Rajasthan High Court - Jodhpur
Director, Sanskrit Education ... vs Ekta Sharma (2025:Rj-Jd:2837-Db) on 16 January, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:2837-DB] (1 of 4) [SAW-254/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 254/2022
Director, Sanskrit Education Rajasthan, Office Address Block No.
6 Second Floor Dr. Radhakrishn Shiksha Sankul Jln Marg Jaipur
Rajasthan
----Appellant
Versus
1. Ekta Sharma D/o Subhash Chandra Sharma, Aged About
32 Years, R/o Village Bhairusar, Post Indrapura, District
Churu
2. Arun Kumar Dave S/o Shri Jagdish Chandra Dave, Aged
About 42 Years, R/o Village Anjana, Post Anjana, Tehsil
Garhi, District Banswara (Raj.) (Dob 14.02.1978).
3. Anil Kumar Bhambhu S/o Shri Sultana Ram Bhambhu,
Aged About 36 Years, R/o Ward No. 08, Dabli Bas Molvi,
Dabli Rathan, District Hanumangarh (Raj.) (Dob 13.01.
1985).
4. Richhpal Dhoon S/o Shri Sharwan Ram Dhoon, Aged
About 30 Years, R/o Vp Ren, Adarsh Bal Sen. Sec. School,
Tehsil Merta City, District Nagaur (Raj.) (Dob
23.01.1991).
5. Sunil Kumar Sharma S/o Shri Rohitash Kumar Sharma,
Aged About 38 Years, R/o Vpo Pawan Ahir, The Kotputli,
District Jaipur (Raj.) (Dob 08.10.1983).
6. Savitri Meel D/o Shri Bhagirath Singh, Aged About 35
Years, R/o Village Ghassu Ka Bas, Post Ghassu, Tehsil
Laxmangarh, District Sikar (Raj.) (Dob 04.03.1986).
7. Avinash Joshi S/o Shri Ashok Kumar Joshi, Aged About 42
Years, R/o Vpo Dosod, Tehsil Neemrana, District Alwar
(Raj.) (Dob 30.07.1979).
8. Shivraj Saini S/o Shri Ramdhan Saini, Aged About 41
Years, R/o Rajiv Gandhi Law College Ke Pass, Modi Ki
Chouki Ward No. 02, District Tonk (Raj.) (Dob
06.07.1980).
9. Sunita Rathor D/o Shri Ashok Kumar, Aged About 34
Years, R/o Kaleshwar Mandir Ke Pas Ward No. 24,
Bhawani Mandi, District Jhalawar (Raj.) (Dob 14.04.1987)
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[2025:RJ-JD:2837-DB] (2 of 4) [SAW-254/2022]
10. Jaya Vijayvargeey D/o Shri Durga Lal, Aged About 35
Years, R/o Ahuja Colony, College Road, District Tonk
(Raj.) (Dob 07.11. 1986).
11. Poonam Kumari D/o Shri Suresh Chand Soni, Aged About
40 Years, R/o E-6 Model Town, Agra Road, District Jaipur
(Raj.) (Dob 14.09.1993).
12. Archana Sharma D/o Girdhari Lal, Aged About 28 Years,
R/o Village Senwal, Post Kheda, Tehsil Deeg, District
Bharatpur (Raj.) (Dob 30.04.1993).
13. Ajay Kumar Sahu S/o Madan Lal Sahu, Aged About 31
Years, R/o Opposite Hospital, Station Road, Malakhera,
Tehsil Malakhera, District Alwar (Raj.) (Dob 15.07.1990).
14. Rakesh Sharma S/o Ayodhya Sharan Sharma, Aged About
37 Years, R/o Ward No. 17, Bagwan Colony, Near
Sanjeevani Hospital, Kotputli, District Jaipur (Raj.) (Dob
19.03.1984).
15. State Of Rajasthan, Through Principal Secretary Rural
Development And Panchayati Raj Department,
Government Of Rajasthan Secretariat, Jaipur.
16. Principal Secretary, Education Department (Elementary),
Government Of Rajasthan Secretariat, Jaipur.
----Respondents
For Appellant(s) : Mr. B.L. Bhati, AAG a/w
Mr. Deepak Chandak
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
16/01/2025
1. Mr. B.L. Bhati, Learned Additional Advocate General
appearing for the appellant State submits that the writ petition
filed by the respondents (writ petitioners) has been decided based
on the ratio laid down in Girija Shankar vs. State of Rajasthan
[2025:RJ-JD:2837-DB] (3 of 4) [SAW-254/2022]
& Ors. (S.B. Civil Writ Petition No.9246/2020), decided on
25.08.2021. He has drawn this Court's attention to the impugned
order wherein the sole reason for accepting the writ petition was
the precedent established in Mohhamad Aslam vs. State of
Rajasthan & Ors. (S.B. Civil Writ Petition No.11505/2019),
decided on 09.01.2020. He further submits that since there was
no independent adjudication of the present matter and the sole
basis of adjudication was the judgment in Mohhamad Aslam
(supra), which has subsequently been reversed by the Division
Bench of this Court in D.B. Special Appeal Writ No.349/2020
(State of Rajasthan & Ors. Vs. Mohhamad Aslam), decided
on 08.12.2021, nothing survives in the present appeal. The
operative paragraphs 8 and 9 of the order dated 08.12.2021 are
reproduced hereunder:
"8. In wake of the discussion made herein above, we
are of the view that the appellants have issued the
main select list and the reserve list strictly in
accordance with the rules of selection and that the
recruitment process does not suffer from any illegality
whatsoever. The directions given by the learned Single
Bench in the impugned orders would completely
jeopardize the process of selection and it would
virtually become impossible to apply the mandatory
reservations against the seats in the order of merit.
Needless to say that once the period of six months has
passed, the recruitment authority cannot be directed to
invite the candidates beyond the reserve list because
the selection process has to be given a finality at some
point of time. The criterion of six months has been
prescribed in the Circular dated 13.01.2016 issued by
the Department of Personnel, Government of Rajasthan
and the same is absolutely rational and cannot be
made subject matter of judicial review. The candidates,
who have not been selected, would have the
opportunity of applying in the upcoming recruitment
processes because the remaining vacant seats would
be accounted for therein.
[2025:RJ-JD:2837-DB] (4 of 4) [SAW-254/2022]
9. As an upshot of the above discussion, the impugned
orders dated 09.01.2020, 11.11.2020 and 02.07.2020,
cannot be sustained. Hence, the same are quashed and
set aside.
The special appeals are allowed in these terms."
2. This Court, upon consideration of the aforesaid submissions,
finds that the Division Bench judgment in Mohhamad Aslam
(supra) is the governing precedent, and since there was no
independent adjudication in the present matter, no fresh
application of mind is required.
3. Accordingly, the present appeal is allowed, and the impugned
order dated 18.11.2021 (Annexure-A/1) passed in S.B. Civil Writ
Petition No.14095/2021 is hereby quashed and set aside.
(MUNNURI LAXMAN),J (DR.PUSHPENDRA SINGH BHATI),J
16-devrajP/-
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