Rajasthan High Court - Jodhpur
Smt. Suman Poonia vs State Of Rajasthan (2025:Rj-Jd:20031) on 24 April, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:20031]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18109/2024
Smt. Suman Poonia D/o Shri Madan Singh, Aged About 43 Years,
Resident Of - Village Kumas Pooniyan, Post Bharu, District
Jhunjhunu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Secretariat, Jaipur (Raj.).
2. Chief Executive Officer, Zila Parishad Banswara, District
Banswara, Rajasthan.
3. Block Development Officer, Panchayat Samiti Sajjangarh,
District Banswara, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Manish Patel.
For Respondent(s) : Mr. Kuldeep Singh Solanki for
Mr. I.R. Choudhary, AAG
HON'BLE MS. JUSTICE REKHA BORANA
Order
24/04/2025
1. Learned counsel for the petitioner submits that the
controversy in question rests covered by the judgment passed by
a Co-ordinate Bench of this Court in Hoshiyar Singh & Ors. Vs.
State of Rajasthan & Ors.; S.B. Civil Writ Petition
No.2863/2022 (decided on 23.05.2022). He submits that the
petitioner would be satisfied if the respondents are directed to
decide the representation of the petitioner in light of the aforesaid
judgment.
2. In Hoshiyar Singh's case (supra), it was observed and held
as under:
"This writ petition has been filed by the petitioners
aggrieved against the rejection of their representations by
order dated26.07.2021 & 21.12.2021 (Annex.26), which
orders were passed pursuant to the order dated
25.11.2020 in writ petition filed by the petitioners being
[2025:RJ-JD:20031] (2 of 3) [CW-18109/2024]
SBCWP No.10409/2020, decided on25.11.2020
(Annex.24).
It is submitted by learned counsel for the petitioners
that though the case of the petitioners was identical to
Satdev v. State of Rajasthan & Ors.: S.B. Civil Writ
Petition No.9899/2019, decided on 25.7.2019, the
representations of the petitioners have been rejected
inter-alia indicating that as the petitioners had not
appeared at the time of document verification in the year
2013and after the order was passed by the Court in the
year 2018,they appeared for document verification, as the
Department has not committed any mistake, the
petitioners were not entitled for notional benefits.
Learned counsel for the petitioners made submissions
with reference to order passed by Zila Parishad, Alwar
Annex.35 dated01.10.2021, wherein, similarly placed
candidate was accorded the notional benefits.
Learned counsel for the respondents was granted time
to complete his instructions with regard to the benefit
granted by order dated 01.10.2021 (Annex.35) and the
denial in case of the petitioners vide orders dated
26.07.2021 & 21.12.2021(Annex.26) by Zila Parishad,
Nagaur.
Learned counsel for the respondents made submissions
that in the case before Zila Parishad, Alwar directions
were given by the Court in Tara Ram Meghwal Vs. State
of Rajasthan & Ors.:S.B. Civil Writ Petition
No.16158/2017, decided on 17.07.2018 by the Jaipur
Bench, for document verification and that in fact at Jaipur
Bench, the Additional Advocate General has given a
general statement pertaining to the fact that all the
candidates would be permitted for document verification
pursuant to the order dated29.05.2018 pursuant thereto
even without orders of the Court, the document
verification was permitted.
Learned counsel attempted to make submissions that as
initially the petitioners had not appeared for document
verification, they are not entitled for notional benefits.
I have considered the submissions made by learned
counsel for the parties and have perused the material
available on record. The respondents themselves
permitted the candidates, who had not appeared for
document verification in the year 2013 to appear for the
document verification, thereafter granted them
appointments and similar nature matters came up before
the Court in the case of Satdev (supra) and Nand Kishore
Sharma &Ors. Vs. The State of Rajasthan & Ors.: S.B.
Civil WritNo.12109/2018, decided on 18.07.2018, the
Court ordered for consideration of their cases for grant of
notional benefits.
The respondents at certain Zila Parishad granted the
benefit and at some places refused the same for various
[2025:RJ-JD:20031] (3 of 3) [CW-18109/2024]
reasons. However, as submitted, the respondents ought
to have a consistent policy for the purpose of grant of
notional benefits and, therefore, as a similarly placed
candidate has been granted benefit by the Zila Parishad,
Alwar vide Annex.35, the refusal of the benefit to the
petitioners by Zila Parishad, Nagaur cannot be approved.
Consequently, the petition filed by the petitioners is
allowed, the orders dated 26.07.2021 & 21.12.2021
(Annex.26) are quashed and set-aside.
The respondents are directed to pass appropriate
orders, as directed by order of this Court in the petition
filed by the petitioners, on 25.11.2020.
Needful may be done by the respondents within a
period of four weeks."
3. In view of the submission made, the present writ petition is
disposed of with a direction to the competent
authority/respondents to decide the representation of the
petitioner if filed within a period of fifteen days from now. The
representation be decided within a period of six weeks thereafter
in accordance with law and keeping in view the observations made
in the case of Hoshiyar Singh (supra).
4. It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioner's grievance.
5. The order has been passed based on the submissions made
in the petition and by learned counsel for the petitioner before this
Court. The respondents would be free to examine the veracity of
the submissions made in the petition and only in case, the
averments made therein are found to be correct, appropriate
orders would be passed in favour of the petitioner.
6. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
199-KashishS/-
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