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Manoj Borana vs The State Of Rajasthan
2025 Latest Caselaw 14038 Raj

Citation : 2025 Latest Caselaw 14038 Raj
Judgement Date : 9 October, 2025

Rajasthan High Court - Jodhpur

Manoj Borana vs The State Of Rajasthan on 9 October, 2025

Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:44261-DB]



      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Writ Petition No. 19335/2025

1.       Manoj Borana S/o Suresh Kumar, Aged About 27 Years,
         House No. 103, Opposite To Tehsil Office, Sanjay Nagar,
         Sumerpur District Pali, Rajasthan
2.       Uttam Singh Patel S/o Narendra Kumar Singh, Aged
         About 25 Years, 1241/2C, Shyam Chaupra, Shivaji Nagar,
         Dadiyapura, Jhansi, District Jhansi, U.p
3.       Nidhi Bansal Spouse/o Kartik Bansal, Aged About 34
         Years, House No. 107, Sector No. 3, Behind Government
         Hospital   Hanumangarh              Town,       District    Hanumangarh,
         Rajasthan.
4.       Simaran Soni D/o Sanjay Kumar Soni, Aged About 28
         Years, Sunaro Ka Bass, Nyati Nohara, District Jodhpur,
         Rajasthan. Presently Residing At House No. 13, Rajat
         Residency Opposite Shivgarh Resort Near Dali Bai Circle,
         Jodhpur, District Jodhpur, Rajasthan.
5.       Yash Mehta S/o Sunil Kumar Mehta, Aged About 26 Years,
         Near Office Of Irrigation Department, Shahpura, Bhilwara,
         Rajasthan.
                                                                      ----Petitioners
                                       Versus
1.       The State Of Rajasthan, Through Principal Secretary, Law
         Department, Rajasthan Sachivalaya, Ashok Nagar, Jaipur,
         Rajasthan- 302005.
2.       The Honble Rajasthan High Court, Through Its Registrar
         General, Rajasthan High Court, Jodhpur (Rajasthan)-
         342013.
3.       Registrar (Examination), Rajasthan High Court, Jodhpur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Chandan Singh Jodha
                                   Mr. Prashant Trivedi
                                   Mr. Tushar Panwar
For Respondent(s)            :     Mr. Pankaj Sharma assisted by
                                   Mr. Dhairyaditya Rathore




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      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

Reserved on 06.10.2025

Pronounced on 09/10/2025

Per Anuroop Singhi, J.

1. The present writ petition has been filed by the

petitioners praying for the following relief :-

"1. That the impugned notice dated 12.09.2025 (Annexure-

1) shall be quashed and set aside, or the same be modified

by providing alternative dates for the Main Examination for

the recruitment to the Cadre of Civil Judge, Rajasthan, which

are not in conflict with the already scheduled mains

examination of the Gujarat Judicial Services;"

2. A bare perusal of the relief sought reveals that the

petitioners have sought rescheduling of the Main Examination for

the recruitment to the Cadre of Civil Judge, Rajasthan to be held

at Jodhpur and Jaipur on 11.10.2025 and 12.10.2025 on the

ground that the petitioners are also appearing in the similar

examination being conducted by the Hon'ble High Court of Gujarat

which is also scheduled on the same dates. On the said basis, it

has been contended that scheduling the exams by the

respondents on the same dates as that of Gujarat Judicial Services

Main Examination, denies an equal opportunity to the petitioners

and other candidates who are similarly placed with the petitioners

and is violative of Articles 14 and 21 of the Constitution of India.

It has been further submitted that no prejudice would be caused if

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the dates are rescheduled and on the contrary, it will adversely

affect and jeopardise the carrier of the petitioners.

3. Counsel for the petitioners has placed reliance on the

judgment dated 09/05/2022 passed by the Hon'ble Supreme

Court in the case of Nisha Kumari & Ors v. Haryana Public

Service Commission & Anr. ; Writ Petition(s) (Civil) No(s).

310/2022.

4. E-converso, on behalf of the respondents, it was

submitted that the recruitment process to the Cadre of Civil

Judge, Rajasthan was initiated vide advertisement dated

27.02.2025 and the preliminary examination was conducted on

27.07.2025, result of which was declared on 19.08.2025.

Thereafter vide notice dated 12.09.2025 the schedule for the main

examination was declared which are to be conducted on

11.10.2025 and 12.10.2025.

5. Counsel for respondents further submits that the

respondents have undertaken the entire exercise for conducting

the examination and the petitioners have no vested right so as

to claim rescheduling of the examination and any deviation in the

schedule will have cascading effect not only on the holding of

examination but also on the candidates who are appearing in the

said examination.

6. Counsel for the respondents placed reliance upon the

order dated 19.07.2022 passed by the Hon'ble Supreme Court in

the case of Amit Kumar Kohli v. The Hon'ble High Court of

Rajasthan & Ors. ; Writ Petition(s) (Civill) No(s). 521/2022

wherein, considering a similar prayer the Writ Petitions were

dismissed.

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7. We have heard learned counsels for the parties and

considered and scanned the documents, records and the

judgments cited by the parties.

8. It is an undisputed fact that holding of examination and

that too mains examination for recruitment to the post of Civil

Judge, Rajasthan 2025 involves varied aspects and considerations

including availability of centres, preparation of materials etc., and

thus rescheduling the same carries cascading effects not only on

holding of examination but even upon the candidates who are

wholeheartedly looking forward for appearing in the said

examination.

9. Hon'ble Supreme Court in Amit Kumar Kohli (supra)

while considering similar situation held that filling up of judicial

vacancies is of prime importance and urgency and the petitioners

appearing in different exams will have to take a choice whether

they want to appear as otherwise it causes grave prejudice to the

examination process as a whole.

10. In the present case, merely on the ground that the

petitioners or few other similarly placed candidates have difficulty

in appearing in mains examination for the post of Cadre of Civil

Judge, Rajasthan, 2025 on the ground that the examination for

the very same post are being conducted by the Hon'ble High Court

of Gujarat on the very same day cannot be a ground so much so

to postpone/reschedule the entire examination as that will not

only derail the ongoing examination process but will certainly

cause prejudice to other candidates. Further the order passed by

the Hon'ble Supreme Court in Nisha Kumari (supra) will not render

any assistance to the petitioners as in that case there were

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repeated postponements of examination dates and thus the facts

of the said case are clearly distinguishable.

11. In view of the above, we do not find any merit in the

contentions raised by the petitioners and accordingly the present

writ petition is dismissed.

12. Stay petition and all pending applications, if any, stand

disposed of.

(ANUROOP SINGHI),J (DR. PUSHPENDRA SINGH BHATI),J

SP/-

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