Asha Kumari Meena vs State Of Rajasthan (2025:Rj-Jd:6787)
2025 Latest Caselaw 6445 Raj

Rajasthan High Court - Jodhpur

Asha Kumari Meena vs State Of Rajasthan (2025:Rj-Jd:6787) on 4 February, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:6787]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3031/2025 Asha Kumari Meena D/o Tulsi Ram Meena, W/o Gaurishankar Rawat, Aged About 37 Years, R/o Village Parda Thoor, Tehsil Aaspur, District Dungarpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

3. The District Education Officer, Dungarpur, Rajasthan.

4. The Chief Executive Officer, Zila Parishad Dungarpur.

5. Peeo Government Senior Secondary School Aspur, Dist.

Dungarpur.

----Respondents

For Petitioner(s) : Mr. Tanwar Singh Rathore For Respondent(s) : Mr. Deepak Chandak and Ms. Sonal Parihar for Mr. BL Bhati, AAG

JUSTICE DINESH MEHTA Order

04/02/2025

1. Mr. Rathore, learned counsel for the petitioner submitted that

by way of order dated 17.01.2025, petitioner's services were

terminated without affording any opportunity of hearing.

2. Learned counsel argued that co-ordinate Bench of this Court

has allowed the bunch of writ petitions led by Mamta Meena vs.

State of Rajasthan & Ors. : S.B. Civil Writ Petition No.16157/2024,

which were filed by similarly situated candidates.

3. Mr. Chandak, learned counsel appearing for the State

submitted that the petitioner has been ousted in order to give way

to the candidates whose writ petitions were allowed by co-ordinate

Bench of this Court by the judgment dated 07.11.2023 passed in a

[2025:RJ-JD:6787] (2 of 2) [CW-3031/2025]

bunch of writ petitions led by Lila Kumari Meena vs. State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.15497/2023.

4. He argued that even if the order is set aside and the

respondents are directed to give opportunity of hearing, it will be

an empty formality.

5. Heard learned counsel for the parties.

6. The argument that the observance of principles of natural

justice will be an empty formality, was not advanced before the

co-ordinate Bench of this Court when the order dated 21.10.2024

was passed.

7. Since, the co-ordinate Bench of this Court has allowed

similar writ petitions vide its order dated 21.10.2024, this Court is

of the view that in order to maintain parity, the petitioner is

entitled for similar order.

8. This Court is thus, persuaded to allow the writ petition in

light of the judgment dated 21.10.2024 passed in the case of

Mamta Meena (supra).

9. Ordered accordingly. The order dated 17.01.2025

(Annexure-7) passed by the Director, Elementary Education,

Bikaner is hereby quashed and set aside qua the petitioner.

10. The respondents shall be at liberty to pass afresh order (if

deemed expedient) in accordance with law.

11. Stay application also stands disposed of, accordingly.

(DINESH MEHTA),J 246-raksha/-

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