Rajasthan High Court - Jaipur
Yogesh Gouttam S/O Shri Suraj Mal ... vs State Of Rajasthan on 27 May, 2022
Bench: Manindra Mohan Shrivastava, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 8176/2022
1. Yogesh Gouttam S/o Shri Suraj Mal Gouttam, Aged About
32 Years, R/o Jamat, Tehsil Niwai, District Tonk (Raj.).
2. Vaibhav Gautam S/o Shri Bal Kishan Gautam, Aged About
31 Years, R/o 1210, Mahaveer Nagar-Ii, Kota, District
Kota (Raj.).
3. Danish Siddiqui S/o Shri Abdul Latif, Aged About 40
Years, R/o Behind Maharaja Bheem Singh Haveli, Nala
Mohalla, Jhalawar City, District Jhalawar (Raj.).
4. Irfan Khan S/o Shri Abdul Rahim, Aged About 34 Years,
R/o Ward No.30, Balaji Road, Imam Baada, District
Jhalawar (Raj.).
5. Sonam Siddiqui D/o Shri Abdul Latif Siddiqui, Aged About
33 Years, R/o Behind Maharaja Bheem Singh Haveli, Nala
Mohalla, Jhalawar City, District Jhalawar (Raj.).
6. Dilip Sharma S/o Shri Surya Prakash, Aged About 29
Years, R/o Near Of Old Block School, Khanpur Road, Ward
No.30, District Jhalawar (Raj.).
7. Zahoor Ahmad S/o Shri Mohammed Hussain, Aged About
34 Years, R/o Ward No.20, Janki Nagar, Suket Road,
Ramganj Mandi, District Kota (Raj.).
8. Devendra Kumar Nagar S/o Shri Purushottam Nagar,
Aged About 30 Years, R/o 315, Nagar Mohalla,
Harnawada Shahji, Chhipabarod, District Baran (Raj.).
9. Surendra Kumar Mehra S/o Shri Sohan Lal Mehra, Aged
About 31 Years, R/o Neemsara, Kakrawada, District Kota
(Raj.).
10. Jitendra Kumar Sahu S/o Shri Rang Lal Sahu, Aged About
31 Years, R/o Saredi, District Jhalawar (Raj.).
11. Surbhi Sharma D/o Shri Virendra Kumar Sharma, Aged
About 25 Years, R/o Shri Ji Ke Mandir Ke Upar Ki Gali,
Baran, District Baran (Raj.).
12. Narendra Kumar Suman S/o Shri Ramesh Chandra
Suman, Aged About 29 Years, R/o Village Mothpur,
District Baran (Raj.).
13. Prem Kumar Rawal S/o Shri Shankar Nath, Aged About 29
Years, R/o Bhagora, District Banswara (Raj.).
14. Bharat Kumar Dhaker S/o Shri Jagdish Chand, Aged
About 30 Years, R/o 37, Dhakar Mohalla, Sohankhera,
Budh Khan, District Kota (Raj.).
15. Saurabh Yadav S/o Shri Rasbihari Yadav, Aged About 32
Years, R/o 771, Keshavpura, Sector No.7, Dadabari,
District Kota (Raj.).
16. Pavan Kumar Sharma S/o Shri Brahmanand Sharma,
Aged About 34 Years, R/o 28, Dhoreta, District Karauli
(Raj.).
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17. Pankaj Sharma S/o Shri Rajendra Kumar Sharma, Aged
About 33 Years, R/o Bharat Vidhya Niketan School,
Sultanpur, District Kota (Raj.).
18. Ramavtar Sharma S/o Shri Hanuman Prasad, Aged About
35 Years, R/o 5-F-24, Mahaveer Nagar-3, Kota, District
Kota (Raj.).
19. Shakir Husain S/o Shri Abdul Rahman, Aged About 34
Years, R/o 222, Near Of Jain Mandir, Badganv, District
Kota (Raj.).
20. Tahir Ali Hashmi S/o Shri Sikandar Ali Hashmi, Aged
About 35 Years, R/o Matunda Road, Viveka Nandpuram,
In Front Of Gas Godam, Ward No.37, District Bundi
(Raj.).
21. Rishi Pareta S/o Shri Ramesh Pareta, Aged About 34
Years, R/o 1-Ka-6, Teachers Colony, Kota, District Kota
(Raj.).
22. Akshay Kumar Sharma S/o Shri Ramswaroop Gaur, Aged
About 34 Years, R/o 2-N-14, Mahaveer Nagar Extension,
Sector-2, Dadabari, Kota, District Kota (Raj.).
23. Anish Mohammed S/o Shri Kutil Mohammed, Aged About
40 Years, R/o 2-B-13, Housing Board Colony, Banswara,
District Banswara (Raj.).
