[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Nortaram Latar (2026:Rj-Jd:7009-Db) on 9 February, 2026

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2026:RJ-JD:7009-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 634/2025

1.       State Of Rajasthan, Through The Principal Secretary,
         Department        Of      Women          And       Child        Development,
         Government Of Rajasthan, Jaipur.
2.       The Director, Directorate, Integrated Child Development
         Services, 2, Jalpath, Gandhi Nagar, Jaipur.
3.       The Deputy Director (Administration), Integrated Child
         Development Service, Rajasthan, Jaipur.
4.       The Deputy Director, Women And Child Development
         Department, Banswara.
5.       The Child Development Project Officer, Women And Child
         Development         Department,            Chhoti         Sarwan,     District
         Banswara.
                                                                         ----Appellants
                                      Versus
1.       Rajkumar S/o Shri Yadram, R/o Village/post Mundiya,
         Tehsil Todabhim, District Karauli.
2.       The   Rajasthan        Subordinate          And      Ministerial     Services
         Selection     Board,         State        Institute        Of      Agriculture
         Management Premises, Durgapura, Jaipur Through Its
         Secretary.
                                                                    ----Respondents
                                Connected With
                   D.B. Spl. Appl. Writ No. 635/2025
1.       State Of Rajasthan, Through The Principal Secretary,
         Department        Of      Women          And       Child        Development,
         Government Of Rajasthan, Jaipur.
2.       The Director, Directorate, Integrated Child Development
         Services, 2, Jalpath, Gandhi Nagar, Jaipur.
3.       The Deputy Director (Administration), Integrated Child
         Development Services, Rajasthan, Jaipur.
4.       The Deputy Director, Women And Child Development
         Department, Sirohi.
5.       The Child Development Project Officer, Women And Child
         Development Department, Abu Road, District Sirohi.
                                                                         ----Appellants


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                                      Versus
Manoj Kumar Sharma S/o Shri Om Prakash Sharma, Near Girls
School, Ramgarh Road, Mukam Post Deedwana, Tehsil Lalsot,
District Dausa.
                                                                     ----Respondent
                   D.B. Spl. Appl. Writ No. 835/2025
1.       State Of Rajasthan, Through The Principal Secretary,
         Department        Of      Women          And       Child        Development,
         Government Of Rajasthan, Jaipur.
2.       The Director, Directorate, Integrated Child Development
         Services, 2, Jalpath, Gandhi Nagar, Jaipur.
3.       The Deputy Director (Administration), Integrated Child
         Development Service, Rajasthan, Jaipur.
4.       The Deputy Director, Women And Child Development
         Department, Banswara.
5.       The Child Development Project Officer, Women And Child
         Development         Department,            Chhoti         Sarwan,      District
         Banswara.
                                                                         ----Appellants
                                      Versus
1.       Suresh Choudhary D/o Shri Jawahar Lal Choudhary, W/o
         Shri Suraj Pal Singh Choudhary, R/o Shiv Colony, Dudu
         Road, Malpura, District Tonk.
2.       The   Rajasthan        Subordinate          And      Ministerial     Services
         Selection     Board,         State        Institute        Of      Agriculture
         Management Premises, Durgapura, Jaipur Through Its
         Secretary.
                                                                    ----Respondents
                  D.B. Spl. Appl. Writ No. 1280/2025
1.       State Of Rajasthan, Through The Principal Secretary,
         Department        Of      Women          And       Child        Development,
         Government Of Rajasthan, Jaipur.
2.       The Director, Directorate, Integrated Child Development
         Services, 2, Jalpath, Gandhi Nagar, Jaipur.
3.       The Deputy Director (Administration), Integrated Child
         Development Services , Rajasthan, Jaipur.
4.       The Deputy Director, Women And Child Development


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         Department, Banswara.
5.       The Child Development Project Officer, Women And Child
         Development        Department,           Chhoti       Sarwan       ,    District
         Banswara.
                                                                         ----Appellants
                                      Versus
1.       Anita Kumari D/o Shri Richhpal, R/o Village Hejampura,
         Post Indali, District Jhunjhunu.
2.       The   Rajasthan        Subordinate          And      Ministerial       Services
         Selection     Board,         State        Institute        Of      Agriculture
         Management Premises, Durgapura, Jaipur Through Its
         Secretary.
                                                                    ----Respondents
                  D.B. Spl. Appl. Writ No. 1399/2025
1.       State Of Rajasthan, Through The Principal Secretary,
         Department        Of      Women          And       Child        Development,
         Government Of Rajasthan, Jaipur.
2.       The Director, Directorate, Integrated Child Development
         Services, 2, Jalpath, Gandhi Nagar, Jaipur.
3.       The Deputy Director, (Administration), Integrated Child
         Development Department, Banswara.
4.       The Deputy Director, Women And Child Development
         Department, Banswara.
5.       The Child Development Project Officer, Women And Child
         Development         Department,            Chhoti         Sarwan,       District
         Banswara.
                                                                         ----Appellants
                                      Versus
1.       Nortaram Latar S/o Shri Dena Ram, R/o Village Dhawa,
         Tehsil Merta City, District Nagour.
2.       The   Rajasthan        Subordinate          And      Ministerial       Services
         Selection     Board,         State        Institute        Of      Agriculture
         Management Premises, Durgapura, Jaipur Through Its
         Secretary.
                                                                    ----Respondents
                  D.B. Spl. Appl. Writ No. 1469/2025
1.       State Of Rajasthan, Through The Principal Secretary,

