Citation : 2026 Latest Caselaw 2284 Raj
Judgement Date : 12 February, 2026
[2026:RJ-JD:7944]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1740/2026
1. Poonam D/o Shri Banwari Lal W/o Shri Pawan Kumar,
Aged About 35 Years, Resident Of Vpo Bhagwan, Tehsil
Nohar, District Hanumangarh (Raj.) Presently Posted As
Teacher Grade Iii, L-2 At Shrimati Manohari Devi Govt.
Senior Secondary School, Budhawaliya, Block Rawatsar,
District Hanumangarh (Raj.)
2. Ritu Rani D/o Shri Sukhpal Singh, Aged About 35 Years,
Resident Of Ward No.10, Aroadvansh Gurudwara Wali
Gali, Padampur, District Shriganganagar (Raj.) Presently
Posted As Teacher Grade Iii, L-2 At Govt. Upper Primary
School, 4 R.b. Block Padampur District Shriganganagar
(Raj.)
3. Jaspreet Kaur D/o Shri Pooran Singh, Aged About 40
Years, Resident Of Ward No. 10, Cinema Road, Padampur
District Shriganganagar (Raj.) Presently Posted As
Teacher Grade Iii, L-2 At Gups 7C.c. Block Padampur,
District Shriganganagar (Raj.)
4. Parveen Kumar S/o Shri Kundan Lal, Aged About 41
Years, Resident Of Ward No. 01, Village Chandeli Ka Bass,
Tehsil Danta Ramgarh District Sikar (Raj.) Presently
Posted As Teacher Grade Iii, L-2 At Gups Karanwas, Peeo
Bhavlas, Block Mandal, District Bhilwara (Raj.)
5. Sushila Beniwal D/o Shri Gopal Singh W/o Shri Anand
Kumar, Aged About 41 Years, Resident Of Vpo Deengarh,
Tehsil Sangaria, District Hanumangarh (Raj.) Presently
Posted As Teacher Grade Iii, L-2At Gups 9 Nkr
(Indergarh), Block Sangaria, District Hanumangarh (Raj.)
6. Rajender Kumar S/o Shri Krishan Kumar, Aged About 40
Years, Resident Of Village Barasri, Post Jamal, Tehsil
Nathusari Chopta, District Sirsa (Haryana)Presently
Posted As Teacher Grade Iii, L-2 At Mahatama Gandhi
Govt. School Phephana, Block Nohar, District
Hanumangarh (Raj.)
7. Ravi Kumar S/o Shri Rohtash Singh, Aged About 37
Years, Resident Of Village Bighana Jat, P.o. Santo, Tehsil
Mandhan, District Kotputli Behror (Raj.) Presently Posted
As Teacher Grade Iii, L-2 At Gups Antapada, Block
Lakshmangarh, District Alwar (Raj.)
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8. Alka Rani D/o Shri Shankar Lal, Aged About 40 Years,
Resident Of H.n. 303, Ram Laxman Colony, Nawa City,
Nagour (Raj.) Presently Posted As Teacher Grade Iii, L-2
At Gups Gudda Aanandpura, Block Newai, District Tonk
(Raj.)
9. Jawahar Singh S/o Shri Kirori Lal, Aged About 40 Years,
Resident Of Ward No. 3, Subhash Colony, Firozpur Jhirka,
District Nuh (Mewat), Haryana Presently Posted As
Teacher Grade Iii, L-2 At Ggups Kalmanda, Block Malpura,
District Tonk (Raj.)
10. Raj Bala D/o Shri Gopi Ram, Aged About 38 Years,
Resident Of H.n.10, Vpo Talwara Khurd, Tehsil Ellenabad,
District Sirsa (Haryana) Presently Posted As Teacher
Grade Iii, L-2 At Gups 3Ggr (Rathi Khera) Block Tibbi
District Hanumangarh (Raj.)
11. Deepika D/o Shri Rajender Kumar, Aged About 43 Years,
Resident Of Vpo Talwara Khurd, Tehsil Ellenabad, District
Sirsa (Haryana) Presently Posted As Teacher Grade Iii, L-2
At Gups 12 H.h., Block And District Sriganganagar (Raj.)
12. Saroj Bala D/o Shri Man Singh,, Aged About 46 Years,
Resident Of Ward No. 10, Ardawatiya Colony, Tehsil
Chirawa, District Jhunjhunu (Raj.) Presently Posted As
Teacher Grade Iii, L-2 At Gups 1B.b, Block And District
Sriganganagar (Raj.)
