents
to provide a 20% concession in qualification to blind candidates in
all recruitments as per the 1995 Act including the Teacher Gr.-III
recruitment.
2.4. After passing of the said judgment, the respondents issued
an order dated 11.03.2020 appointing 62 blind candidates to the
post of Teacher Gr.-III, Level-I. Despite the appointment of 62
candidates, 117 posts out of 179 reserved posts for the blind
category remain vacant, which originally belonged to the general
category.
2.5. Since no more eligible blind candidates are available, the 117
posts remain unfilled, therefore, petitioners approached the
respondent authorities, requesting that these vacant posts be
filled with eligible general category candidates, but to no avail.
Hence, this petition.
3. When called out for hearing, none appears for the
petitioners. It seems that by sheer passage of time, the nature of
relief sought by the petitioners is rendered stale and meaningless
and/or otherwise they seem to have acquiesced to their fait
accompli. That is why perhaps, there is no representation on their
behalf.
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4. In response to the petition, reply has been filed on behalf of
the respondents and in para 1 to 3 thereof, following unequivocal
stand has been taken:-
"1. That answering respondent department has issued recruitment for the post of Teacher Grade-III Level-I on 12.04.2018 in TSP and Non-TSP area. Wherein, petitioners have applied for the post of Teacher Grade-III Level-I in Non-TSP area. It is admitted position that petitioners have filled their online application form as general category candidates (open category). Through the advertisement dated 12.04.2018, total 343 posts were advertised / recruited for blind category candidates and only 152 applications forms were received in the said category. Thereafter, 161 posts were lying vacant at that relevant point of time as no application in the blind category candidates were received by the answering respondent department. subsequent thereto, Division Bench of this Hon'ble Court has passed an order dated 22.07.2019 in the case of National Blind Federation vs. State of Raj. & Orsf. (DBCWP No.4907/2019). Wherein, Division Bench of this Hon'ble Court has directed / granted 20% relaxation in REET Examination to blind category candidates. Meaning thereby, the blind category candidates who is having more than 40% in their REET Examination would be entitled to participate in the recruitment of Teacher Grade-III Level-I of the year 2018 in accordance to the judgment pronounced by this Hon'ble Court in the case of National Blind Federation (supra). Accordingly, respondent department invited offline application forms from 28.01.2020 to 29.01.2020 from the candidates who belongs to blind category and blind category candidates have been declared entitled by Division Bench of this Hon'ble Court in case of National Blind Federation (supra) and therefore, the blind category candidates who were having more than 40% in their REET examination have been included in the select list in pursuance to aforesaid directions issued by Division Bench of this Hon'ble Court.
2. That it is admitted position that petitioners applied for the post of Teacher Grade-III Level-I in open category and claiming consideration of appointment / selection on the post of Teacher Grade-III Level-I which were / are reserved for blind category candidates. The precise relief sought by the petitioners was for consideration of their case to give appointment against the vacant seats of blindness / low vision (BL/LV). This prayer was made by the petitioners despite the admitted fact that petitioners applied in the category of general. Since, as per the Rules of 2011, interchanging is not permissible in the extent reservation policy of the State.
3. That even if posts were lying vacant in the recruitment of the year 2018 for blind category candidates then too such vacant seats are/were to be carried forward in subsequent recruitment and accordingly, respondent department has done all exercise while carrying forward the unfilled seats belongs to BL/LV category. These vacancies can be filled by interchange of category in
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eventuality it exists in the next recruitment. Thus, in no eventuality, petitioners are entitled to get any relief."
5. Apropos, petitioners have neither filed any further affidavit
nor any rejoinder and the aforesaid factual averments have
remained uncontroverted. In any case, I am inclined to agree with
the stand taken by the respondents.
6. In view of the aforesaid stand taken by the respondents, no
grounds to interfere are made out.
7. Petition is dismissed accordingly.
8. Pending applications, if any, shall stand disposed of.
(ARUN MONGA),J 122-AK Chouhan/-
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