Rajasthan High Court - Jodhpur
Phool Chand Gupta vs The State Of Rajasthan on 6 August, 2018
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 11208/2018
1. Phool Chand Gupta S/o Bradhi Chand Gupta, Aged About
32 Years, Plot No. 247, Shri Shiv Nagar, Nayala Road, Jai
Singh Pura Khor, Jaipur, At Present Posted At Gups Basni
Bainda Dhani, Mandore, Jodhpur.
2. Balwan Singh, Aged About 31 Years, Village Dholpaliya,
Post Kalana, Tehsil Bhadra, District Hanuman Garh, At
Present Posted At Govt. Secondary School Jemala, Block
Baap, District Jodhpur.
3. Rakesh Kumar Meena, Aged About 30 Years, Village
Medrajsingpura, Dhani- Deepola, Tehsil And Post
Jamwaramgarh, District Jaipur, Presently Posted At Gups
Ajabar Hanuwant Nagar Balesar, Jodhpur.
4. Ravindra Kumar, Aged About 27 Years, Village Dhani
Poonia, Post Jharsar Chhota, Tehsil Tarangar, Churu
Rajasthan Presently Posted At Gups Brahmano Ki Dhani,
Balesar, Jodhpur.
5. Mukesh Kumar Meena, Aged About 36 Years, Fatehpur,
Tehsil Bansur, District Alwar, Presently Posted At Gups
Ajabar (Hanwant Nagar), Balesar, Jodhpur.
6. Bhag Chand Meena, Aged About 40 Years, Toda
Jaisinghpura, Post Dariba Project, Tehsil Rajgarh, District
Alwar, Presently Posted At Gups Gopalsar Bhakhari
(Devgarh-I, Block Balesar, Jodhpur.
7. Suman Kumari, Aged About 32 Years, Village Sitsar, Post
Abusar, District Jhunjhunu, Presently Posted At Gups
Jaiwal Godara, Jajiwal, Kallaix, Mandor, Jodhpur.
8. Sonu Sharma, Aged About 29 Years, V/p Pratapgarh,
Tehsil Thanagazi, Dist. Alwar, Presently Posted At Gups
Katarda (Bhandu), Luni Jodhpur.
9. Kavita, Aged About 35 Years, 514, Dilip Nagar, Lal Sagar,
Mandor, Jodhpur, At Presently Posted At Gups Shahid Shri
Lal Singh Khinchi, Karvad, Mandore, Jodhpur.
10. Saroj Kumari, Aged About 29 Years, Vpo- Ladusar, Tehsil
Malsisar, District Jhunjhunu, Presently Posted At Gups
Shahid Shri Lal Singh Khinchi, Karvad, Mandore, Jodhpur.
11. Sunita Rajput, Aged About 48 Years, Adrash Colony
Behind Arya Samaj Mandir, Alwar Road, Kishangarh Bas,
(2 of 11) [CW-11208/2018]
Dist. Alwar, Presently Posted At Gups Shahid Shri Lal
Singh Khinchi, Karvad, Mandore, Jodhpur.
12. Suresh Kanwar, Aged About 29 Years, Village Dadhawara,
Teh. Merta City, District Nagaur, Presently Posted At Gups
Jajiwal, Jambhasar Banad, Jodhpur.
13. Kailash Meena, Aged About 32 Years, Village- Kheroli,
Post Gp- Ballop, Teh. Talera, District Bundi, Presently
Posted At Gups Nimbo Ki Dhani (Navalsar) Jiyaberi, Block
Balesar, Jodhpur.
14. Dharmendra Singh Jat, Aged About 30 Years, Village
Nekawala, Post Bobari, Via-Gathwari, Teh.
Jamwaramgarh, Jaipur, Presently Posted At Gups
Ghuriyala Nimbo Ka Gaon, Balesar, Jodhpur.
15. Asharam Bairwa, Aged About 30 Years, Village Borda,
Post Balapura, Tehsil Nainwan, District Bundi, Presently
Posted At Gups Jinjinyala Govinda, Nimbo Ka Gav, Block
Balesar, District Jodhpur.
