[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Sarita Kumari Jyani vs Rajasthan High Court ... on 23 March, 2026
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2026:RJ-JD:13532-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 4112/2026
Sarita Kumari Jyani D/o Parmeshwar Lal Jat, Aged About 24
Years, R/o Chainpura, District Churu, Raj.
----Petitioner
Versus
1. Rajasthan High Court, Jodhpur Through Registrar General
2. The Registrar (Examination), Rajasthan High Court,
Jodhpur
----Respondents
For Petitioner(s) : Mr. Pradeep Jat
Ms. Sushila Jat
For Respondent(s) : Mr. Ojas Gupta
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
23/03/2026
1. Learned counsel for both the parties fairly submit that the
controversy involved in the present writ petition is no more res-
integra and it is covered by the decision rendered by a Coordinate
Bench of this Hon'ble Court in Narendra Singh Chauhan vs.
High Court of Rajasthan & Ors. (D.B. Civil Writ Petition
No.2237/2026) and other connected matters on 06.03.2026.
The judgment reads as under:-
"1. Learned counsel for the respondents submits that the
recruitment process for the post of "Junior Judicial Assistant" for the
establishment of the Rajasthan High Court, Jodhpur was considered
in the judgment rendered in D.B. Civil Writ Petition No.7654/2023,
Rajat Yadav v. Rajasthan High Court & Ors. and other connected writ
petitions, decided on 18.09.2023. The Division Bench of this Court at
Jaipur Bench disposed of the aforesaid writ petition along with other
connected matters with the following directions:-
"9.29 Consequently, all these petitions are disposed off with
following directions:-
(C) If, as a result of aforesaid exercise, it is found that the
petitioners herein have been accommodated either in the
Open/General category list or there respective reserve
category list then:-
(Uploaded on 25/03/2026 at 04:07:23 PM)
[2026:RJ-JD:13532-DB] (2 of 3) [CW-4112/2026]
(i) If they have already been allowed to provisionally
appear in the Typewriting Test on Computer, subject
to they having secured minimum qualifying marks in
Typewriting Test, their
aggregate marks obtained in the written
examination and Typewriting Test shall be drawn
up.
(ii) Those, who have not been allowed to
provisionally appear in the Typewriting Test, they
will be entitled to appear in the Typewriting Test and
for this purpose, the respondents shall hold
Typewriting Test on Computer for such candidates,
subject to they having obtained minimum qualifying
marks in the Typewriting Test, their aggregate
marks obtained in written examination and
Typewriting Test shall also be drawn up.
(D) The merit list in the Open/General category and the
respective reserve category shall be re-worked. If the
petitioners herein are included either in the Open/General
category list on the basis of their merit, they shall be offered
appointment against
posts in General/Open category, subject to the condition that
they are fulfilling all other requirements. Similarly, those
petitioners, who have been able to secure a place in the merit
list of their
respective reserve category would be offered appointment
against posts in their respective reserved category, subject to
fulfilling all other conditions."
1.1 The Hon'ble Supreme Court in the case of "Rajasthan High
Court & Anr. v. Rajat Yadav & Ors.", Civil Appeal No.14112/2024,
decided on 19.12.2025, observed in paragraph Nos.71 and 77 as
follows:-
"71. In the milieu of facts, none of the petitioning
candidates has been shown to have availed of any
concession/relaxation. No law - either rule or executive
instruction - has been shown which prevented the High
Court from treating the reserved candidates as
General/Open candidates once it transpired that they
outshone the latter. Question of any migration or deriving
twin benefits of migration did not and could not arise in
the circumstances.
(Uploaded on 25/03/2026 at 04:07:23 PM)
[2026:RJ-JD:13532-DB] (3 of 3) [CW-4112/2026]
77. While considering the cases of the petitioning
candidates, the High Court may endeavour not to dislodge
employees in position, as expressed by the Division
Bench, as far as possible."
1.2 As it is evident from the orders passed by the Division Bench of
this Court as well as the Hon'ble Supreme Court, the directions were
confined only to the petitioners in the said matters. Any prolonged
litigation initiated after the selection process has long been concluded
and after the judgment in Rajat Yadav (supra) has already been
implemented, such litigation cannot be entertained, as it would result
in a never-ending process of challenges and review of the
recruitment, which would not be conducive to maintaining the
sanctity of the selection process. The directions of the Division Bench
of this Court and the Hon'ble Supreme Court clearly indicate that the
benefits accrue only to those persons who, were vigilant and
approached the Court in time, and the judgments are in personam in
nature.
2. At this stage, it is also informed that the petitioner-Narendra
Singh Chauhan in D.B. Civil Writ Petition No.2237/2026, could not
clear the Typewriting Test, though he had appeared in the said test
pursuant to an interim order dated 30.01.2026. It is further
submitted that there was no interim order operating in favour of the
present petitioners namely Ramakishan & Puran Sharma.
3. In light of the submissions made by learned counsel for the
respondents, this Court is of the view that once the Hon'ble Supreme
Court and the Division Bench of this Court have clarified that the
judgments operate in personam, the benefit of the same cannot be
extended at such a belated stage. Reopening the controversy after
the judgments have already been implemented and complied with
would only create uncertainty, and confusion in the recruitment
process, which cannot be permitted.
4. Accordingly, the present Civil Writ Petitions stand dismissed."
2. In light of the aforequoted judgement, the present civil writ
petition is disposed of in the same terms.
3. All pending applications also stand disposed of.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
4-Love/-
(Uploaded on 25/03/2026 at 04:07:23 PM)
Powered by TCPDF (www.tcpdf.org)
