Rajasthan High Court - Jodhpur
Rajendra Kumar Ninama vs State Of Rajasthan on 2 April, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 4684/2019
1. Rajendra Kumar Ninama S/o Ratanlal Ninama, Aged
About 29 Years, Village And Post Sundrav, Tehsil
Anandpuri, District Banswara (Raj.).
2. Shely Kumari Patel D/o Hamaji Patel W/o Sushil Kumar
Damor, Aged About 30 Years, Village Seravala, Post
Tamatiya, Tehsil Anandpuri, District Banswara,
3. Ganesh Lal Damor S/o Somji Damor, Aged About 40
Years, Village Kakri Dungari, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
4. Ajeet Kumar Pargi S/o Sohan Lal Pargi, Aged About 35
Years, Village And Post Madkola Mogji, Tehsil Anandpuri,
District Banswara.
5. Shambhu Lal Bhabor S/o Laxman Bhabor, Aged About 29
Years, Village And Post Badliya, Tehsil Anandpuri, District
Banswara.
6. Ashvin Kumar Malviya S/o Chuniya Malviya, Aged About
36 Years, Village Pachor, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
7. Harish Chandra Damor S/o Mani Lal Damor, Aged About
23 Years, Village Bodiyatalai, Post Kajaliya, Tehsil
Anandpuri, District Banswara.
8. Usha Damor D/o Mani Lal Damor W/o Amba Lal Ninama,
Aged About 33 Years, Village And Post Sundrav, Tehsil
Anandpuri, District Banswara.
9. Hitesh Kumar Ninama S/o Sukha Lal, Aged About 32
Years, Village And Post Sundrav, Tehsil Anandpuri, District
Banswara.
10. Chetana Garasiya D/o Hiralal W/o Pannalal Damor, Aged
About 33 Years, Village Kumhariya, Post Barjadiya, Tehsil
Anandpuri, District Banswara.
11. Manjula D/o Hari Prasad Vadera W/o Sunil Kumar
Ninama, Aged About 35 Years, Village Sundrav, Tehsil
Anandpuri, District Banswara.
12. Nani Khant D/o Hardar W/o Mohanlal Khat, Aged About
32 Years, Village And Post Bhatar, Tehsil Garhi, District
Banswara.
13. Suresh Chandra S/o Bada, Aged About 43 Years, Village
Chanawala, Post Biladi, Tehsil Sajjangarh, District
Banswara.
14. Sardar Singh Pargi S/o Hiraji Pargi, Aged About 35 Years,
Village Chikli Teja, Tehsil Anandpuri, District Banswara.
15. Raysingh Khant S/o Kachrulal Khant, Aged About 31
Years, Village Govindpura, Post Bhatar, Tehsil Garhi,
District Banswara.
16. Ful Chand Pargi S/o Kana Pargi, Aged About 30 Years,
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Village Ambadara, Post Amleeya, Tehsil Anandpuri,
District Banswara.
17. Champa Lal Damor S/o Nanu Lal Damor, Aged About 33
Years, Village Bodiya Talai, Post Kajliya, Tehsil Anandpuri,
District Banswara.
18. Bapulal Huvor S/o Mogaram Huvor, Aged About 31 Years,
Village Sogpura, Post Nougama, Tehsil Bagidora, District
Banswara.
19. Indra Kumar Ninama S/o Amrit Lal, Aged About 26 Years,
Village And Post Sundrav, Tehsil Anandpuri, District
Banswara.
20. Abhishek Maida S/o Deepa Maida, Aged About 28 Years,
Vpo Maska Chhota, Tehsil Sajjangarh, District Banswara.
21. Shyam Lal S/o Leemgar, Aged About 43 Years, Village
Kushalgarh, District Banswara.
22. Gautam Lal Bhuriya S/o Tejhing Bhuriya, Aged About 34
Years, Village And Gram Panchayat Bawaliya Para, Post
Bassi, District Banswara.
23. Sardar Singh Dodiyar S/o Gotam Dodiyar, Aged About 35
Years, Village Padla Mokha, Post Italal, Shakkarwara,
Tehsil Sajjangarh, District Banswara.