16. Shankar Lal Meena, Aged About 32 Years, Village
Shyampura, Post Palari, Waya- Maid, Teh. Virat Nagar,
Dist. Jaipur, Presently Posted At Gups Gups Jinjinyala
Govinda, Nimbo Ka Gav, Block Balesar, District Jodhpur.
17. Narendra Mohan Singh, Aged About 32 Years, Village Pali,
Tehsil Jamwa Ramgarh, Dist. Jaipur, Presently Posted At
Gups Jiyaberi, Nimbo Kanasar, Gopalsar, Block Balesar,
Jodhpur.
18. Vipin Kumar, Aged About 31 Years, Bharounda Khurd, Via
Islampur, Dist. Jhunjhunu, Presently Posted At Gups
Bhilon Ki Dhani, Baran Khurd, Osian, Jodhpur.
19. Vimal Singh, Aged About 32 Years, Village And Post Band-
Baretha, Tehsil Bayana, District Bharatpur, Presently
Posted At Gups Jhariya Bera, Akalkhori Osian, Jodhpur.
20. Preetam Singh, Aged About 36 Years, P.no. 474, Devi
Nagar, Chandna Bhakar, Jodhpur, Presently Posted At
Gups, Meer Mohd. Ki Dhani Meerpura, Sabarser,
Shergarh, Jodhpur.
21. Ishver Singh, Aged About 31 Years, Vpo Ramsara Tal,
Tehsil- Rajgarh, District Churu, Presently Posted At Gups
Meer Mohd. Ki Dhani, Meerpura, Sabarsar Shergarh,
Jodhpur.
22. Prem Prakash Meena, Aged About 30 Years, Village Khora
(3 of 11) [CW-11208/2018]
Chouhan, Post Berer, Tehsil Reni, District Alwar, Presently
Posted At Gups Meer Mohd. Ki Dhani, Meerpura, Sabarsar
Shergarh, Jodhpur.
23. Narendra Kumar, Aged About 30 Years, Village Shivnagar,
Post Bhoj Nagar, Teh. Nawalgarh, District Jhunjhunu,
Presently Posted At Gups, Chindri (Nandia Khurd) Block
Baori, Dist. Jodhpur.
24. Suman Meena, Aged About 32 Years, V/p Chandupura,
Tehsil Rajgarh, District Alwar, Presently Posted At Gups,
Bhagatasani, Block Luni, Dist. Jodhpur.
25. Jagdis Panwar, Aged About 28 Years, Vip- Kosana, Tehsil
Pipar City, District Jodhpur, Presently Posted At Gups
Dhako Ki Dhani, Dabur, Malraaj, Lohawat, Jodhpur.
26. Surbhi Khandelwal, Aged About 24 Years, Ganesh Sadan
Behind Post Office Jobner, Tehsil Fulera, Jaipur, Presently
Posted At Gups Rampura, Bhopalgarh, Jodhpur.
27. Rahul Kumar Meena, Aged About 28 Years, Village
Anawara, Post Dubbi, Teh. Rajgarh, District Alwar,
Presently Posted At Gups Hapasar, Dera, Sekhala,
Jodhpur.
28. Gajendra Deora, Aged About 26 Years, Deora Ka Bas,
Subhash Chowk, Bhopalgarh, Distt. Jodhpur, Presently
Posted At Gups Lunavpura, Konari, P.s. Balesar, Distt.
Jodhpur.
29. Rakesh Kumar Meena, Aged About 31 Years, Pecific
Childran Academy Ke Pas, Sanik Nagar, Gangapur City,
Sawai Madhopur, Presently Posted At Gups Madeji Ki
Dhani Deda Madasar Deda Sekhala, Jodhpur.
30. Urmilesh Kumar Meena, Aged About 29 Years, Village
Jagannathpura, Post Folai, Tehsil K. Patan, District Bundi,
Presently Posted At Gps Bhilo Ki Dhani, Bapunagar,
Shergarh, District Jodhpur.
31. Rajendra Kumar Bairwa, Aged About 31 Years, Village
Jahawar Nagar, Post Aamli, Tehsil Bundi, District Bundi,
Presently Posted At Ggups Somesar, District Shergarh,
Rajasthan.