24. Vakul Yadav S/o Shri Vinod Yadav, Aged About 34 Years,
R/o 278, Wadiya Colony, Rati Talai, Banswara, District
Banswara (Raj.).
25. Tanu Gehlot D/o Shri Pankaj Gehlot, Aged About 34
Years, R/o 148-A, Main Road, Rati Talai, Banswara,
District Banswara (Raj.).
26. Ajay Kumar Joshi S/o Shri Dinesh Chandra Joshi, Aged
About 32 Years, R/o Ward No.10, Panchwara, District
Banswara (Raj.).
27. Kalu Ram Saini S/o Shri Bhanwar Lal Saini, Aged About
33 Years, R/o Baidh Ki Dhani, Sikar, District Sikar (Raj.).
28. Pushpendra Singh S/o Shri Ranveer Singh, Aged About 30
Years, R/o Jugeenpura, District Karauli (Raj.).
29. Sushil Milkee S/o Shri Babu Lal Sharma, Aged About 31
Years, R/o 154, Kishorpur Post, Post Pawta Gudhi, Tehsil
Wazirpur, District Sawai Madhopur (Raj.).
30. Mayank Sharma S/o Shri Vinod Kumar Sharma, Aged
About 35 Years, R/o Gali No. 12, New Basti, Sogariya,
District Kota (Raj.)
31. Shikha Gautam D/o Shri Prakash Gautam, Aged About 29
Years, R/o Purani Mandi Colony, Atru, District Baran (Raj.)
32. Rajeshwer Singh S/o Shri Mohan Singh, Aged About 36
Years, R/o Arauda, Hantra, District Bharatpur (Raj.)
33. Ritika Vyas D/o Shri Mahesh Vyas, Aged About 27 Years,
R/o H. No. 45, Keshav Nagar, Senthi, District Chittorgarh
(Raj.)
34. Aaqib Mustufa S/o Shri Shakeel Ahmed, Aged About 31
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Years, R/o Molvi Alladiya Ke Pass, Mohalla Rajban, Tonk,
District Tonk (Raj.)
35. Nidhi Jaradi D/o Shri Ishwar Jaradi, Aged About 30 Years,
R/o 269, Shree Guru Kripa, Tripoliya Road, Banswara,
District Banswara (Raj.)
36. Pradeep Giri S/o Shri Kailash Giri, Aged About 35 Years,
R/o Joshi Mohalla, Bhinay, District Ajmer (Raj.)
37. Pradeep Kumar S/o Shri Balbeer Singh, Aged About 38
Years, R/o 198, Ward No.13, Hawai Patti, Jhunjhunu,
District Jhunjhunu (Raj.)
38. Saurabh Sharma S/o Shri Surendra Kumar Sharma, Aged
About 38 Years, R/o 68-A, Jawahar Basti, Jalawar, District
Jalawar (Raj.)
39. Deshraj Sharma S/o Shri Hanuman Sahay Sharma, Aged
About 38 Years, R/o 58, Mohanpura, Jaipur, District Jaipur
(Raj.)
40. Rakesh Sharma S/o Shri Bhagwat Prasad, Aged About 41
Years, R/o Ward No. 3, Choukhandi Para, Bhusawar,
District Bharatpur (Raj.)
41. Aditya Pareek S/o Shri Ramesh Kumar Pareek, Aged
About 31 Years, R/o Dooni, District Tonk (Raj.)
42. Naitik Kumar Dosi S/o Shri Ramesh Chandra Dosi, Aged
About 32 Years, R/o Mali Phala, Bagidora, District
Banswara (Raj.)
43. Hariom Rathore S/o Shri Ramcharan Rathore, Aged About
32 Years, R/o 06, Keshavpura Rajput, Sector 4, Dadabari,
Kota, District Kota (Raj.)
44. Pawan Kumar Jangir S/o Shri Sitaram Jangir, Aged About
32 Years, R/o 164, Goginada Ka Rasta, Dooni, District
Tonk (Raj.)
45. Kamal Kumar Agrawal S/o Shri Prem Chand Agrawal,
Aged About 39 Years, R/o 1-Ta-18, Teachers Colony,
Keshavpura, Dadabari, Kota, District Kota (Raj.)
46. Brijesh Sen S/o Shri Jagdish Prasad Sen, Aged About 31
Years, R/o 67, Near Of Primary School, Dooni, District
Tonk (Raj.)
47. Mohammad Muntjir Khan S/o Shri Abdul Kayum Khan,
Aged About 28 Years, R/o H. No.-1, Near Of New Shahin
Public Senior Sec. School, Berkhandi, Post Batoda, Tehsil
Bamanwas, District Sawai Madhopur (Raj.)
