Rajasthan High Court - Jodhpur
Sarita Kandara vs State Of Rajasthan on 27 September, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
4JODHPUR
S.B. Civil Writ No. 14533/2018
1. Sarita Kandara W/o Shri Narpatlal, Aged About 40 Years,
By Caste Valmiki, Surya Colony, Jodhpur
2. Smt. Asha Dharu W/o Shri Ajay Kumar Dharu, Aged
About 36 Years, By Caste Valmiki, 36, Mahadev Colony,
Lakharo Ka Baas, Harijan Basti, Jodhpur
3. Smt. Sunita W/o Shri Kundan Lal, Aged About 39 Years,
By Caste Valmiki, 2252, Sargara Colony, Jodhpur
4. Smt. Sarita W/o Dharmendra, Aged About 34 Years, By
Caste Valmiki, Juni Bagar Chowck, Harijan Basti, Jodhpur
5. Smt. Sunita W/o Shri Jai Prakash, Aged About 44 Years,
By Caste Valmiki, Rajiv Gandhi Colony, Pal Link Road,
Jodhpur
6. Sunny S/o Shri Jai Prakash, Aged About 24 Years, By
Caste Valmiki, Rajiv Gandhi Colony, Pal Link Road,
Jodhpur
7. Smt Dault W/o Late Shri Kamal Kumar, Aged About 36
Years, By Caste Vlmiki, 822, Rajiv Gandhi Colony, Pal Link
Road, Jodhpur
8. Smt. Rakhi W/o Shri Akshay Kumar, Aged About 35 Years,
By Caste Valmiki, Rajiv Gandhi Colony, Pal Link Road,
Jodhpur
9. Smt. Maya W/o Late Shri Sanesh Kumar, Aged About 38
Years, By Caste Valmiki, Rajiv Gandhi Colony, Pal Link
Road, Jodhpur
10. Smt. Vandana W/o Shri Dushyant, Aged About 31 Years,
Lakharo Ka Bass, Harijan Basti, Jodhpur
11. Dushyant S/o Shri Bheem Raj, Aged About 36 Years, By
Caste Valmiki, Lakharo Ka Bass, Harijan Basti, Jodhpur
12. Smt. Kiran W/o Shri Vinod Kumar, Aged About 38 Years,
By Caste Valmiki, Lakharo Ka Bass, Harijan Basti, Jodhpur
13. Smt. Sangeeta W/o Shri Jeetha Ram, Aged About 34
Years, By Caste Valmiki, Rajiv Gandhi Colony, Jodhpur
14. Kundanlal S/o Shri Mangla Ram, Aged About 44 Years, By
Caste Valmiki, Mahesh Hostel, Bombay Motors, Harijan
Basti, Jodhpur
15. Tara Chand S/o Shri Suresh Chandra, Aged About 38
(2 of 5) [CW-14533/2018]
Years, By Caste Valmiki, Prathvipura, Harijan Basti,
Rasala Road, Jodhpur
16. Smt Pappu Devi W/o Shri Tara Chand, Aged About 36
Years, Prathvipura, Harijan Basti, Rasala Road, Jodhpur
17. Smt. Aarti W/o Shri Ghanshyam, Aged About 30 Years, By
Caste Valmiki, Sanjay Gandhi Colony, Luni, Jodhpur
18. Mukesh S/o Shri Radheyshyam, Aged About 36 Years, By
Caste Valmiki, Kalla Chowck, Udai Mandir, Jodhpur
19. Arvind S/o Shri Jagdish, Aged About 39 Years, By Caste
Valmiki, Plot No. 115, Shanti Nagar, Masuriya, Jodhpur
20. Smt. Pooja W/o Shri Arvind, Aged About 29 Years, By
Caste Valmiki, Plot No. 115, Shanti Nagar, Masuriya,
Jodhpur
21. Anand Kumar S/o Shri Ramesh Kumar, Aged About 28
Years, By Caste Valmiki, Plot No. 115, Shanti Nagar,
Masuriya, Jodhpur
22. Smt. Preeti W/o Shri Anand Kumar, Aged About 25 Years,
By Caste Valmiki, Plot No. 115, Shanti Nagar, Masuriya,
Jodhpur
23. Sunil S/o Shri Amraram Ji, Aged About 43 Years, By Caste
Valmiki, Ram Bagh Chowck, Kaga Colony, Jodhpur
24. Sangeeta W/o Shri Sunil Kumar, Aged About 40 Years, By
Caste Valmiki, Ram Bagh Chowck, Kaga Colony, Jodhpur
25. Pooja Kumari W/o Shri Sunny Gharu, Aged About 22
Years, By Caste Valmiki, Rajiv Gandhi Colony, Pal Link
Road, Jodhpur
26. Ajay Gharu S/o Shri Jai Prakash, Aged About 22 Years, By
Caste Valmiki, Rajiv Gandhi Colony, Pal Link Road,
Jodhpur
27. Aman S/o Shri Rajesh, Aged About 20 Years, By Caste
Valmiki, Ajmer.
