Sohan Ram vs The State Of Rajasthan ...
2025 Latest Caselaw 4991 Raj

Rajasthan High Court - Jodhpur

Sohan Ram vs The State Of Rajasthan ... on 21 January, 2025

[2025:RJ-JD:3874]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                               JODHPUR
                S.B. Civil Writ Petition No. 1137/2025
1.      Sohan Ram S/o Sh. Beenja Ram, Aged About 39 Years, R/
        o Village Post - Dedaji Ka Oran Dhandhiya, Dist. Jodhpur,
        (Raj.).
2.      Manoj Kumar Sharma S/o Sh. Phool Chand Sharma, Aged
        About 42 Years, R/o Village Post - 149, Ward No. 04,
        Shym Kund Ke Pas, Khatu Shyamji, District Sikar, (Raj.).
3.      Kheta Ram S/o Sh. Sanvata Ram, Aged About 42 Years,
        R/o Village Post - Vishnu Nagar, Siyago Ki Dhani, Tehsil
        Luni, District Jodhpur, (Raj.).
                                                      ----Petitioners
                                 Versus
1.      The State Of Rajasthan, Through The Additional Chief
        Secretary, School Education, Department And Language
        And Library Department And Panchayati Raj (Elementary
        Education) Department, Rajasthan, Jaipur.
2.      The Director, Secondary Education, Rajasthan, Bikaner.
3.      The Director, Elementary Education And Panchayati Raj
        Department, Rajasthan, Bikaner.
4.      The District Education Officer, Headquarter, Elementary
        Education, District Jodhpur, Rajasthan.
5.      The District Education Officer, Headquarter, Elementary
        Education, District Phalodi, Rajasthan.
6.      The District Education Officer, Headquarter, Secondary
        Education, District Jodhpur, Rajasthan.
7.      The District Education Officer, Headquarter, District
        Phalodi, Rajasthan.
                                                    ----Respondents


For Petitioner(s)        :     Mr. O.P. Sangwa.
For Respondent(s)        :


         HON'BLE MR. JUSTICE ARUN MONGA

Order 21/01/2025

1. At the very outset, learned counsel for the petitioners relies

on a judgment rendered in Dashrath Singh & Ors. Vs. State of

Rajasthan & Ors.: S.B. Civil Writ Petition No.13935/2023,

decided on 18.09.2023 by a Coordinate Bench of this Court, and

states that instead of deciding the controversy afresh by this

Court, petitioners be permitted to file a fresh representation

before the competent authority and the competent authority be

[2025:RJ-JD:3874] (2 of 2) [CW-1137/2025]

directed to decided the same by passing appropriate order, in

accordance with law, keeping in view the aforesaid judgment.

2. Request seems to be fair.

3. Given the nature of order which is being passed, no

prejudice would be caused to the respondents and, therefore, the

requirement of issuance of notice is dispensed with as no return is

required to be filed by them.

4. In the aforesaid premise, without commenting on the merits

of the case, the writ petition is disposed of with a liberty to the

petitioners to file a fresh representation, which shall be gone into

by the competent authority and appropriate administrative order

shall be passed in accordance with law.

5. Needless to say that the competent authority shall go

through the judgment relied upon by learned counsel for the

petitioners as mentioned hereinabove and apply its independent

mind on the applicability of the same before passing any order.

6. Needful be done as expeditiously as possible.

7. It is made clear that the direction to consider the

representation shall not be construed as an expression of any

opinion, in any manner.

(ARUN MONGA),J 23-Sumit/-

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