13. Alka Rani D/o Shri Devi Lal, Aged About 35 Years,
Resident Of Vpo 4 Mks Bashir, Tehsil Tibbi, District
Hanumangarh (Raj.) Presently Posted As Teacher Grade
Iii, L-2 At Gups 3Srw Surewala, Block Tibbi, District
Hanumangarh (Raj.)
14. Chander Kala D/o Shri Jagdeesh, Aged About 30 Years,
Resident Of Vpo Ganga, Tehsil Mandi Dabwali, District
Sirsa (Haryana). Presently Posted As Teacher Grade Iii, L-
2 At Gups 2Sbn Sabuana, Block Tibbi, District
Hanumangarh(Raj.)
15. Bhagwanti D/o Shri Mahanta Ram, Aged About 39 Years,
Resident Of Vpo Jasana, Tehsil Nohar, District
Hanumangarh (Raj.) Presently Posted As Teacher Grade
Iii, L-2 At Gups, 500 Lnp 1, Shivpur Head Fatuhi Block
And District Sriganganagar (Raj.)
16. Kaushalya D/o Shri Santa Singh W/o Shri Rakesh Kumar,
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Aged About 36 Years, Resident Of Village Janania, Post
Phephana, Tehsil Nohar, District Hanumangarh (Raj.)
Presently Posted As Teacher Grade Iii, L-2 At Mahatma
Gandhi Govt. School, Mahalbas Bhukarka, Block Nohar,
District Hanumangarh (Raj.)
17. Meena Rani D/o Shri Ganpat Ram W/o Shri Daya Ram
Regar, Aged About 38 Years, Resident Of Ward No. 16
Jogi Asan, Nohar City, Tehsil Nohar, District Hanumangarh
(Raj.) Presently Posted As Teacher Grade Iii, L-2 At Gss
School Durjana, Block Nohar, District Hanumangarh (Raj.)
18. Komal Devrath D/o Shri Rajender Kumar Devrath W/o
Shri Kamal Kant Jakhar, Aged About 36 Years, Resident Of
Vpo Ratanpura, Tehsil Nohar, District Hanumangarh (Raj.)
Presently Posted As Teacher Grade Iii, L-2 At Gups Soti
Bari, Block Nohar, District Hanumangarh (Raj.)
19. Veenu D/o Shri Ashok Kumar, Aged About 36 Years,
Resident Of H.n. 10, Jawahar Nagar, 200 Foot Road, Alwar
City Tehsil And District Alwar (Raj.) Presently Posted As
Teacher Grade Iii, L-2 At Gups Nangla Samawdi, Block
Kishangarh Bas, District Alwar (Raj.)
20. Ravina Devi D/o Mohan Lal, Aged About 33 Years, R/o
Village Jorian / Jodkian, Tehsil And District Sirsa
(Harayana) Presently Posted As Teacher Grade Iii, L-2 At
Gups Chokuti Tehsil Kathumar, Distt. Alwar (Raj.)
21. Reeta Rani D/o Krishan Kumar W/o Sandeep Kumar, Aged
About 40 Years, R/o Ward No 16, Anupgarh, Distt.
Sriganganagar (Raj.) Presently Posted As Teacher Grade
Iii, L-2 At Gups 68/2 Gb, Anupgarh Distt. Sriganganagar
(Raj.)
22. Rajni Bala D/o Vijay Kumar, Aged About 42 Years, R/o
Ward No 15, Pilibanga, Distt. Hanumangarh (Raj.)
Presently Posted As Teacher Grade Iii, L-2 At Mggs
Likhmisar, Block Pilibanga, Distt. Hanumangarh (Raj.)
23. Rohtash Kumar S/o Jagdish, Aged About 36 Years, R/o
09, Village Jorkian, Tehsil And Distt. Hanumangarh (Raj.)
Presently Posted As Teacher Grade Iii, L-2 At Gups 36 Llw,
Block Pilibanga Distt. Hanumangarh (Raj.)
----Petitioners
Versus
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[2026:RJ-JD:7944] (4 of 6) [CW-1740/2026]
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Government Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Principal Secretary, Department Of Rural
Development And Panchayati Raj, Government Of
Rajasthan Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Directorate Bikaner,
District Bikaner, Rajasthan
4. The Chief Executive Officer, Zila Parishad, District
Hanumangarh, Rajasthan.
