[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Jodhpur Municipal Corporation vs Smt. Ganga (2025:Rj-Jd:53068-Db) on 8 December, 2025
[2025:RJ-JD:53068-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 428/2020
Jodhpur Municipal Corporation, Jodhpur, Through Its
Commissioner.
----Appellant
Versus
1. Tulchhi Ram S/o Shri Hari Ram, Aged About 27 Years,
Resident Of Nokha Chandawata, Nagaur.
2. State Of Rajasthan, Through The Principal Secretary,
Department Of Local Self Government, Government Of
Rajasthan, Secretariat, Jaipur.
----Respondents
Connected With
D.B. Spl. Appl. Writ No. 371/2020
Jodhpur Municipal Corporation, Jodhpur, Through Its
Commissioner.
----Appellant
Versus
1. Madan Lal S/o Shri Bansi Lal, Aged About 44 Years,
Resident Of 91, Sarvodaya Nagar, Pali, Rajasthan.
2. State Of Rajsthan, Through The Secretary Department,
Local Self Government Of Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 407/2020
Jodhpur Municipal Corporation, Jodhpur Through Its
Commissioner.
----Appellant
Versus
1. Sunil S/o Shri Kishan Lal, R/o Opposite Dca Gate, Rawat
Nagar, Digadi Kallan, Jodhpur.
2. State Of Rajasthan, Through The Secretary, Department
Of Local Self Government, Government Of Rajasthan,
Secretariat, Jaipur.
----Respondents
(Uploaded on 10/12/2025 at 02:59:19 PM)
(Downloaded on 10/12/2025 at 04:47:36 PM)
[2025:RJ-JD:53068-DB] (2 of 8) [SAW-428/2020]
D.B. Spl. Appl. Writ No. 408/2020
Jodhpur Municipal Corporation, Jodhpur Through Its
Commissioner.
----Appellant
Versus
1. Sanjay S/o Shri Babu Lal, B/c Mahtar (Sc), R/o Rai-Ka-
Bagh, Harijan Basti, Jodhpur.
2. State Of Rajasthan, Through The Principal Secretary,
Department Of Local Self Government, Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 416/2020
Jodhpur Municipal Corporation, Through Its Commissioner.
----Appellant
Versus
1. Nirmala W/o Late Shri Dhanrmesh, Aged About 39 Years,
Resident Of Harijan Basti, Rai Ka Bagh, Jodhpur.
2. Madhu W/o Shri Vinod Kumar, R/o Ram Bagh Kaga,
Harijan Coloney, Mahamandir, Jodhpur.
3. Dinesh Kumar S/o Shri Ramswaroop, R/o Village
Thanwala, Tehsil Riabadi, District Nagaur.
4. Aarti W/o Shri Dinesh Kumar, R/o Village Thanwala, Tehsil
Riabadi, District Nagaur.
5. Indra W/o Shri Sagar Ram, R/o Harijano Ka Baas, Near
Tanki, Jasnagar, District Nagaur.
6. Neetu W/o Shri Rakesh, R/o Prithvipura, Rasala Road,
Jodhpur.
7. Sangeeta W/o Shri Dinesh, R/o Mahamandir, Shivpuri,
Jodhpur.
8. Meena W/o Late Shri Pradeep Kumar Teji, R/o Nawal
Nagar, Near Geeta Bhawan, Sardarpura, Jodhpur.
9. Baby W/o Shri Ganpat Java, R/o Rajeev Gandhi Colony,
Pal Road, Jodhpur.
10. Neni Bai W/o Late Shri Anand, R/o Shanti Nagar, Harijan
Basti, Masuriya, Jodhpur.
11. Rakesh S/o Shri Rameshwar Lal, Harijan Basti, Ward No.
14, Merta Road, District Nagaur.
(Uploaded on 10/12/2025 at 02:59:19 PM)
(Downloaded on 10/12/2025 at 04:47:36 PM)
[2025:RJ-JD:53068-DB] (3 of 8) [SAW-428/2020]
12. Asha W/o Shri Setharam, R/o Village Bhawad, District
Jodhpur.
13. Sharda W/o Late Shri Ramesh, R/o Behind Youth Hostel,
Ratanada, Jodhpur.
14. Shyamlal W/o Shri Banshilal, R/o Harijano Ka Baas,
Nandadi, Jodhpur.
15. Manju W/o Shri Bagadram, R/o Harisingh, Tehsil
Bhopalgarh, District Jodhpur.
16. Somati W/o Shri Madhuram, R/o Village Balesar Satta,
District Jodhpur.
17. Archana Arya W/o Shri Vikash Arya, R/o 5/185, Sanjay C
Coloney, Pratap Nagar, Jodhpur.
