Rajasthan High Court - Jodhpur
Bhikam Chand Bishnoi vs State Of Rajasthan And Ors. ... on 26 August, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:38097]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5589/2017
Bhikam Chand Bishnoi S/o Shri Jawari Lal Bishnoi, Resident Of
Village And Post Rotu, Tehsil Jayal, District Nagaur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur.
2. The Director, Secondary Education, Bikaner.
3. The Dy. Director Secondary, Ajmer Division, Ajmer.
----Respondents
For Petitioner(s) : Mr. Sushil Solanki with
Ms. Ayushi Solanki
For Respondent(s) : Mr. N.K. Mehta, Dy.G.C. with
Mr. Bhupesh Charan
HON'BLE DR. JUSTICE NUPUR BHATI
Order
26/08/2025
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 at Jaipur in S.B. Civil Writ
Petition No.7283/2014: Manoj Khandelwal & Ors. Vs. State
of Rajasthan & Ors. (decided on 16.07.2014). 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 Manoj Khandelwal's case (supra), it was observed and
held as under:
"..... Having regard to the facts of the case, writ
petition is disposed of requiring the petitioners to
[2025:RJ-JD:38097] (2 of 3) [CW-5589/2017]
make a representation to respondent no.2-Director,
Secondary Education, Bikaner, along with a copy of
this order, who shall, after verifying the facts stated
above, consider and decide the same by a speaking
order within a period of three months from the date
of its making, addressing the grievance of the
petitioners for extending them the relief as prayed
for, as the candidates, who stood lower in merit, are
getting benefit of higher pay, seniority, annual grade
increments and other service benefits including the
selection scales. If the respondent no.2 decides to
place the petitioners above in seniority than the
candidates who stood lower in merit, then the
petitioners would be entitled to all benefits of
seniority but they would be entitled only to notional
benefits."
3. Learned counsel for the respondents does not object to the
same.
4. 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 Manoj Khandelwal (supra).
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.
5. It is made clear that aforesaid direction to decide there
presentation has been issued only with a view to ensure
expeditious redressal of petitioner's grievance. The same may not
[2025:RJ-JD:38097] (3 of 3) [CW-5589/2017]
be construed to be an order to decide the representation in a
particular manner.
6. Stay petition and pending applications, if any, stand disposed
of.
(DR. NUPUR BHATI),J
138-/Devesh/-
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