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         Department        Of      Women          And       Child        Development,
         Government Of Rajasthan, Jaipur.
2.       The Director, Directorate, Integrated Child Development
         Services, 2, Jalpath, Gandhi Nagar, Jaipur.
3.       The Deputy Director (Administration), Integrated Child
         Development Service, Rajasthan, Jaipur.
4.       The Deputy Director, Women And Child Development
         Department, Banswara.
5.       The Child Development Project Officer, Women And Child
         Development         Department,            Chhoti         Sarwan,      District
         Banswara.
                                                                         ----Appellants
                                      Versus
1.       Sohanlal S/o Shri Khinyaram Meghwal, Aged About 31
         Years, Village/post Kerap, Tehsil Didwana, District Nagour.
2.       The   Rajasthan        Subordinate          And      Ministerial     Services
         Selection     Board,         State        Institute        Of      Agriculture
         Management Premises, Durgapura, Jaipur Through Its
         Secretary.
                                                                    ----Respondents


For Appellant(s)            :     Mr. Sajjan Singh Rathore, AAG
                                  Mr. Yuvraj Singh Rathore.



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

09/02/2026

1. The present appeals arise out of a common judgment dated

15.12.2023 passed by the learned Single Judge, therefore, the

appeals are decided by this common judgment.

2. The present appeals are reported to be time barred for

different durations of time and, therefore, applications under

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Section 5 of the Limitation Act have also been filed for

condonation of delay.

3. Heard learned Additional Advocate General.

4. While hearing the appeals on section 5 of the Limitation Act,

we have examined the merits of the appeals too.

5. The issue involved in the present appeals is that while the

respondents were working as pre primary education teachers in

the Anganwadi Centre, an advertisement was issued by the State

Government for Pre Primary Education Teachers Direct

Recruitment Examination, 2018. In the said advertisement, there

was a condition being condition No.14 that those persons, who are

already in the government services, will apply in the recruitment

process after informing their employer in writing.

6. The petitioners-respondents wrote to their competent

authorities seeking permission/no objection certificate for

appearing in the ensuing recruitment test in pursuance of the

advertisement, 2018. Since, the written request submitted by the

petitioners-respondents were not responded to and no reply was

received by them, therefore, they appeared in the examination

and got selected. Thereafter, the petitioners-respondents'

employer rejected their application for appearing in the

recruitment test of 2018 and, therefore, the petitioners-

respondents preferred writ petitions before this Court.

7. Learned Single Bench after hearing the counsel for the

parties, allowed the writ petitions on the ground that the condition

No.14 in the advertisement was very clear that a prospective

candidate, who is already in the government services is only

required to inform his employer in writing before appearing in the

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recruitment test and since the petitioner-respondents have

complied with that condition by writing to their competent

authorities seeking no objection certificate, they have complied

with the condition No.14 and, therefore, their candidature was

required to be considedered in the recruitment process and if

those candidates are selected, their case was required to be

recommended for appointment and the authorities were directed

to issue the requisite no objection certificate to the petitioners-

respondents for further process of the recruitment.

8. Aggrieved by this common order passed by learned Single

Bench, the present appeals have been filed by the appellant -

State.

9. Learned AAG vehemently submitted before this Court that if

a person, who is already in the government service applies for the

recruitment of the same nature of post, then those persons, who

are unemployed and aspiring for appointment on those posts will

be deprived of their rights. He further submits that the State

Government was perfectly justified in not granting No Objection

Certificate to those candidates, who are already in government

services. He, therefore, prays that the present appeals preferred

by the State Government may be allowed and the order dated

15.12.2023 passed by the learned Single Bench may be quashed

and set aside.

10. We have considered the submissions made at the Bar and

have gone through the relevant record of the case.

11. Apart from the fact that all these appeals are time barred for

different durations of time, we find that the advertisement for

recruitment dated 21.08.2018 clearly stipulates in condition No.14

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that those persons, who are already in government services, will

only inform their employer about appearing in the aforesaid

examination. There was no condition to seek a No Objection

Certificate and if such certificate is not granted, their candidature

will be rejected.

12. For brevity, condition No.14 of the Advertisement dated

21.08.2018 is reproduced as under:-

"14. अनापत्ति प्रमाण पत्र के संबंध में :- सभी आवेदक जो पहले से ही सरकारी नौकरी में है या सरकारी उपक्रमों में नियुक्त है . उन्हें अपने नियोक्ता को इस परीक्षा के लिए आवेदन पत्र प्रस्तुत करने से पू र्व ही लिखित में सू चित करते हुये आवेदन करना चाहिए|"

13. Since the petitioners-respondents have already complied

with the condition No.14 by writing/informing to their employer

about their appearing in the recruitment process of 2018,

therefore, no further action was required on their part.

14. We are in complete agreement with the view taken by the

learned Single Bench and, therefore, we are not inclined to condon

the delay in filing the present appeals as there is no merit in the

present appeals itself.

15. In view of the discussions made above, the applications

preferred for condonation of delay are dismissed and for the same

reason, the present appeals are also dismissed.

(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J