32. Brij Lata Meena, Aged About 34 Years, Kodiyo Ki Dhani,
Village Potali, Post Dharampura, Tehsil Jamwa Ramgarh,
District Jaipur, Presently Posted At Gups Made Ji Ki Dhani,
Madasar, Deda, Block Serwala, Panchayat Samiti Serwala,
(4 of 11) [CW-11208/2018]
District Jodhpur.
33. Mangla Ram, Aged About 27 Years, V/p Lumbansar
(Suwalia), Teh. Shergarh, District Jodhpur, Presently
Posted At Gups Bhilon Ka Bera, Suwalia, Tehsil Shergarh,
District Jodhpur.
34. Chandra Prakash Panwar, Aged About 31 Years, 1-S-18,
Near Shoping Centre, Pratap Nagar, Jodhpur, Presently
Posted At Bhamboao Ki Dhani, Bawarli, Panchayat Samiti
Balesar, Jodhpur.
35. Vijay Kumar, Aged About 37 Years, Khadawo Ki Bas, Villae
Post- Madliya, Tehsil Pipar City, District Jodhpur, Presently
Posted At Gups Bandiyanada, Shiv Nagar, Budkiya,
Bhopalgarh, Jodhpur.
36. Mukesh Kumar, Aged About 36 Years, Ward No.8, Vpo-
Alsisar, Teh.- Malsisar, Dist. Jhujhunu, Presently Posted At
Gups, M.d. Kolu Pabuji, Dechu, Jodhpur.
37. Ram Niwas, Aged About 29 Years, Village Rajlani, Tehsil
Bhopalgarh, Distt. Jodhpur, Presently Posted At Gups
Gurjaro Ki Dhani, Bhopalgarh, District Jodhpur.
38. Sunita, Aged About 25 Years, Kalwa Road, Buhana,
Jhunjhunu, Presently Posted At Gps, Biramgarh, Sekhala,
District Jodhpur.
39. Manju, Aged About 31 Years, Village Indrapura, Post
Bijawa, Tehsil Rajgarh, District Churu, Presently Posted At
Gups, Badi Dhani, Bap, Panchayat Samiti Bap, Jodhpur.
40. Tarun Patel, Aged About 32 Years, Arihant Colony, Bilara,
Jodhpur, Presently Posted At Gups Timbadi Khirja, Tibana,
Shergarh, Jodhpur.
41. Rekham Meena, Aged About 27 Years, C-35, J.p. Colony
Tonk Fatak, Jaipur, Presently Posted At Gps Champ Kalaro
Ki Dhani, Naneu, Panchayat Samiti Phalodi, District
Jodhpur.
42. Rajbala Bishnoi, Aged About 32 Years, Village Savrij, Via
Dechu, Tehsil Phalodi, District Jodhpur, Presently Posted
At Gups Udanio Ki Dhani, Savrij, Panchayat Samiti
Phalodi, Jodhpur.
43. Ganesh Kumar, Aged About 32 Years, Meghwalo Ki Dhani
Jaloda, Tehsil Phalodi, Distt. Jodhpur, Presently Posted At
Gups Puroton Ki Dhani, Dhaneshwar Nagar, Pabuji Dechu,
District Jodhpur.
(5 of 11) [CW-11208/2018]
44. Dharam Bir Singh, Aged About 34 Years, H.no. 63,
Bhawani Nagar, Udasar, Road Bikaner, Raj. Presently
Posted At Gups- Jatavas, Ompura, Panchayat Samiti
Bapini, Jodhpur.
45. Madan Lal Manda, Aged About 34 Years, Santosi Mata
Mandir Ki Gali, Ward No. 11, Post Chhapar, Teh.
Sujangarh, Dist. Churu, Presently Posted At Gups Jatavas,
Ompura, Bapini, District Jodhpur.
46. Sunil Kumar Sen, Aged About 32 Years, Opp Nari Shala,
Tower Road Gali No.2, Subhash Nagar, Distt. Ajmer,
Presently Posted At Ggups Padasla, Panchayat Samiti
Bapini, District Jodhpur.