24. Sohan Lal Damor S/o Kal Singh Damor, Aged About 38
Years, Village Palakpada, Post Lohariya Bada, Tehsil
Kushalgarh, District Banswara.
25. Fateh Singh Devda S/o Vijay Singh Devda, Aged About 37
Years, Ward No. 6, Nishnawat, Post Badwas Choti, Tehsil
Kushalgarh, District Banswara.
26. Badami Lal Garasiya S/o Ratna Garasiya, Aged About 36
Years, Village Padola, Post Anandpuri, Tehsil Anandpuri,
District Banswara.
27. Nanu Lal S/o Bhurji, Aged About 35 Years, Village
Sogpura, Post Naugama, Tehsil Bagidora, District
Banswara.
28. Pavana Kumar Pargi S/o Keshav Lal, Aged About 27
Years, Village Chhapra, Post Sundrav, Tehsil Anandpuri,
District Banswara.
29. Sushila Katara W/o Ganpat Lal Bhabor, Aged About 32
Years, D/o Himmat Lal Katara, Vpo Chikali Teja, Tehsil
Anandpuri, District Banswara.
30. Nirmala Katara D/o Bhur Singh Katara W/o Juzar Singh
Devda, Aged About 28 Years, Village Nishnawat, Post
Badwas Chhoti, Tehsil Kushalgarh, District Banswara.
31. Tol Singh Katara S/o Kadva Katara, Aged About 36 Years,
Village And Post Pali Badi, Tehsil Sajjangarh, District
Banswara.
32. Mohan Lal S/o Chhagan Maida, Aged About 32 Years, Vpo
Sabbalpura, Tehsil Kushalgarh, District Banswara.
33. Gaur Singh S/o Thavra Maida, Aged About 33 Years, Vpo
Sabbalpura, Tehsil Kushalgarh, District Banswara.
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34. Ramesh Bariya S/o Punja Bariya, Aged About 29 Years,
Village Amlipada, Post Timeda Bada, Tehsil Kushalgarh,
District Banswara.
35. Dheeraj Mal Damor S/o Jorhing, Aged About 37 Years,
Ward No. 2, Vpo Ghata, Tehsil Sabbalpura, District
Banswara.
36. Khushpal Charpota S/o Prakash Chand Charpota, Aged
About 31 Years, Nani Ka Sath, Post Lohariya Bada, Tehsil
Kushlgarh, District Banswara.
37. Devi Lal Khadiya S/o Bhalji Khadiya, Aged About 39
Years, Village Dungalapani, Post Lohariya Bada, Tehsil
Kushalgarh, District Banswara.
38. Bahadur Singh Damor S/o Kika Damor, Aged About 44
Years, Vpo Unkala, Tehsil Kushalgarh, District Banswara.
39. Sabu Khadiya D/o Punjalal Khadiya W/o Vitthal Vasuniya,
Aged About 23 Years, Village Nishnawat, Post Badwas
Chhoti, Tehsil Kushalgarh, District Banswara.
40. Dinesh Chandra Vasuniya S/o Kamji Vasuniya, Aged
About 40 Years, Village Khajoora, Post Unkala, Tehsil
Kushalgarh, District Banswara.
41. Pradeep Kumar Garasiya S/o Thavra Garasiya, Aged
About 40 Years, Village Itala, Post Sajjangarh, Tehsil
Kushalgarh, District Banswara.
42. Shama D/o Manaji Garasiya W/o Praveen, Aged About 31
Years, Village Itala, Tehsil Kushalgarh, District Banswara.
43. Raju Damor S/o Dalhing Damor, Aged About 37 Years,
Ward No. 9, Village Ambapada, Post Jheekli, Tehsil
Kushalgarh, District Banswara.
44. Prem Singh Katara S/o Devchand Katara, Aged About 23
Years, Ward No. 1, Village Borkhedi, Post Badwas Chhoti,
Tehsil Kushalgarh, District Banswara.
45. Lalita Kumari Katara D/o Devchand Katara W/o Mukesh
Chanddra Damor, Aged About 32 Years, Village Maska
Chhota, Post Maska Mahudi, Tehsil Sajjangarh, District
Banswara.
