Citation : 2026 Latest Caselaw 2784 Raj
Judgement Date : 19 February, 2026
[2026:RJ-JD:9381-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 250/2026
1. Krishna Gopal Sharma S/o Surendra Kumar Sharma,
Aged About 26 Years, R/o Village Avaleshwar, Tehsil
Pratapgarh, District Pratapgarh, Rajasthan- 312605.
2. Bhanwar Lal Meghwal S/o Pyar Chand Meghwal, Aged
About 35 Years, R/o Village And Post Suawaton Ka Guda,
Tehsil Gogunda, District Udaipur, Rajasthan- 313704.
3. Sachin Mochi S/o Ramesh Mochi, Aged About 25 Years, R/
o Village And Post Jhadol, Tehsil Jhadol, District Udaipur,
Rajasthan 313702.
4. Dashanand Meena S/o Shanker Meena, Aged About 36
Years, R/o Village Bananiya, Tehsil Sarada, District
Salumbar, Rajasthan- 313902.
5. Gopi Chandra Maida S/o Devilal Maida, Aged About 36
Years, R/o Village Prathvipura, Tehsil Pipal Khunt, District
Pratapgarh, Rajasthan- 327027.
6. Rajesh Kumar S/o Gautam Lal, Aged About 24 Years, R/o
Village Renganiya, Tehsil Sajjangarh, District Banswara,
Rajasthan- 327602.
7. Rohit Vadera S/o Kaluram Vadera, Aged About 26 Years,
R/o Village Tali, Tehsil Garhi, District Banswara,
Rajasthan- 327025.
8. Jayanti Lal Meena S/o Hamji Meena, Aged About 27
Years, R/o Village Ramnagar, Tehsil Salumbar, District
Udaipur, Rajasthan- 313026.
9. Jeetmal Huvor S/o Chetan, Aged About 29 Years, R/o
Village Sogpura, Tehsil Bagidora, District Banswara,
Rajasthan 327034.
10. Tilkesh Gajendra Purohit S/o Gajendra Purohit, Aged
About 30 Years, R/o Village And Post Godana, Tehsil
Jhadul, District Udaipur, Rajasthan- 313702.
----Appellants
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Panchayati Raj And Rural Development,
Govt. Secretariat, Jaipur (Raj.).
2. The Director, Directorate Of Elementary Education,
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Bikaner, (Raj.).
3. The Secretary, Rajasthan Staff Selection Board, State
Institute Of Agriculture Management Premises, Sitabari,
Durgapura, Jaipur, Rajasthan 302018, District Jaipur,
Rajasthan.
4. Himanshu Joshi S/o Hemant Joshi, Aged About 26 Years,
R/o Village And Post Choti Sadri, Tehsil Choti Sadri,
District Pratapgarh, Rajasthan- 312604.
5. Pooja Jain D/o Chandan Lal Jain, W/o Rakesh Sagoteya,
Aged About 33 Years, R/o Village And Post Ogna, Tehsil
Jhadol, District Udaipur, Rajasthan- 313906.
6. Roopa Ram Garasiya S/o Nathu Lal Garadiya, Aged About
29 Years, R/o Village Ambava, Post Padawu Kalan, Tehsil
Gogunda, District Udaipur, Rajasthan- 313906.
7. Mahendra Nayak S/o Ranchod Nayak, Aged About 26
Years, R/o Village And Post Umbada, Tehsil Garhi, District
Banswara, Rajasthan- 327022.
8. Chirag Pandya S/o Rajendra Pandya, Aged About 30
Years, R/o Village And Post Khodan, Tehsil Garhi, District
Banswara, Rajasthan- 327022.
9. Sumitra Kumari Meena D/o Badri Lal Meena, Aged About
30 Years, R/o Village Katewari, Post Kherwara, Tehsil
Kherwara, District Udaipur, Rajasthan- 313803.
10. Kalpana Patidar D/o Valji Patidar, Aged About 24 Years, R/
o Village Nagansel, Post Bhimpur, Tehsil Ganoda, District
Banswara, Rajasthan- 327021.