18. Asha W/o Late Shri Nageshwar,, R/o Behind Mahesh
Hostel, Pancholiya Nadi, Jodhpur.
19. State Of Rajasthan, Through Principal Secretary,
Department Of Local Self Government, Government Of
Rajasthan, Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 424/2020
1. Jodhpur Municipal Corporation, Jodhpur Through Its
Commissioner.
2. The Commissioner, Jodhpur Municipal Corporation,
Jodhpur.
----Appellants
Versus
1. Ashok S/o Shri Madan Lal, B/c Mehtar, R/o Narayanpura
Colony,gotan, Tehsil Merta, District Nagaur (Raj.).
2. State Of Rajasthan Through The Director Cum Joint
Secretary, Department Of Local Self, Secretariat,
Rajasthan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 438/2020
Jodhpur Municipal Corporation, Jodhpur, Though Its
Commissioner.
----Appellant
Versus
(Uploaded on 10/12/2025 at 02:59:19 PM)
(Downloaded on 10/12/2025 at 04:47:36 PM)
[2025:RJ-JD:53068-DB] (4 of 8) [SAW-428/2020]
1. Smt. Neeta W/o Om Prakash, Resident Of Chhoti Bheel
Basti, Chandpole, Jodhpur.
2. State Of Rajasthan, Through The Principal Secretary,
Department Of Local Self Government, Government Of
Rajasthan, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 442/2020
Jodhpur Municipal Corporation, Jodhpur Through Its
Commissioner.
----Appellant
Versus
1. Kalawati Kanojiya W/o Shri Rakesh Kanojiya, R/o
Panchbatti, Nehru Colony, Jodhpur.
2. State Of Rajasthan, Through The Principal Secretary,
Department Of Local Self Government.
----Respondents
D.B. Spl. Appl. Writ No. 443/2020
Jodhpur Municipal Corporation, Jodhpur, Through Its
Commissioner. (Appellant).
----Appellant
Versus
1. Smt. Ghevanri W/o Shri Jetha Ram, Resident Of
103,harijanon Ka Bas, Artiya Kalan, Jodhpur.
2. State Of Rajasthan, Through The Secretary, Department
Of Local Self Government, Government Of Rajasthan,
Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 445/2020
Jodhpur Municipal Corporation, Jodhpur Through Its
Commissioner.
----Appellant
Versus
1. Meenakshi Kanwar W/o Dalpat Singh, By Caste Ravna
Rajput, R/o Mohan Niwas, Lodhon Ka Chowk, First B
Road, Jodhpur, Rajasthan.
2. State Of Rajasthan, Through The Principal Secretary,
(Uploaded on 10/12/2025 at 02:59:19 PM)
(Downloaded on 10/12/2025 at 04:47:36 PM)
[2025:RJ-JD:53068-DB] (5 of 8) [SAW-428/2020]
Department Of Local Self Government, Government Of
Rajasthan, Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 467/2020
Jodhpur Municipal Corporation, Jodhpur, Through Its
Commissioner.
----Appellant
Versus
1. Smt. Rekha Devi W/o Kishore, By Caste Harijan (Mehtar),
R/o Rajendra Prasad Colony, Jaisalmer (Raj.).
2. State Of Rajasthan, Through The Secretary, Department
Of Local Self Government, Government Of Rajasthan,
Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 469/2020
Jodhpur Municipal Corp., Jodhpur Through Its Commissioner.
----Appellant
Versus
1. Smt. Manjusha W/o Shri Rajendra, R/o Sanjay Gandhi
Colony, Pratap Nagar, Jodhpur.
2. State Of Rajasthan, Through The Principal Secretary,
Department Of Local Self Government, Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 490/2020
Jodhpur Municipal Corporation, Jodhpur Through Its
Commissioner.
----Appellant
Versus
1. Sharda W/o Shri Manoj, By Caste Mehtar (Valmiki),
Resident Of Shiv Nagar, Bhadwasiya, Plot No. 73, Jodhpur,
Rajasthan.
2. State Of Rajasthan, Through The Secretary, Department
Of Local Self Government, Government Of Rajasthan,
Secretariat, Jaipur.
----Respondents
(Uploaded on 10/12/2025 at 02:59:19 PM)
(Downloaded on 10/12/2025 at 04:47:36 PM)
[2025:RJ-JD:53068-DB] (6 of 8) [SAW-428/2020]
D.B. Spl. Appl. Writ No. 42/2021
Jodhpur Municipal Corp. Jodhpur, Through Its Commissioner.
----Appellant
Versus
1. Leela Devi W/o Shri Laala Ram, R/o Bheelo Ka Bas,
Chamu, District Jodhpur.