46. Shanker Lal Devda S/o Nathu Devda, Aged About 38
Years, Village Devdasath, Post Thummath, Tehsil
Kushalgarh, District Banswara.
47. Thavri Kumari Amliyar D/o Onkar Amliyar W/o Bahadur
Katara,, Aged About 30 Years, Village And Post Padli Badi,
Tehsil Sajjangarh, District Banswara.
48. Durga Maida W/o Elesh Katara, Aged About 29 Years, D/o
Naru Maida, Ward No. 02, Village Dungri Pada, Post
Lohariya Bada, District Banswara.
49. Nagin Lal Katara S/o Mogaji Katara, Aged About 42 Years,
Village Padla Katara, Post Itala, Tehsil Sajjangarh, District
Banswara.
50. Panna Lal S/o Vagji Garasiya, Aged About 32 Years, Vpo
Sundrav, Tehsil Anandpuri , District Banswara.
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51. Anita D/o Kalu Ram Bamniya W/o Chhagan Lal Pargi,
Aged About 28 Years, Village And Post Obla, Tehsil
Anandpuri, District Banswara.
52. Anil Maida S/o Bheriya Maida, Aged About 30 Years,
Village Ambapura, Post Jhikali, Tehsil Kushalgarh, District
Banswara.
53. Rajendra Kumar S/o Gotma, Aged About 28 Years, Vpo
Sundrav, Tehsil Anandpuri , District Banswara.
54. Pratap Singh S/o Gulab Singh Kharadi,, Aged About 30
Years, Village Jambudi, Post Piplod, Tehsil Bagidoura,
District Banswara.
55. Mal Singh Maida S/o Moti Maida, Aged About 30 Years,
Village Ambapada, Post Jheekli, Tehsil Kushalgarh, District
Banswara.
56. Ravji Maida S/o Gobariya Maida, Aged About 36 Years,
Village Ambapada, Post Jheekli, Tehsil Kushalgarh, District
Banswara.
57. Rajendra Kumar Damor S/o Nanaji Damor, Aged About 37
Years, Village Chhayana, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
58. Mohan Lal Ahari S/o Gautam Lal Ahari, Aged About 38
Years, Village Khuta, Post Mundri, Tehsil Anandpuri,
District Banswara.
59. Bansilal Bhabor S/o Nagji Bhador, Aged About 32 Years,
Village And Post Falva, Tehsil Anandpuri, District
Banswara.
60. Maganlal Bargod S/o Champa Bargod, Aged About 39
Years, Village Sarvai, Post Menapadar, Tehsil Anandpuri,
District Banswara.
61. Santosh Kumar Tabiyar S/o Mitha Lal Tabiyar, Aged About
29 Years, Village And Post Obla, Tehsil Anandpuri, District
Banswara.
62. Pradeep Kumar Pargi S/o Shambhulal Pargi, Aged About
29 Years, Village And Post Menapadar, Tehsil Anandpuri,
District Banswara.
63. Raman Lal Malviya S/o Choksee Malviya, Aged About 27
Years, Village Pachor, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
64. Swaraj Dodiyar S/o Moti Dodiyar, Aged About 38 Years,
Village And Post Naharpura, Tehsil Anandpuri, District
Banswara.
65. Prakash Chandra Katara S/o Tersingh Katara, Aged About
30 Years, Village Lunawada, Post Badwas Chhoti, Tehsil
Kushalgarh, District Banswara.
66. Bhupendra Kuamr Damor S/o Dhaneshwar, Aged About
26 Years, Village Samisera, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
67. Prakash Chandra Bhuriya S/o Madsiya Bhuriya, Aged
About 34 Years, Village And Post Unkala, Tehsil
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Kushalgarh, District Banswara.
68. Bhim Chand S/o Madiya, Aged About 42 Years, Village
Singado Ki Gadli, Post Charkani, Tehsil Kushalgarh,
District Banswara.
69. Vikram Damor S/o Rakma Damor, Aged About 32 Years,
Village Paniyala, Post Jhupel, Tehsil And District
Banswara.