28. Mahesh S/o Shri Ramji Lal Chanwariya, Aged About 32
Years, By Caste Valmiki, Nasirabad, Ajmer
29. Mukesh Kalla S/o Shri Haridas, Aged About 38 Years, By
Caste Valmiki, Harijan Basti, Rai Ka Bagh, Jodhpur
30. Sm. Suraj Kanwar Gujrati W/o Shri Sunil, Aged About 32
Years, By Caste Valmiki, Prathvipura, Jodhpur
31. Dev Kishan S/o Shri Surja Ram, Aged About 33 Years, By
Caste Valmiki, Prathvipura, Jodhpur
(3 of 5) [CW-14533/2018]
32. Dinesh Jawa S/o Shri Purkha Ram Jawa, Aged About 45
Years, By Caste Valmiki, Prathvipura, Harijan Basti,
Jodhpur
33. Smt. Kiran W/o Shri Raju, Aged About 41 Years, By Caste
Valmiki, Harijan Basti, Kaga Colony, Nagori Gate, Jodhpur
34. Ms. Raveena D/o Shri Dinesh, Aged About 22 Years, By
Caste Valmiki, Prathvipura, Rasala Road, Harijan Basti,
Jodhpur
35. Rakhi W/o Radheyshyam, Aged About 38 Years, By Caste
Valmiki, Prathvipura, Rasala Road, Harijan Basti, Jodhpur
36. Dev Kishan S/o Shri Surjaram, Aged About 30 Years, By
Caste Valmiki, Rasala Road, Jodhpur
37. Pushpa W/o Shri Kishan Lal, Aged About 36 Years, By
Caste Valmiki, Rai Ka Bagh, Harijan Basti, Jodhpur
38. Kiran Jawa W/o Shri Ravindra Jawa, Aged About 34 Years,
By Caste Valmiki, Rai Ka Bagh, Harijan Basti, Jodhpur
39. Ravindra S/o Shri Shyam Lal, Aged About 36 Years, By
Caste Valmiki, Rai Ka Bagh, Harijan Basti, Jodhpur
40. Kamal Kishore S/o Shri Babulal, Aged About 45 Years, By
Caste Valmiki, Prathvipura, Rasala Road, Harijan Basti,
Jodhpur
41. Rakesh Kumar S/o Shri Suresh Kumar, Aged About 35
Years, By Caste Valmiki, Vishnu Nagar, Digadi Kalla,
Jodhpur
42. Pankaj S/o Shri Hanuman, Aged About 29 Years, By Caste
Valmiki, Shiv Shakti Colony, Jodhpur
43. Jyoti W/o Late Shri Kishan, Aged About 24 Years, By
Caste Valmiki, Shiv Shakti Colony, Jodhpur
44. Prakash S/o Shri Radheyshyam, Aged About 36 Years, By
Caste Valmiki, Ghodo Ka Chowck, Harijan Basti, Jodhpur
45. Sangeeta W/o Shri Prakash, Aged About 33 Years, By
Caste Valmiki, Ghodo Ka Chowck, Harijan Basti, Jodhpur
46. Om Prakash S/o Shri Sugna Ram, Aged About 47 Years,
By Caste Valmiki, Rai Ka Bagh, Harijan Basti, Jodhpur
47. Rekha W/o Shri Natwar Lal, Aged About 30 Years, By
Caste Valmiki, Harijan Basti, Jalori Gate, Jodhpur
48. Santosh S/o Shri Vinay, Aged About 38 Years, By Caste
Valmiki, Masuriya, Harijan Basti, Jodhpur
49. Poonam W/o Shri Ajay Jawa, Aged About 19 Years, By
(4 of 5) [CW-14533/2018]
Caste Valmiki, Harijan Basti, Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Local
Self Department, Government Of Rajasthan, Jaipur (Raj.)
2. Municipal Council Jodhpur, Through Executive Officer,
Jodhpur
3. Commissioner, Municipal Corporation, Jodhpur
----Respondents
For Petitioner(s) : Mr. Kaushal Gautam
For Respondent(s) : Mr. M.S. Champawat for
Mr. Rajesh Panwar, AAG
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 27/09/2018 Learned counsel for the parties submit that the issues raised in the present writ petition are squarely covered by judgment of this Court in Ravi Jajot v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.10496/2018, decided on 30.8.2018 and, therefore, the present writ petition may also be decided in terms of the said judgment.
In the case of Ravi Jajot (supra), a Coordinate Bench of this Court after dealing with the issues, raised therein, inter alia, directed as under:-
"57. Learned counsel for the respondents further states that as far as the discrepancies of underage, overage, third child, false affidavits, false experience and all other ineligibilities are concerned, the respondents are prepared to consider the respective representation of the parties concerned, which shall be decided by passing a speaking order, strictly in accordance with law. Learned counsel for the respondents also states that the multiple (5 of 5) [CW-14533/2018] applicants shall also be disqualified, even if they got selected in one of the applications.
58. Learned counsel for the respondents further stated that the due reservation of Ex- servicemen, handicapped and women categories alongwith the horizontal reservation have been strictly adopted, in accordance with law. However, any representation, if given regarding non-applicability of the reservation of handicapped persons or ex- servicemen, the same shall also be considered and decided by passing a speaking order strictly in accordance with law.
59. Learned counsel for the respondents also stated that the redressal mechanism provided in Section 53 of the Rajasthan Municipalities Act would not apply in this case, because the recruitments are being conducted by the respondents strictly in accordance with law, while adopting a uniform procedure. However, all the grievances, except for, which are raised here in these cases, the same shall be considered, if raised before the respondents, by passing a speaking order strictly in accordance with law.
60. Learned counsel for the respondents further submitted that as far as the preferential appointment is concerned, the same cannot be accepted in this case, as the lottery was opened by standard computer software, and thus, no manual role was there in opening of the lottery, as per the uniform criteria adopted all over the Rajasthan, and hence, any person being relative of any other person would not make any impact, as there was no discretion available on the part of the selectors, as the appointments were made strictly on the basis of computerized lottery system."
In view of the submissions made, the writ petition filed by the petitioner is allowed in terms of judgment in the case of Ravi Jajot (supra) with similar directions as noticed hereinbefore.
(ARUN BHANSALI),J A.K. Chouhan/-396 Powered by TCPDF (www.tcpdf.org)