47. Laxmi Narayan Saini, Aged About 26 Years, Via Post
Saloli, Tehsil Reni, District Alwar, Presently Posted At Gups
Tikamsingh Ka Bera Kanodia Purohitan, Panchayat Samiti
Sekhala, Distt. Jodhpur.
48. Mohd. Zakir, Aged About 39 Years, Village And Post-
Malarna Doonger (Behlimpada), Tehsil Malarna Doonger,
District Sawai Madhopur, Presently Posted At Gups
Gelawas, Panchayat Samiti Luni, Jodhpur.
49. Anita Bai Yadav, Aged About 29 Years, Village- Gandhi
Nagar, Post Shyopur, Teh. Mandwar, District Alwar,
Presently Posted At Gups Piparlai Salwa Kalan, Mandore,
District Jodhpur.
50. Chandrabhan Palriya, Aged About 28 Years, Village
Dhadhriya Kallan, Via- Khajwana, Teh. Degana, District
Nagaur, Presently Posted At Gps, Chohano Ka Bera,
Khariya, Block Bapini, District Jodhpur.
51. Ashok Kumar Beniwal, Aged About 31 Years, Ambedkar
Nagar, Manoharpur, Tehsil Shahpura, Dist. Jaipur,
Presently Posted At Gss, Khariya, Block Bapini, District
Jodhpur.
52. Soman Singh, Aged About 25 Years, Hingoli, Post
Surpura, Presently Posted At Gups Adarsh Baori Khurd,
Phalodi, District Jodhpur.
53. Sandeep Kumar, Aged About 34 Years, V/p Jharoda, Tehsil
Buhana, District Jhujhunu, Presently Posted At Gups
Bavari Khurd, Bavari Kallan, Phalodi, Jodhpur.
54. Dhara Singh, Aged About 39 Years, V/p Sundrawali, Tehsil
Nagar, District Bharatpur, Presently Posted At Gps
(6 of 11) [CW-11208/2018]
Mayakoriya Bavri Kallan, Phalodi, Distt. Jodhpur.
55. Mohan Lal Raigar, Aged About 31 Years, V/p Sakhoon,
Teh. Dudu, Distt. Jaipur, Presently Posted At Gps
Kishanpura, Bavri Khurd, Bavri Kallan, Teh. Phalodi,
District Jodhpur.
56. Hardeen Ram, Aged About 35 Years, Village Malawas,
Post Kosana, Via Pipar City, Tehsil Pipar City, Distt.
Jodhpur, Presently Posted At Gups Lalpura, Gram
Panchayat Govindpura, Panchayat Samiti Dechu, Distt.
Jodhpur.
57. Suresh, Aged About 34 Years, V/p Somana, Via Deh,
Tehsil Jayal, Distt. Nagaur, Presently Posted At Gups
Lalpura, Gram Panchayat Govindpura, Panchayat Samiti
Dechu, Jodhpur.
58. Khursheed Aalam, Aged About 27 Years, Village And Post
Nua, Tehsil And District Jhunjhunu, Presently Posted At
Gups Dedabera, Chandsama (Dechu), Gram Panchayat
Chandsama, Panchayat Samiti Dechu, Jodhpur.
59. Dhokal Ram, Aged About 29 Years, Machro Ki Dhaniya,
Vpo Nandiya Kallan, Tehsil Baori, Distt. Jodhpur, Presently
Posted At Gups Dhaneshwar Nagar, Kaloo Pabuji, Dechu,
Rajasthan.
60. Suresh Ram, Aged About 28 Years, Village Rampura-B,
Post Jharely, Tehsil Jayal, Distt. Nagaur, Presently Working
At Govt. Sen. Sec. School Barsingon Ka Bas Mangeria,
Block Bhopalgarh, Distt. Jodhpur, (Raj.).
61. Tarachand, Aged About 36 Years, Village Malawas, Post
Kosana, Tehsil Pipar City, Distt. Jodhpur, Presently
Working At Gups Bhojakhor Kua, Panchayat Samiti Dechu,
Distt. Jodhpur.
62. Kusum Lata Kakerda, Aged About 30 Years, House No.3-
B-4, Rajasthan Housing Board, Seghwa Road, Senti, Distt.
Chittorgarh, Presently Posting At Gups Kanawas Ka
Panna, Tehsil Mandore, Distt. Jodhpur.