2. Smt. Baby W/o Shri Badri Lal, R/o Rai Ka Bagh, Harijan
Basti, Jodhpur.
3. Smt. Dhapu Devi W/o Shri Jagdish, R/o Bheel Basti,
Sojati Gate, Jodhpur.
4. Smt. Suman W/o Shri Moolchand, R/o Rai Ka Bagh,
Harijan Basti, Jodhpur.
5. Smt. Lata W/o Shri Rakesh, R/o Harijan Basti, Nagori
Bera, Mandore, Jodhpur.
6. Smt. Anita W/o Shri Sumer, R/o Barni Khurd, Tehsil
Bhopalgarh, District Jodhpur.
7. Smt Rajbala W/o Shri Prithikrishnan, R/o Tilak Nagar,
Udai Mandir, Harijan Basti, Jodhpur.
8. Smt. Sau W/o Late Shri Bhera Ram, R/o Vyapariyo Ka
Mohalla, Rohat, District Pali.
9. Smt. Sunita W/o Shri Sunil Pandit, R/o Ramdev Ji Gali,
Umed Chowk, Jodhpur
10. State Of Rajasthan, Through The Principal Secretary,
Department Of Local Self Government, Government Of
Rajasthan, Secretariat, Jaipur.
----Respondents
D.B. Spl. Appl. Writ No. 43/2021
Jodhpur Municipal Corporation, Jodhpur Through Its
Commissioner.
----Appellant
Versus
1. Smt. Ganga W/o Shri Mukesh, Resident Of Street No. 6,
Rajeev Gandhi Colony, Chandna Bhakar, Jodhpur.
2. State Of Rajasthan, Through The Secretary, Department
Of Local Self Government, Government Of Rajasthan,
Secretariat, Jaipur.
(Uploaded on 10/12/2025 at 02:59:19 PM)
(Downloaded on 10/12/2025 at 04:47:36 PM)
[2025:RJ-JD:53068-DB] (7 of 8) [SAW-428/2020]
----Respondents
For Appellant(s) : Mr. Sunniel Purohit.
For Respondent(s) : Mr. Lokesh Mathur, Mr. S.R. Pandit,
Mr. Rishabh Tayal, Mr. Akshay Nagori,
Mr. Awardan.
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
08/12/2025
1. The issue raised in the present appeals is challenge to the
orders passed by the learned Single Judge on 08.07.2020,
19.08.2020, 26.08.2020, whereby the learned Single Judge has
set aside the termination orders of the respondents-writ
petitioners, passed by the appellants on the ground that they have
submitted false information with regard to number of their
children. It is stated that while the children born to the
respondents were more than two in number on the date of
advertisement and the rule required that one must not have more
than two children, the appointments would therefore have to be
set aside and the orders passed by the learned Single Judge,
therefore, ought to be interfered with by this Court.
2. During the course of arguments, it has been pointed out that
a Division Bench of this Court in the case of D.B. Civil Writ
Petition No.16572/2018 (Anita & Ors. Vs. State of
Rajasthan & Ors.) has set aside the rule requiring not more than
two children for appointment vide judgment and order dated 2nd
April, 2019. Once the Rule 9A of the Rajasthan Municipalities
(Safai Employees Service) Rules, 2012 has been declared ultra
(Uploaded on 10/12/2025 at 02:59:19 PM)
[2025:RJ-JD:53068-DB] (8 of 8) [SAW-428/2020]
vires, the concerned stipulation in the advertisement would also
be deemed to have been deleted. Any affidavit filed with regard
to the said stipulation, therefore, will have to be treated as having
become redundant.
3. A person, who has been appointed otherwise on merits,
would therefore not be treated to have committed misconduct for
the purpose of seeking appointment as the rule itself has been
held to be declared bad in law. Accordingly, the learned Single
Judge has proceeded to pass the orders setting aside the
termination orders.
4. We also notice that the learned Single Judge has relied on
the order passed by the Hon'ble Supreme Court in the case of
Avtar Singh Vs. Union of India & Ors. Reported in AIR 2016
SC 3598, which has also been later on reiterated in the case of
Ravindra Kumar Vs. State of U.P. reported in [(2024) 5 SCC
264].
5. Thus, any trivial information would not be a sufficient ground
for terminating the services of an employee. We also notice that
no departmental inquiry was conducted before terminating the
services of the respondents.
6. In these circumstances, we do not find any reason to
entertain these appeals and the orders passed by the learned
Single Judge are upheld.
7. The appeals are, accordingly, dismissed.
(BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACJ
154-a.asopa/-
(Uploaded on 10/12/2025 at 02:59:19 PM)
Powered by TCPDF (www.tcpdf.org)
