State Of Rajasthan vs Ghanshyam Singh ...
2025 Latest Caselaw 14229 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Ghanshyam Singh ... on 15 October, 2025

[2025:RJ-JD:45344-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 257/2023

1.       State Of Rajasthan, Through The Secretary, Department
         Of Education, Government Of Rajasthan, Jaipur,
         Rajasthan.
2.       The Director, Secondary                 Education,         Bikaner,    District
         Bikaner, Rajasthan.
                                                                       ----Appellants
                                       Versus
Ghanshyam Singh S/o Shri Padam Singh, Aged About 40 Years,
Nimbla House 21, Near Rajmata Krishna Kumari Girls School, Rai
Ka Bagh, Jodhpur, District Jodhpur, Rajasthan.
                                                                      ----Respondent


For Appellants               :     Mr. Sajjan Singh Rathore, AAG
For Respondent               :     Mr. Firoz Khan



HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
                HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

15/10/2025

1. Learned counsel for the appellant-State submits that the

vacancy, which had arisen, was on account of subsequent

resignation of a candidate, who had already joined the post. The

said vacancy arose after one and a half year, that is, after the

waiting list time period has expired, which is of one year. He,

therefore, submits that the law as laid down in Namonarayan

Sharma & Ors. Vs. State of Rajasthan & Ors. (D.B.S.A.W.

No.908/2017) decided on 08.01.2020 would have no

application, as the facts of the said case are different from that of

the present case.

2. We noticed that the impugned judgment passed by the

learned Single Judge only refers to the case of Namonarayan

Sharma (supra) and directs for consideration of the candidature of

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[2025:RJ-JD:45344-DB] (2 of 2) [SAW-257/2023]

writ-petitioner in accordance with the terms of Namonarayan

Sharma's case (supra).

3. Without adverting to the facts of the case, as stated before

us in appeal, new pleadings cannot be allowed to be raised in the

present appeal.

4. Granting liberty to the appellants to take up remedy of

review, we dismiss the present appeal.

5. The appeal is dismissed accordingly.

6. All pending applications also stand disposed of.

(ANUROOP SINGHI),J (SANJEEV PRAKASH SHARMA),ACJ

82-pooja/-

(Uploaded on 15/10/2025 at 05:31:36 PM)

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