70. Sunil Dama S/o Gautam Dama, Aged About 33 Years,
Ghoti Ki Todi, Post Machharasath, Tehsil Sajjangarh,
District Banswara.
71. Asha Kumari Machhar D/o Kamji Machhar W/o Dinesh
Damor, Aged About 27 Years, Village Paniyala, Post
Jhupel, Tehsil And District Banswara.
72. Badru Lal Rawal S/o Hardar Rawat, Aged About 36 Years,
Village Timeda Chhota, Post Jheekali, Tehsil Kushalgarh,
District Banswara.
73. Rohit Kumar Charpota S/o Nathu Charpota, Aged About
23 Years, Village And Post Paraheda, Tehsil Garhi, District
Banswara.
74. Ishwar Lal Kharadi S/o Hukiya, Aged About 34 Years,
Village Padla, Post Kesherpura, Tehsil Abapura, District
Banswara.
75. Kamlesh S/o Shamji, Aged About 31 Years, Sarsiya Pad,
Post Machhara Sath, Tehsil Sajjangarh, District Banswara.
76. Lal Singh Ahari S/o Rakma Ahari, Aged About 42 Years,
Village Samapada, Post Kesharpura, Tehsil Abapura,
District Banswara.
77. Rakesh Kumar Singada S/o Jhummak Lal Singada, Aged
About 29 Years, Village Jamburi, Post Piplod, Tehsil
Bagidora, District Banswara.
78. Narayan Lal Pargee S/o Shanker Lal Pargee, Aged About
33 Years, Village Thandi Moti, Post Shergarh, Tehsil
Gangar Talai, District Banswara.
79. Someshwar Damor S/o Jivana, Aged About 33 Years,
Village Hamirpura, Post Bodigama, Tehsil Bagidora,
District Banswara.
80. Sohanlal Damor S/o Rakma Damor, Aged About 32 Years,
Village Paniyala, Post Jhupel, Tehsil And District
Banswara.
81. Ishwar Lal Ninama S/o Mal Singh, Aged About 37 Years,
Village Sarasiya Pada, Post Machharsath, Tehsil
Sajjangarh, District Banswara.
82. Manjula Kumari D/o Kanti Lal W/o Sunil Kumar Dodiyar,
Aged About 27 Years, Village Naraniya, Post
Chandarwara, Tehsil Anandpuri, District Banswara.
83. Sangeeta D/o Hakar Singh W/o Nirmal Damor, Aged
About 32 Years, Village And Post Bhatar, Tehsil Garhi,
District Banswara.
84. Laxman Lal Garasiya S/o Kantu Garasiya, Aged About 31
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Years, Village Bhandara, Post Dhaler, Tehsil Gangar Talai,
District Banswara.
85. Santosh Kumar Damor S/o Gajraj Damor, Aged About 37
Years, Village Kanela, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
86. Nilesh Kumar Khant S/o Nathu Lal Khant, Aged About 31
Years, Village Thali Talai, Post Navaghara, Tehsil Garhi,
District Banswara.
87. Hitesh Kumar Charpota S/o Galal Charpota, Aged About
28 Years, Village Chibda Talai, Post Ador, Tehsil Garhi,
District Banswara.
88. Mukesh S/o Valajee, Aged About 29 Years, Village
Kikapada, Post Bagidora, Tehsil Bagidora, District
Banswara.
89. Khushbu Meena D/o Kishan Lal Meena, Aged About 22
Years, Village Naraniya, Post Kanela, Tehsil Anandpuri,
District Banswara.
90. Manoj Kumar Patel S/o Dhuleshwar Patel, Aged About 40
Years, Village Kanela, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
91. Indira Kharadi D/o Chhagan Lal Kharadi W/o Govind
Katara, Aged About 26 Years, Village Rayanpada, Post
Suwala, Tehsil Bagidora, District Banswara.
92. Indra Singh Damor S/o Gajraj Damor, Aged About 40
Years, Village Kanela, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
93. Kalawati Kumari D/o Gotam Lal W/o Sharad Garasia,
Aged About 26 Years, Village And Post Sangariya, Tehsil
Gangar Talai, District Banswara.
