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Rajasthan High Court - Jodhpur

Sushil Kumar vs State Of Rajasthan on 10 August, 2020

Bench: Sangeet Lodha, Rameshwar Vyas

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                  D.B. Spl. Appl. Writ No. 65/2020

1.    Sushil Kumar S/o Shri Surendra Kumar, Aged About 35
      Years, B/c Brahmin, R/o Surya Nagar, Hanumangarh
      Town, Rajasthan.
2.    Anup Kumar Shama S/o Shri Rameshwar Dayal, Aged
      About 33 Years, B/c Brahmin, R/o 119/370, Mansarovar,
      Jaipur, Rajasthan.
3.    Om Prakash Gaur S/o Shri Ganesha Ram Gaur, Aged
      About   36    Years,       B/c    Brahmin,         R/o     Mithara     Khurd,
      Dhorrimanna, Barmer, Rajasthan.
4.    Vinod Kumar Pareek S/o Shri Rewat Mal Pareek, Aged
      About 43 Years, B/c Brahmin, R/o Dayalpura, Deedwana,
      District Nagaurff, Rajasthan.
5.    Devendra Singh S/o Shri Krishna Kumar Singh, Aged
      About 35 Years, B/c Rajput, R/o 210, Taranagar, Near
      Khirani Phatak, Jhotwara, Jaipur, Rajasthan.
6.    Rekha Rani D/o Shri Ashok Kumar, Aged About 37 Years,
      B/c Arora, R/o Ward No. 9, Near Bsnl Tower, Suratgarh,
      District Ganganagar, Rajasthan.
7.    Kunal Deedwaniya S/o Shri Rajendra Prashad, Aged About
      34 Years, B/c Brahmin, R/o Ward No. 13, Laxminath
      Mandir, Begun, District Chittorgarh, Rajasthan.
8.    Rajendra Singh S/o Shri Rewant Singh, Aged About 37
      Years, B/c Rajput, R/o Dhanu Giroda Meetha, District
      Nagaur, Rajasthan.
9.    Deen Bandhu S/o Shri Kailash Chandra Sharma, Aged
      About 41 Years, B/c Brahmin, R/o Gaur Niwas, Gogado Ka
      Chowk, Deedwana, District Nagaur, Rajasthan.
                                                                     ----Appellants
                                   Versus
1.    State   Of    Rajasthan,         Through         The      Chief    Secretary,
      Government        Of     Rajasthan,         Government            Secretariat,
      Jaipur. Rajasthan.
2.    Principal Secretary, Education Department, Government
      Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.
3.    Principal     Secretary,           Department             Of       Personnel,
      Government        Of     Rajasthan,         Government            Secretariat,


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                                            (2 of 3)                 [SAW-65/2020]


       Jaipur, Rajasthan.
4.     Board   Of   Secondary          Education,        Ajmer,    Through   Its
       Chairman, Ajmer, Rajasthan.
5.     Directorate Of Secondary Education, Bikaner, Through Its
       Secretary, Bikaner, Rajasthan.
6.     Rajasthan       Public       Service           Commission,      Through
       Chairman/secretary, Ajmer, Rajasthan.
7.     Amrit Lal Paliwal S/o Shri Radhkrishna Paliwal, Aged
       About 37 Years, B/c Brahmin, R/o 477, Dhamtann Ka Bas,
       Tehsil Bap, District Jodhpur, Rajasthan.
8.     Hitesh Kumar Purohit S/o Shri Hari Shankar Purohit, Aged
       About 44 Years, B/c Brahmin, R/o Post Surwaniya, District
       Banswara, Rajasthan.
9.     Om Prakash Sharma S/o Shri Prabhati Lal Sharma, Aged
       About 34 Years, B/c Brahmin, R/o Ward No. 37 Chomu,
       Jaipur, Rajasthan.
                                                                ----Respondents


For Appellant(s)         :     Dr. Nupur Bhati
For Respondent(s)        :     Mr. Vishwash Khatri for Mr. Rakesh
                               Arora



           HON'BLE MR. JUSTICE SANGEET LODHA

HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 10/08/2020

1. This intra court appeal is directed against order dated 19.12.19 passed by the learned Single Judge of this Court, whereby the writ petitions preferred by the petitioners seeking directions to provide reservation admissible to Economically Weaker Sections (EWS) pursuant to the notification dated 19.2.19 issued by the State Government, in the selection process initiated by the Rajasthan Public Service Commission (RPSC) for appointment to the post of Headmaster vide advertisement dated 28.3.18, has been dismissed in light of a coordinate Bench (Downloaded on 13/08/2020 at 08:34:30 PM) (3 of 3) [SAW-65/2020] decision of Jaipur Bench of this Court dated 6.12.19 rendered in S.B. Civil Writ Petition No.13208/2019 : Surendra Singh Rathore Vs. State of Rajasthan & Others and other connected petitions.

2. It is noticed that while implementing the reservation provided, vide circular dated 23.6.19, the State Government excluded the recruitment process where examinations were already held or the process for preparation of the merit list was at the verge of completion.

3. Indisputably, the validity of the circular dated 23.6.19 issued by the State Government as aforesaid has already been upheld by this Court vide judgment dated 20.7.20 rendered in D.B.Special Writ No.176/20 'Bhagvat Singh & Ors. vs. State of Rajasthan & Ors.'. and other connected appeals.

4. We are of the considered opinion that the controversy involved in the present special appeal stands squarely covered by the Bench decision of this Court in Bhagvat Singh's case (supra).

5. Accordingly, the special appeal is dismissed in light of decision of this Court in Bhagvat Singh's case (supra).

                                   (RAMESHWAR VYAS),J                                          (SANGEET LODHA),J
                                    1-Aditya/-




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