48. Pankaj Patidar S/o Shri Akshayraj Patidar, Aged About 30
Years, R/o Ward No.1, Vilej Vanka, Galkiya, District
Banswara (Raj.)
49. Nitin Kumar Kaushik S/o Shri Yogesh Chandra Kaushik,
Aged About 32 Years, R/o 64, Sai Colony, Sumerpur,
District Pali (Raj.)
50. Vijay Singh Meena S/o Shri Chhote Lal Meena, Aged
About 29 Years, R/o Ratanapura, District Karauli (Raj.)
51. Yatin Joshi S/o Shri Narayan Lal Joshi, Aged About 31
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Years, R/o 43, Patidar Basti, Saredi Badi, Tehsil Garhi,
District Banswara (Raj.)
52. Nitin Vijay S/o Shri Ram Avatar Vijay, Aged About 30
Years, R/o 17, Kala Nagari, Kalwar Road, Govindpura,
District Jaipur (Raj.)
53. Rajendra Kumar Sharma S/o Shri Rampal Sharma, Aged
About 31 Years, R/o Rawalyo Ki Dhani, Ward No.2, Khadi
Bagh, Chomu, District Jaipur(Raj.).
54. Rameshwar Lal Dhaker S/o Shri Nand Lal Dhaker, Aged
About 32 Years, R/o Muroli, District Chittorgarh, (Raj.).
55. Manish Kumar Dixit S/o Shri Banwari Lal Sharma, Aged
About 39 Years, R/o Ashok Vihar, Ward No.17, Chomu,
District Jaipur (Raj.)
56. Shadab Khan S/o Shri Iqbal Mohammad, Aged About 30
Years, R/o Ajmer Road, Shiv Nagar Colony, Kekri, District
Ajmer (Raj.).
57. Mohasin Khan S/o Shri Saleem Khan, Aged About 30
Years, R/o Truck Stand, Brahmano Ka Mohalla, Malpura,
District Tonk(Raj.).
58. Avadhesh Sharma S/o Shri Babu Lal Sharma, Aged About
33 Years, R/o Bambor Road, Annpurna, District Tonk,
(Raj.).
59. Rakesh Kumar S/o Shri Vishnu Datt, Aged About 35
Years, R/o Gandhi Chowk Circle, Halena, District
Bharatpur (Raj.).
60. Ojash Pandya S/o Shri Prem Shankar Pandya, Aged About
28 Years, R/o Near Of Laxmi Narayan Chowk, Bassi
(Vassi), District Dungarpur (Raj.).
61. Rajesh Patidar S/o Shri Jagdish Patidar, Aged About 28
Years, R/o Vpo Chokhla, Tehsil Bagidora, District
Banswara (Raj.).
62. Anita Dhaker D/o Shri Shanti Lal Dhaker, W/o
Satyanarayan Dhaker, R/o 100, Near Sati Mata,
Sukhwara, District Chittorgarh (Raj.)
63. Shivraj Gurjar S/o Shri Ghasi Lal Gurjar, Aged About 32
Years, R/o Paniyala, District Sawai Madhopur (Raj.).
64. Mohammed Arif S/o Shri Shafique Mohammed, Aged
About 32 Years, R/o 280, Balaji Ki Gali, Jameetpura,
District Bundi (Raj.).
65. Muveen Khan S/o Shri Sumer Khan, Aged About 33 Years,
R/o Village Nyamatpur, Post Alamshaha, Tehsil Nagar,
District Bharatpur (Raj.)
66. Anukul Gurjar S/o Shri Birdi Chand Gurjar, Aged About 33
Years, R/o Village Asan, Post Amarwasi, Tehsil Jahazpur,
District Bhilwara (Raj.)
67. Abhishek Giri Goswami S/o Shri Pushp Giri Goswami,
Aged About 32 Years, R/o Vpo Kesunda, Chhoti Sadri,
District Pratapgarh (Raj.).
68. Rubina Ansari D/o Shri Abdul Wahid Ansari, Aged About
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32 Years, R/o Near Kailash Takiz, Ward No.6, Shastri
Nagar, Gangapur, District Bhilwara (Raj.).
69. Ritesh Agrawal S/o Shri Norat Mal Agrawal, Aged About
33 Years, R/o Near Agrawal Katpies Center, Nagadi Bazar,
District Bundi (Raj.)
70. Jasvendra Singh Dagur S/o Shri Dinesh Chand, Aged
About 33 Years, R/o Village Kheep Ka Pura, Post Jagar,
Tehsil Hindaun, District Karauli (Raj.)
