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Rajasthan High Court - Jodhpur

Bajrang Singh Shekhawat & Ors vs The State Of Raj. & Ors on 5 May, 2017

Bench: Chief Justice, Pushpendra Singh Bhati

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             D.B. Civil Writ Petition No. 13310 / 2016
1. Bajrang Singh Shekhawat S/o Shri Narayan Singh Shekhawat,
Aged About 53 Years, Plot No. 152/88, Laxman Nagar A, Banar
Road, Jodhpur (Raj.)

2. Jain Narayan S/o Shri Ram Chandra Ji, Magra Punjla, District-
Jodhpur (Raj.)

3. Pawan Kumar Vyas S/o Shri Kanhaiya Lal Vyas, Fateh Sagar
Canal, Jodhpur (Raj.)

4. Dinendra Kumar S/o Shri Ranu Lal, Shambhu Bhwan, Fateh
Sagar Canal, Jodhpur (Raj.)

5. Shankar Singh Rathore S/o Sunil Bachan Singh Rathore, Plot
No. 62, Ramdev Nagar, Nandri, District- Jodhpur (Raj.)
                                                     ----Petitioners
                               Versus
1. The State of Rajasthan Through Its Secretary,, Department of
Education, Government Secretariat, Rajasthan, Jaipur

2. The Secretary Department of Personnel,, Government of
Rajasthan, Government Secretariat, Jaipur

3. The Director,, Secondary Education, Bikaner

4. The Director, Elementary Education, Bikaner

5. The District Education Officer (Secondary),, Jodhpur

6. The District Education Officer (Elementary),, Jodhpur
                                                  ----Respondents
_____________________________________________________
For Petitioner(s)    :Mr. Ripudaman Singh for Mr. Hanuman Singh
                        Choudhary
For Respondent(s) :Mr. PR Singh, AAG
_____________________________________________________
                    HON'BLE THE CHIEF JUSTICE

     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order 05/05/2017 (2 of 2) [CW-13310/2016]

1. Validity of Rule 15 (x) and Rule 25(I) of the Rajasthan Vidhyalay Sahayak Subordinate Services Rule 2015 has been challenged in the writ petition.

2. In a reasoned judgment dated December 08, 2015 passed in D.B. Civil Writ Petition No.9918/2015, the validity of Rule 15(x) was upheld but as regards Rule 25(I) it was declared to be ultra-vires.

3. In that view of the matter we need not trouble ourselves.

4. But as regards petitioners no benefit would accrue to them inasmuch as notwithstanding they being entitled to bonus marks on account of experience claimed by them, they will be ineligible on account of being overage.

5. Noting above and declaring above, the writ petition is dismissed.

6. No cost.

(DR.PUSHPENDRA SINGH BHATI)J. (PRADEEP NANDRAJOG)CJ. sudheer