Citation : 2025 Latest Caselaw 14959 Raj
Judgement Date : 6 November, 2025
[2025:RJ-JD:47671]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20318/2025
1. Ravi Kant S/o Sh. Mangala Ram, Aged About 42 Years, R/
o Vpo Lamba, Tehsil Bilara, District Jodhpur (Raj.).
2. Omprakash Choudhary S/o Sh. Ramlal, Aged About 38
Years, R/o 184, Kalathal, Malar, Jodhpur (Raj.).
3. Bhagwan Sahai Gurjar S/o Sh. Dallu Ram Gurjar, Aged
About 43 Years, R/o Village Dubbi, Tehsil Bandikui,
District Dausa (Raj.).
4. Harveer Singh Choudhary S/o Sh. Madan Lal, Aged About
40 Years, R/o Bhajeetmia, Tehsil Alwar, District Alwar
(Raj.).
5. Ram Singh S/o Sh. Ganeshi Lal, Aged About 49 Years, R/o
Shiv Colony, Transport Nagar, District Alwar (Raj.).
6. Nawab Khan S/o Sh. Nizar Khan, Aged About 43 Years, R/
o Chirkhana Ka Bas, Tehsil Chanbas Karauli, District Alwar
(Raj.).
7. Vinod Kumar Jangir S/o Sh. Kailash Chand, Aged About
42 Years, R/o Chandali, Tehsil Bansur, District Alwar
(Raj.).
8. Prem Singh Pushp S/o Sh. Arjun Singh, Aged About 45
Years, R/o Patoli, Tehsil Mahuwa, District Dausa (Raj.).
9. Hansraj Gurjar S/o Sh. Ram Karan Gurjar, Aged About 40
Years, R/o Basda, Tehsil Sikrai, District Dausa (Raj.).
10. Pukh Raj Malee S/o Sh. Pyar Singh, Aged About 42 Years,
R/o Bhukrawali, Tehsil Suroth, District Karauli (Raj.).
11. Vishambhar Nath Chaturvedi S/o Sh. Dwarika Prasad
Chaturvedi, Aged About 45 Years, R/o Raghuvanshi, Tehsil
Karauli, District Karauli (Raj.).
12. Mukesh Singh Gurjar S/o Sh. Madho Singh, Aged About
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45 Years, R/o Khedla, Tehsil Nadoti, District Karauli (Raj.).
13. Yad Ram Gurjar S/o Sh. Shri Ram Gurjar, Aged About 40
Years, R/o Dhand Ka Pura, Tehsil Nadoti, District Karauli
(Raj.).
14. Ramveer Singh Gurjar S/o Sh. Pukhraj Singh, Aged About
40 Years, R/o Nangal Durgasi, Tehsil Suroth, District
Karauli (Raj.).
15. Samay Singh S/o Sh. Brij Lal Yogi, Aged About 45 Years,
R/o Kemari, Tehsil Nadoti, District Karauli (Raj.).
16. Satyabhan Singh S/o Sh. Raghuveer Singh, Aged About
42 Years, R/o Tatwai, Tehsil Masalpur, District Karauli
(Raj.).
17. Hajari Lal Bhinda S/o Sh. Badri Narayan Bhinda, Aged
About 44 Years, R/o Jagatpura, Ward No. 2, District Jaipur
(Raj.).
18. Vinod Singh S/o Sh. Dileep Singh, Aged About 43 Years,
R/o Panchudala, Tehsil Paota, District Jaipur (Raj.).
19. Sher Singh S/o Sh. Dashrath Singh, Aged About 42 Years,
R/o Dhani Dhayma Ki, Tehsil Kotputali, District Jaipur
(Raj.).
20. Jitendra Singh Shekhawat S/o Sh. Prakash Singh
Shekhawat, Aged About 48 Years, R/o Surajpur, Tehsil
Virat Nagar, District Jaipur (Raj.).
21. Murari Lal Gurjar S/o Sh. Khyali Ram Gurjar, Aged About
41 Years, R/o Sothana, Tehsil Viratnagar, District Jaipur
(Raj.).
22. Sanosh Ram S/o Sh. Lallu Ram Meena, Aged About 43
Years, R/o Fatehpur, Tehsil Nagar, District Deeg (Raj.).