71. Tulsi Aakhodiya S/o Shri Ram Niwas Jat, Aged About 30
Years, R/o Akodiya Patti, Wazirpur, District Sawai
Madhopur (Raj.)
72. Abhishek Vyas S/o Shri Rajendra Kumar Sharma, Aged
About 35 Years, R/o 2-H-24, Jawahar Nagar, Housing
Board, District Bundi (Raj.)
73. Ashish Kumar Goutam S/o Shri Mahaveer Prasad Sharma,
Aged About 31 Years, R/o Ward No. 2, Aligarh, District
Tonk (Raj.)
74. Pawan Kumar Nagar S/o Shri Chauth Mal Nagar, Aged
About 32 Years, R/o 253, Krishan Nagar, Choru, Tehsil
Uniyara, District Tonk (Raj.)
75. Ashish Kashyap S/o Shri Satyanarayan Kashyap, Aged
About 35 Years, R/o Chhota Bazar, Kaasa Pada, Bundi,
District Bundi (Raj.)
76. Lal Chand Purviya S/o Shri Bajarang Lal Purviya, Aged
About 32 Years, R/o Village Meharu, Todaraisingh, District
Tonk (Raj.)
77. Abhijeet Singh Chouhan S/o Shri Umarav Singh Chouhan,
Aged About 33 Years, R/o Hari Om Nagar, Near Old Water
Tank, Madar Hospital, Madar, Ajmer, District Ajmer (Raj.)
78. Vimal Kotpal S/o Shri Laxman Kotpal, Aged About 31
Years, R/o 1149/32, Arya Nagar, Ajmer, District Ajmer
(Raj.)
79. Mukesh Kumar Prajapat S/o Shri Kalu Ram, Aged About
34 Years, R/o Raghunath Vihar Colony, Ward No. 16,
Bindayika, Jhotwara, District Jaipur (Raj.)
80. Rahul Kalal S/o Shri Narayan Lal Patel, Aged About 32
Years, R/o Kalinjara, Tehsil Bagidaura, District Banswara
(Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Personnel (A-Group-Iii), Government Of Rajasthan,
Jaipur (Raj.).
2. The Joint Administrative Secretary, Department Of
Personnel (A-Group-Iii), Government Of Rajasthan, Jaipur
(Raj.).
3. The Principal Secretary, Department Of Education,
Government Of Rajasthan, Jaipur (Raj.).
4. The Director, Department Of Secondary Education,
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Bikaner (Raj.).
5. Rajasthan Staff Selection Board, State Agriculture
Management Institute Premises, Durgapura, Jaipur
Through Its Chairman, Rajasthan Staff Selection Board,
Jaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. Ashindra Gautam For Respondent(s) :
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/05/2022 Heard.
The validity of provisions with regard to qualifications for Direct Recruitment on the post of Basic Computer Instructor is directed in Schedule II of Rajasthan Education (State and Subordinate) Service Rules, 2021 as amended vide Rajasthan Education (State and Subordinate) Service (Amendment) Rules, 2022 vide notification dated 07.01.2022 is challenged on the sole premise and contention that a provision ought to have been made providing for grant of bonus marks for working on the post of Vocational Trainer (IT) in various Government schools. It is submitted that non consideration of service rendered as Vocational Trainer (IT) is arbitrary.
Challenge to the legislature action or rule making action can be made on very limited grounds. If the legislation/ rule framing does not violate any of the provision of the Constitution of India or the provision of any enabling Act, challenging to such legislatures action would not be permissible under the law. (Downloaded on 24/12/2022 at 11:18:44 PM)
(7 of 7) [CW-8176/2022] The claim for grant of bonus marks in the matter of selection is essentially seeking direction by the Court to direct the rule making authority to amend statutory policy in a particular manner so as to grant benefit to a particular class of employees. Whether or not in a given case, bonus should be included for weightage as a measure of policy in the matter of recruitment to any public post, is essentially a matter for consideration of rule making authority and not for the Court.
Present is not a case that another set of employees similarly situated as petitioners are being granted benefit of bonus marks and petitioners are being subjected to hostile discrimination so as to say that such a classification is arbitrary and violative of Article 14 of the Constitution of India.
Non prescription of bonus marks, by itself, without any thing more, cannot be a ground to challenge the validity of regulation. It is also not a case that petitioners are working on the post in contractual, temporary or daily wage basis which has now been opened for direct recruitment and there is no consideration for grant of bonus/ weightage for the period of service already rendered on the post for which recruitment has been opened.
The petition in our consideration is misconceived and not maintainable and same is accordingly dismissed. (SUDESH BANSAL),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ NITIN /87 (Downloaded on 24/12/2022 at 11:18:44 PM) Powered by TCPDF (www.tcpdf.org)