11. Chanda Kumari Kumawat D/o Gopal Lal Kumawat, Aged
About 27 Years, R/o Village Kadiyawad, Tehsil Pratapgarh,
District Pratapgarh, Rajasthan- 312623.
12. Jignesh Panchal S/o Sohan Lal Panchal, Aged About 25
Years, R/o Village Kalyanpur, Tehsil Rishabhdev, District
Udaipur, Rajasthan- 313903.
13. Jimmy Darji D/o Pardip Darji, Aged About 27 Years, R/o
Village And Post Saroda, Tehsil Sagwara, District
Dungarpur, Rajasthan- 314032.
14. Ratan Garasiya D/o Laxman Garasiya, Aged About 26
Years, R/o Village Phulpuri, Tehsil Gangartali, District
Banswara, Rajasthan- 327601.
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15. Minakshi Kumawat D/o Prakash Kumawat, Aged About 25
Years, R/o Village Barkheda, Tehsil Pratapgarh, District
Pratapgarh, Rajasthan- 312623.
16. Roshan Patidar S/o Lalji Patidar, Aged About 24 Years, R/o
Village And Post Bheempur, Tehsil Garhi, District
Banswara, Rajasthan- 327021.
17. Kajal D/o Ishwarlal, Aged About 27 Years, R/o Village
Lambadavra, Tehsil Pipalkhunt, District Pratapgarh,
Rajasthan 327027.
18. Suresh Kuamr Kharadi S/o Bherulal, Aged About 26
Years, R/o Village Mahadev Ji Ka Kad, Tehsil Jhadol,
District Udaipur, Rajasthan- 313702.
19. Umesh Kandor S/o Laxman Lal Kandor, Aged About 27
Years, R/o Village Arthuna, Tehsil Arthuna, District
Banswara, Rajasthan- 327032.
20. Vikas Patidar S/o Ram Chandra Patidar, Aged About 32
Years, R/o Village Kolvi, Post Kajli Khera, Tehsil
Pratapgarh, Rajasthan- 312623.
21. Vikash Kuamr S/o Narayan Lal Meena, Aged About 27
Years, R/o Village Jhatiya Pada, Tehsil Pipal Khunt, District
Pratapgarh, Rajasthan- 327027.
22. Bharat Kumawat S/o Ashok Kumawat, Aged About 36
Years, R/o Village Nai Abadi Arnod, Tehsil Arnod, District
Pratapgarh, Rajasthan- 312615.
23. Dilip Balai S/o Devram Balai, Aged About 38 Years, R/o
Village Katisour, Tehsil Aspur, District Dungarpur,
Rajasthan- 314038.
24. Sita Kumari Meghwal D/o Ram Chandra Meghwal, Aged
About 24 Years, R/o Village Hamerpura, Post Bhop
Akheda, Tehsil Bhinder, District Udaipur, Rajasthan-
313603.
25. Nitesh Kuamr Maida S/o Aluram Maida, Aged About 27
Years, R/o Village Pipalda, Tehsil Pipalkhunt, District
Pratapgarh, Rajasthan 327027.
26. Hemil Bhawsar S/o Jitendra Bhawsar, Aged About 26
Years, R/o Bhawsarwada, District Dungarpur, Rajasthan-
314001.
27. Bharat Sharma S/o Hemant Sharma, Aged About 33
Years, R/o Village Krishna Ghaati Sarada, Tehsil Sarada,
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District Udaipur, Rajasthan- 313902.
28. Arun Trivedi S/o Ganesh Lal Trivedi, Aged About 31 Years,
R/o Buchiya Bara, Tehsil Sagwara, District Dungarpur,
Rajasthan 314032.
29. Rohit Varhat S/o Bhemraj Varhat, Aged About 25 Years,
R/o Village And Post Barothi, Tehsil Bichhiwara, District
Dungarpur, Rajasthan- 314801.
30. Panna Lal Meena S/o Udayram Meena, Aged About 27
Years, R/o Village Ukala Nagdi, Tehsil Arnod, District
Pratapgarh, Rajasthan- 312615.