23. Laxmana Ram S/o Sh. Kalla Ram, Aged About 45 Years,
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R/o Ramderiya Tala Khadeen Ramsar, District Barmer
(Raj.).
24. Vikash Chandra S/o Sh. Mahtab, Aged About 40 Years, R/
o Hamirwas, Tehsil Rajgarh, District Churu (Raj.).
25. Indra Raj Yadav S/o Sh. Richhpal Yadav, Aged About 49
Years, R/o Jorawarnagar, Tehsil Shrimadhopur, District
Sikar (Raj.).
26. Pappu Ram S/o Sh. Narayan Ram, Aged About 46 Years,
R/o Chanwara, Tehsil Udaipurwati, District Jhunjhunu
(Raj.).
27. Chandan Singh Shekhawat S/o Sh. Madan Singh
Shekhawat, Aged About 40 Years, R/o Baragaon,
Udaipurwati, District Jhunjhunu (Raj.).
28. Subhash Chandra Ranva S/o Sh. Shis Pal Ranva, Aged
About 43 Years, R/o Beri, Tehsil And District Sikar (Raj.).
29. Sandeep Singh Rajawat S/o Sh. Gajendra Singh Rajawat,
Aged About 39 Years, R/o H. No. 10/45, Swami
Vivekanand Nagar, Sector-10, District Kota (Raj.).
30. Hemraj Jat S/o Sh. Ramlal, Aged About 48 Years, R/o
Bhagvaanpura, Tehsil Newai, District Tonk (Raj.).
31. Rajendra Prasad Choudhary S/o Sh. Prahlad Choudhary,
Aged About 41 Years, R/o Bagri, Tehsil Peeplu, District
Tonk (Raj.).
32. Vijendra Kumar S/o Sh. Daya Ram, Aged About 42 Years,
R/o Farano Ki Dani, Tehsil Newalgarh, District Jhunjhunu
(Raj.).
33. Vikram Singh S/o Sh. Ramkishan, Aged About 41 Years,
R/o Kakoda, Tehsil And District Jhunjhunu (Raj.).
34. Rajendra Kumar Gurjar S/o Sh. Bhinwa Ram Gurjar, Aged
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About 43 Years, R/o Jagannathpura, Sewapura, Jaipur,
District Jaipur (Raj.).
35. Prithvi Singh Gurjar S/o Sh. Ramnarayan Gurjar, Aged
About 42 Years, R/o Amarpura, Tehsil Kotputali, District
Jaipur (Raj.).
36. Sardar Mal Man S/o Sh. Prabhu Dayal Man, Aged About
43 Years, R/o Murlipura, Tehsil Shahpura, District Jaipur
(Raj.).
37. Dharmendra Singh Gurjar S/o Sh. Daya Singh Gurjar,
Aged About 40 Years, R/o Rendayal Gurjar, Tehsil
Wazirpur, District Sawaimadhopur (Raj.).
38. Rampratap Yadav S/o Sh. Narayan Lal Yadav, Aged About
47 Years, R/o Ahirbas, Tehsil Reni, District Alwar (Raj.).
39. Laxman Singh S/o Sh. Ranglal, Aged About 40 Years, R/o
Riwali, Tehsil Bamanbas, District Sawaimadhopur (Raj.).
40. Naveen Kumar S/o Sh. Ashok Kumar, Aged About 40
Years, R/o Majri Kalan, Tehsil Neemrana, District Kotputali
Behror Alwar (Raj.).
41. Prasant Kumar S/o Sh. Mohan Lal Sharma, Aged About 42
Years, R/o Alwar, District Alwar (Raj.).
42. Umrav Gurjar S/o Sh. Sadhuram Gurjar, Aged About 39
Years, R/o Chandel Ki Dhani, Tehsil Thanagazi, District
Alwar (Raj.).
43. Narendra Singh Shekhawat S/o Sh. Sugan Singh
Shekhawat, Aged About 40 Years, R/o Plot No. 14-B,
Pratapnagar, 200 Ft. Byepass, Harnathpura Jhotwara,
District Jaipur (Raj.).