5. The District Education Officer, (H.q.) Elementary
Education, Hanumangarh, Rajasthan.
6. The Chief Executive Officer, Zila Parishad, District
Shriganaganagar, Rajasthan.
7. The District Education Officer (H.q.), Elementary
Education, District Shriganganagar, Rajasthan.
8. The Chief Executive Officer, Zila Parishad, District
Bhilwara, Rajasthan.
9. The District Education Officer, (H.q.), Elementary
Education, District Bhilwara, Rajasthan.
10. The Chief Executive Officer, Zila Parishad, District Alwar,
Rajasthan.
11. The District Education Officer (H.q.), Elementary
Education, District Alwar, Rajasthan.
12. The Chief Executive Officer, Zila Parishad, District Tonk,
Rajasthan.
13. The District Education Officer (H.q.), Elementary
Education, District Tonk, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Puna Ram Sen
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/02/2026
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[2026:RJ-JD:7944] (5 of 6) [CW-1740/2026]
1. Learned counsel for the petitioner submits that the issue
involved in the present writ petition is squarely covered by
judgment in Minaxi & Ors. v. State of Rajasthan & Ors.: S.B.
Civil Writ Petition No.4499/2022, decided on 07.05.2022.
2. Learned counsel for the respondents is not in a position to
refute the fact that the issue is squarely covered by judgment,
ibid.
3. In the case of Minaxi (supra), the Coordinate Bench of this
Court, held as under:-
"This writ petition has been filed by the petitioners seeking notional benefits pursuant to the appointment of the petitioners by order dated 26.05.2019 (Annex.5).
It is inter-alia indicated that pursuant to the advertisement dated 11.09.2017 (Annex.1), the petitioners applied for the post of Teacher Grade III (Leave II). Though the names of the petitioners appeared in merit, they were not accorded appointment.
Similarly situated candidates filed petitions being Komal Purohit Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.13707/2018 and connected matters, which came to be decided by order dated 12.10.2018, wherein, the petitioners were held as eligible.
Pursuant thereto, the petitioners were accorded appointment by the respondents by order dated 26.05.2019, however, they have not been accorded the notional benefits, despite the fact that they were higher in merit to the candidates, who were accorded appointment prior to them, pursuant to the advertisement dated 11.09.2017.
Submissions have been made that the petitioners were denied appointments by the respondents for the reasons, which came to be quashed by this Court in the case of Komal Purohit (supra). Whereafter, they have been accorded appointment and for no fault of the petitioners, only on account of delayed appointment by the respondents, the petitioners cannot be deprived of the notional benefits.
Reliance has been placed on Manoj Khandelwal & Ors. Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.7283/2014. Learned counsel for the respondents contested the submissions made and submitted that as the petitioners have been accorded appointment by order dated 26.05.2019, they are not entitled for the notional benefits. However, it is not disputed that the similar issues have been decided in the case of Manoj Khandelwal (supra).
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I have considered the submissions made by learned counsel for the parties and have perused the material available on record. It is not in dispute that the petitioners, though higher in merit, were denied appointment for the reasons which came to be quashed in the case of Komal Purohit (supra), whereafter, they were accorded appointment.
Once the petitioners have been accorded appointment on account of quashing of the action of the respondents in denying the appointment, the respondents cannot refuse at least the notional benefits to the petitioners on account of the said delayed appointment.
In the case of Manoj Khandelwal (supra) after referring to the orders in the case of Suman Bai & Anr. Vs. State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381 and other orders, the Court required the respondents to redress the grievances of the petitioners therein.
In view of the above fact situation, the petition filed by the petitioners is allowed. The respondents are directed to accord notional benefits such as seniority, continuity in service, pay fixation and grant of annual grade increments to the petitioners from the date persons lower in merit to the petitioners were accorded appointment.
Needful may be done by the respondents within a period of three months from the date of this order."
4. In view of above, the writ petition is allowed in same terms
as judgment, ibid. The respondents are directed to accord notional
benefits such as seniority, continuity in service, pay fixation and
grant of annual grade increments to the petitioners from the date
persons lower in merit to the petitioners were accorded
appointment, if otherwise the petitioners are found eligible for the
same.
(DR.NUPUR BHATI),J surabhii/170-
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