Ramswaroop vs State Of Rajasthan And Ors. ...
2025 Latest Caselaw 697 Raj

Rajasthan High Court - Jodhpur

Ramswaroop vs State Of Rajasthan And Ors. ... on 9 May, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:22466]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 4873/2017

Ramswaroop S/o Shri Surjaram, Resident Of Village Rotu, Tehsil
Jayal, District Nagaour, At Present Posted As Constable At Police
Station, Surpaliya, District Nagaur.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan Through The Secretary To The
         Government, Department Of Home Affairs, Secretariat,
         Jaipur.
2.       The    Additional       Director      General       Of    Police   Training,
         Rajasthan, Jaipur.
3.       The Head-Constables General Of Police, Ajmer Range,
         Ajmer.
4.       The Superintendent Of Police, Nagaur.
                                                                   ----Respondents


For Petitioner(s)            :    Mr. Vikas Bijarnia
For Respondent(s)            :    Mr. Raj Singh Bhati for
                                  Mr. Ritu Raj Singh Bhati, G.C.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/05/2025

Although, the matter is listed on the second stay application

but with the consent of the learned counsel for the parties, the

writ petition itself is taken up for final disposal at this stage.

Learned counsel for the petitioner submits that the present

writ petition has been filed with the prayer that the respondents

may be directed to allow the petitioner to undergo the Promotional

Cadre Course for the vacancies of the year 2016-17 for the post of

Head-Constable and if the petitioner is found suitable, the

promotion order may be issued in his favour. He further submits

[2025:RJ-JD:22466] (2 of 3) [CW-4873/2017]

that the Co-ordinate Bench of this Court after hearing learned

counsel for the petitioner passed an interim order on 27.04.2017

in pursuance of which, the petitioner has undergone the

Promotional Cadre Course for promotion to the post of Head-

Constable. He further submits that the petitioner has successfully

completed and cleared the Promotional Cadre Course. He further

submits that the petitioner is not being given promotion on the

post of Head-Constable in the wake of pending criminal case and

sealed cover procedure has been adopted by the respondents.

He further submits that the controversy involved in the present

case is squarely covered by a judgment rendered by the Co-

ordinate Bench of this Court in S.B. Civil Writ Petition

No.18074/2018 (Sandeep Kumar Berar Vs. State of

Rajasthan and Anr.) decided on 31.03.2022, wherein it has

been held as under:-

"For the reasons discussed above, the writ petition succeeds and is hereby allowed. The respondents are directed to open the sealed cover pertaining to the recommendation of the screening meeting qua the petitioner. If the petitioner has been recommended for promotion, he be accorded promotion which shall be subject to the outcome of the criminal proceedings pending against him. The required orders be passed within a period of one month from the date of receipt of the copy of the present order.

All the pending applications also stand disposed of."

Learned counsel for the petitioner, therefore, prays that the

present writ petition may be disposed of in terms of the judgment

rendered in the case of Sandeep Kumar Berar (supra).

[2025:RJ-JD:22466] (3 of 3) [CW-4873/2017]

Learned counsel for the respondents is not in a position to

refute the submissions made by the learned counsel for the

petitioner.

In view of the discussion made above, the present writ

petition is also allowed in terms of the judgment rendered in the

case of Sandeep Kumar Berar (supra).

(VINIT KUMAR MATHUR),J

279-Payal/-

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