44. Amar Singh S/o Sh. Shiv Ram, Aged About 46 Years, R/o
Dani Dhimawali, Tehsil Khetri, District Jhunjhunu (Raj.).
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45. Sunil Kumar S/o Sh. Ramniwas, Aged About 48 Years, R/o
Bass Dhakan, Tehsil And District Churu (Raj.).
46. Babu Lal S/o Sh. Hoshiyar Singh, Aged About 42 Years,
R/o Bakhtawarpura Ward No. 9, Tehsil Chirawa, District
Jhunjhunu (Raj.).
47. Shankar Lal S/o Sh. Dana Ram, Aged About 48 Years, R/o
Dhani Kankad Wali, Kalyanpura Thoi, District Sikar (Raj.).
48. Charan Singh S/o Sh. Sher Singh, Aged About 44 Years,
R/o Choradi, Tehsil Surajgarh, District Jhunjhunu (Raj.).
49. Vikram Singh S/o Sh. Ashok Kumar, Aged About 35 Years,
R/o Hasas Ki Dhani, Tehsil Surajgarh, District Jhunjhunu
(Raj.).
50. Mahaveer Prasad Gurjar S/o Sh. Lichha Ram Gurjar, Aged
About 46 Years, R/o Kala Khera, Tehsil Neem Ka Thana,
District Sikar (Raj.).
51. Narshi Ram Yadav S/o Sh. Bhagwan Sahai Yadav, Aged
About 43 Years, R/o Ward No. 5, Tehsil Shahpura, District
Jaipur (Raj.).
52. Khem Chand Yadav S/o Sh. Sunda Ram Yadav, Aged
About 41 Years, R/o Udawala, Ghasipura, District Jaipur
(Raj.).
53. Tejpal Gurjar S/o Sh. Bheru Lal Gurjar, Aged About 39
Years, R/o Shriram Nagar Ward No. 9, Kaithoon, District
Kota (Raj.).
54. Praveendra Singh S/o Sh. Ram Kumar Singh, Aged About
42 Years, R/o Ward No. 4, Tehsil Buhana, District
Jhunjhunu (Raj.).
55. Ghasi Ram Yadav S/o Sh. Shimbhu Dayal Yadav, Aged
About 43 Years, R/o Dhani Baldev Ji Wali, Tehsil
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Shrimadhopur, District Sikar (Raj.).
56. Ranjeet Khan S/o Sh. Nazir Khan, Aged About 43 Years,
R/o Shobhasar, Tehsil Sujangarh, District Churu (Raj.).
57. Jagdish Prasad Gurjar S/o Sh. Banne Singh Gurjar, Aged
About 39 Years, R/o Chirani, Tehsil Khetri, District
Jhunjhunu (Raj.).
58. Mukesh Mahala S/o Sh. Gharsi Ram, Aged About 40
Years, R/o Jakhar Colony, In Front Of Kotwali Thana,
District Sikar (Raj.).
59. Ashok Kumar Maiya S/o Sh. Tiloka Ram Maiya, Aged
About 45 Years, R/o Charanwasi, Tehsil Ratangarh,
District Churu (Raj.).
60. Pyare Lal S/o Sh. Chunni Lal, Aged About 41 Years, R/o
Sadinsar, Tehsil Fatehpur, District Sikar (Raj.).
61. Mul Singh Bhati S/o Sh. Chander Singh Bhati, Aged About
40 Years, R/o Pratap Colony, Chanderiya, Chittorgarh,
District Chittorgarh (Raj.).
----Petitioners
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Forest, Government Of Rajasthan,
Secretariat, Rajasthan Jaipur (Raj.).
2. The Head Of Forest Force, Department Of Forest,
Rajasthan Jaipur (Raj.).
3. The Principal Chief Conservator Of Forest, Rajasthan
Jaipur (Raj.).
4. The Dy. Conservator Of Forest And Dy. Regional Director
(Rtr-Ii), Karauli (Raj.).
5. The Dy. Conservator Of Forest, Dholpur (Raj.).
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6. The Dy. Conservator Of Forest (Wl), Nlcs, Dholpur (Raj.).
7. The Dy. Conservator Of Forest, Ignp Stage-Ii, Jaisalmer
(Raj.).