31. Keshar Singh Meena S/o Phool Singh Meena, Aged About
37 Years, R/o Fateh Singh Ji Ki Bhagal, Tehsil Lasadiya,
District Udaipur, Rajasthan- 313604.
32. Ajay Rao S/o Jayanti Lal Rao, Aged About 26 Years, R/o
Village Salumbar, Tehsil Salumbar, District Salumbar,
Rajasthan- 313027.
33. Ajay Kumar Sahu S/o Rakesh Kumar Sahu, Aged About
29 Years, R/o Gomana Gate Lohar Chowk, Chhoti Sadri,
District Pratapgarh, Rajasthan- 312604.
----Respondents
For Appellant(s) : Mr. Manoj Bhandari, Sr. Adv. assisted
by Mr. Aniket Tater
For Respondent(s) : Mr. Manish Patel
Ms. Menel Singhvi
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
19/02/2026
1. The present Special Appeal has been filed by the appellants
against the impugned order dated 08.12.2025 passed by learned
Single Bench in Himanshu Joshi & Ors. v. State of Rajasthan &
Ors. in S.B. Civil Writ Petition No.23632/2025 whereby learned
Single Judge declined to grant ad-interim protection to the
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appellants against the order dated 28.11.2025, whereby, the
appellants were removed from service.
2. Learned counsel for the appellants submit that a recruitment
process was held by Rajasthan Staff Selection Board in pursuance
of advertisement dated 16.12.2022 for 1570 posts of Teacher
Grade-III Level-I under the Rajasthan Panchayati Raj Services
Rules, 1996. They further submit that after undergoing the
complete process, which includes merit, eligibility and
qualification, the final result of the recruitment was declared on
31.08.2023 and in pursuance of the final result, after the
document verification, selection process was done and
subsequently allotment of District was made in the month of July,
August & September 2024. They further submit that the
appellants continued to work for about 16 months. The
respondents however suddenly, without giving any notice or
opportunity of hearing passed the removal orders dated
28.11.2025 without adhering to any kind of procedure of natural
justice. They further submit that the writ petition, against such
termination orders, was filed before this Hon'ble Court, in which,
learned Single Judge has refused to grant ex-parte interim order,
but has issued notices after hearing of the respondents and would
hear the matter on 27.01.2026.
3. Learned counsel also bring to notice of this Court that the
learned Single Judge at Jaipur in S.B. Civil Writ Petition
No.19628/2025 "Sandhya Bhagora v. State of Rajasthan"
vide interim order dated 11.12.2025 has stayed the order dated
28.11.2025. Learned counsel further submit that a candidate who
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has already granted the interim relief in the said writ petition, the
same relief may also be granted at par to the present petitions.
4. This Court is prima facie convinced that the appellants,
having continuously worked for a period of about 16 months, were
removed from service by the impugned order dated 28.11.2025
without adherence to the fundamental parameters of natural
justice, thereby giving rise to a valid and subsisting cause of
action. This Court further notes that the very same order dated
28.11.2025 is already under challenge before the learned Single
Bench at Jaipur in S.B. Civil Writ Petition No. 19628/2025,
wherein an interim order dated 11.12.2025 is operating. The
operative portion of the said interim order reads as under:
"The order dated 28.11.2025 (Annexure-7) shall remain stayed qua the present petitioner till the next date of hearing."
5. This Court finds that when the impugned order is common and
interim protection has already been granted by learned Single
Bench at Jaipur, the principle of parity, consistency and fairness
requires that similar interim protection ought to operate in present
matter also.
6. In view of the above facts, the present appeal is disposed of
with a direction that the order dated 28.11.2025, qua the
petitioners/appellants shall remain stayed till next date of hearing
before the learned Single Bench.
7. It is made clear that passing of this order shall not prejudice
the case of either of the parties before the learned Single Judge
with regard to the jurisdiction of writ. It is further made clear that
the respondents shall be at liberty to seek vacation of the interim
order from the learned Single Bench itself.
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8. Stay petitions/applications also disposed of.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J 112-raoof khan/-
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