94. Vijay Pal Khant S/o Chhagan Lal Khant, Aged About 31
Years, Village Pachor, Post Chandarwara, Tehsil
Anandpuri, District Banswara.
95. Dhansukh Lal Bhagora S/o Madsya Bhagora, Aged About
43 Years, Village Ghoti Ki Todi, Post Maccharsath, Tehsil
Sajjanarh, District Banswara.
96. Sharad Garasia S/o Dhul Singh Garasia, Aged About 23
Years, Village And Post Sangariya, Tehsil Gangar Talai,
District Banswara.
97. Geeta D/o Pemji W/o Kaluram, Aged About 40 Years,
Gangara Talai, District Banswara.
98. Surta Kumari Patel D/o D/o Harji W/o Rajesh Ninama,
Aged About 30 Years, Village Sarasiya Pada, Post
Machhara Sath, Tehsil Sajjangarh, District Banswara.
99. Jhinu Lal Damor S/o Dev Singh Damor, Aged About 29
Years, Village Borkunda, Post Choura Bada, Tehsil
Sajjangarh, District Banswara.
100. Inna Maida D/o Bheriya Maida W/o Laxman Lal, Aged
About 37 Years, Village Sakarwat, Psot Chapariya, Tehsil
Abapura, District Banswara.
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101. Manorma Maida D/o Maku Maida W/o Dinesh Chand Rana,
Aged About 26 Years, Village And Post Timeda Bada,
Tehsil Kumbhalgarh, District Banswara.
102. Chetan Tabiyar D/o Ravji Tabiyar W/o Ramesh Chandra
Pargi, Aged About 26 Years, Village Dhodiya, Tehsil
Anandpuri, District Banswara.
103. Dhanpal Tabiyar S/o Virendra Tabiyar, Aged About 29
Years, Village And Post Khutatama, Tehsil Anandpuri,
District Banswara.
104. Sumitra D/o Kalu W/o Ranachod Pargi, Aged About 30
Years, Village And Post Falwa, Tehsil Anandpuri, District
Banswara.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Jaipur, Rajasthan.
2. The Director, Elementary Education , Rajasthan, Bikaner.
3. Zila Parishad Banswara, Through Its Chief Executive
Officer.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 02/04/2019 This writ petition has been filed by the petitioners essentially seeking similar directions as given in the case of Kamlesh Kalasua & Ors. v. State of Raj. & Ors.: SBCW No.13016/2018, decided on 25.03.2019.
This Court while deciding the case of Kamlesh Kalasua (supra) directed as under:-
"Consequently, the writ petitions filed by the petitioners are allowed. The respondents are directed to redraw the merit list pursuant to the advertisement dated 12.04.2018 for Teacher Gr.III (Level-I) for TSP area based on the principles laid down herein-before.(Downloaded on 27/06/2019 at 10:15:29 PM)
(8 of 8) [CW-4684/2019] It is made clear that except for the marks obtained by the ST candidates of Scheduled Areas in the REET/RTET, the restrictions on migration as applicable, would apply. On redrawing the merit list and on migrating the eligible candidates presently selected against the TSP (ST) category to TSP (General) category, the vacancies which occur in TSP(ST) category be filled up by the eligible candidates. Those candidates, who are now selected pursuant to the above exercise, would be entitled to all notional benefits based on the appointment accorded to the candidates, whose names appeared in the select list dated 01.06.2018. However, the candidates would be entitled to monitory benefits from the date they are accorded appointment by the respondents.
The entire exercise be undertaken and concluded by the respondents within a period of two months from the date of this order."
A perusal of the above direction would indicate that the direction is neither petitioner specific nor subject specific and, therefore, apparently there is no cause for the petitioners, who have approached this Court seeking similar relief as granted in the case of Kamlesh Kalasua (supra).
In view thereof, no directions are required to be issued in the present writ petition as the entire subject matter stands governed by the above order.
The petition stands disposed of accordingly.
(ARUN BHANSALI),J 199-AK Chouhan/-
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