8. The Dy. Conservator Of Forest, Ignp Stage-Ii, Bikaner
(Raj.).
9. The Dy. Conservator Of Forest, Bundi (Raj.).
10. The Dy. Conservator Of Forest And Dy. Regional Director
Rvtr, Bundi (Raj.).
11. The Dy. Conservator Of Forest (Wl), Jodhpur (Raj.).
12. The Dy. Conservator Of Forest, Sriganganagar (Raj.).
13. The Dy. Conservator Of Forest, Sawaimadhopur (Raj.).
14. The Dy. Conservator Of Forest And Dy. Regional Director
(First), Ranthambhor, Tp, Sawaimadhopur (Raj.).
15. The Dy. Conservator Of Forest (Tp), Sariska, Alwar (Raj.).
16. The Dy. Conservator Of Forest, Baran (Raj.).
17. The Dy. Conservator Of Forest (Wl), Rajsamand (Raj.).
18. The Dy. Conservator Of Forest, Kota (Raj.).
19. The Dy. Conservator Of Forest (Wl), Mnp, Kota (Raj.).
20. The Dy. Conservator Of Forest, Dod, Suratgarh (Raj.).
21. The Dy. Conservator Of Forest, Chittorgarh (Raj.).
----Respondents
For Petitioner(s) : Mr. Pradeep Singh Khosa
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order 06/11/2025
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1. Learned counsel for the petitioners submits that the subject
matter in the present writ petition is squarely covered by the
order passed by the Co-ordinate Bench of this Court on13.11.2019
in S.B. Civil Writ Petition No. 16879/2019 titled as 'Jetha
Ram Vs. State of Rajasthan & Ors.'.
2. The relevant part of the aforesaid order dated 13.11.2019
reads as follows:
"This writ petition has been filed by petitioner seeking relief as indicated in the writ petition. It is submitted by learned counsel for the petitioner that the issue raised in the present writ petition is squarely covered by judgment of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors.: S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench and the said judgment has been followed in Krishan Lal & Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No.19179/2017, decided on 30.10.2017 at Jaipur Bench, and therefore, the petitioner is also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra).
In view of the submissions made, the writ petition filed by the petitioner is disposed of with the similar directions as given in the case of Manoj Khandelwal (supra), which read as under:- "This Court in Suman Bai and Another Vs. State and Others - 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot be come entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.
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It is further contended in the writ petition that in the matter of School Lecturers (English) in the same Department, where appointments were delayed because of the fault of the State authorities, the candidates were accorded appointment from the date the candidates stood lower in merit were appointed and they have been granted all consequential benefits of services.
The petitioners approached the respondents byway of representations for extending them same benefits of service which have been granted to the candidates who stood lower in merit than the petitioners, but till date nothing has been done. Hence, this writ petition on behalf of the petitioners for a direction to the respondents to treat their appointment from the date the candidates lower in merit, were given, with all consequential benefits of service, such as seniority, continuity of service, pay fixation, grant of annual grade increments.
Having regard to the facts of the case,writ petition is disposed of requiring the petitioners to make a representation to respondent no.2 - Director, Secondary Education, Bikaner, along with a copy of this order, who shall, after verifying the facts stated above, consider and decide the same by a speaking order within a period of three months from the date of its making,addressing the grievance of the petitioners for extending them the relief as prayed for,as the candidates, who stood lower in merit,are getting benefit of higher pay, seniority,annual grade increments and other service benefits including the selection scales. If the respondent no.2 decides to place the petitioners above in seniority than the candidates who stood lower in merit, then the petitioners would be entitled to all benefits of seniority but they would been titled only to notional benefits."
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3. In view of the above, the present writ petition is disposed
with liberty to the petitioner to file a representation to the
competent authorities of the department and the competent
authorities of the department are directed to decide the same
within a period of four weeks from the date of receipt of such
representation; and if the case of the petitioner falls within the
purview of the law laid down by this Court in the case of Jetha
Ram (supra); the same shall be decided in terms of the
judgment above
4. The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case
the averments made therein are found to be correct, the petitioner
would be entitled to the relief sought.
5. All the pending applications, if any, shall stand disposed of.
(FARJAND ALI),J 165-divya/-
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