63. Abdul Matin, Aged About 30 Years, Lakhotiya Ka Chowk,
Gopal Dwara Road, Jaitaran, Distt. Pali, Rajasthan,
Presently Posting At Gups Tambariya Khurd, Hiradesar,
Bhopalgarh, Distt. Jodhpur.
64. Baldev Kadvasara, Aged About 30 Years, Village Aantroli
Sanga, Post Jawla, Tehsil Parbthsar, Distt. Nagaur,
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Presently Posted At Gups- Kalavas, Bhopalgarh, Jodhpur.
65. Krishn Pal Singh, Aged About 28 Years, Ajaniyo Ki Dhani,
Dayakaour Road, Bishnawas, Panchayat Samiti Lohawat,
Distt. Jodhpur, Presently Posted At Sksps Janguo Ki
Dhani, Swami G. Ki Dhani, Nayaber, Lohawat, Distt.
Jodhpur.
66. Superndra Kumari Yadav, Aged About 44 Years,
Dhundhriya, Post Papali, Tehsil Behroad, Distt. Alwar,
Presently Posting At Gups Nimala, Kakani Block Luni,
Distt. Jodhpur, Raj.
67. Sandeep Kumar, Aged About 34 Years, V/p Balara, Tehsil
Jetaran, Distt. Pali, Presently Posted At Gups Jaton Ki
Dhani, Jatipura, Block Osian, Distt. Jodhpur.
68. Pradhuman Choudhary, Aged About 29 Years,
Murawatiyon Ki Dhani, Noorpura Ward No. 11, Post
Makrana, Tehsil Makrana, Distt. Nagaur, Presently Posted
At Gups Todiyana Palri Ranawatan, Bhopalgarh, Jodhpur.
69. Atar Singh Meena, Aged About 29 Years, Village Divsya,
Post Mahukalan, Tehsil Gangapur City, Distt.
Sawaimadhopur, Presently Posting At Gups Berathali,
Rawatgarh, Govindpura, Dechu, Distt. Jodhpur.
70. Raghuveer Singh, Aged About 25 Years, Shitol Sadan,
Gopal Chowk, Post Peelwa, Jodhpur, Presently Posted At
Gups Deram Nagar, Bhojakor, (Dechu), Jodhpur.
71. Anju Choudhary, Aged About 30 Years, W/o Ramswaroop
Jalvania, Village Post- Nadsar, Via Bhopalgarh, Distt.
Jodhpur, Presently Posted At Gps Orewala Bhilo Ki Dhani,
Bera Khurd, Block- Osian, Distt. Jodhpur.
72. Sita Ram Meena, Aged About 33 Years, Vpo- Jawati
Khurd, Post- Bambori, Tehsil And Distt. Bundi, Presently
Posted At Gups, Bengati, Khurd, Phalodi, Jodhpur.
73. Raj Kumar Mali, Aged About 27 Years, Vpo- Bhasu, Tehsil-
Todaraisingh, District Tonk, Presently Posted At Gups,
Bengati, Khurd, Phalodi, Jodhpur.
74. Laxman Meena, Aged About 32 Years, Vpo- Radhapura,
Chhindod, Tehsil Kisahanganj, Distt. Baran, Presently
Posted At Gps Ajeetgarh Pabosar, Shergarh, Jodhpur.
75. Sunil Kumar Vishnoi, Aged About 29 Years, Palariyo Ki
Dhani Shivpuri, Jambheswar Nagar, Lohawat, Tehsil
Lohawat, Distt. Jodhpur, Presently Posted At Gups
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Patawato Ki Dhani, Nimbo Ka Talab, Tehsil Bapini,
Jodhpur.
76. Raj Kumar Mali, Aged About 27 Years, Vpo- Bhasu, Tehsil
Todaraisingh, Distt. Tonk, Presently Posted At Gups
Bangati Khurd, Phalodi, Jodhpur.
77. Sonu Prajapat, Aged About 27 Years, Vpo- Fatiyabad,
Kishangarh Bas, Alwar, Presently Posted At Gps Sevro Ki
Dhani, Pabusar, Shergarh, Jodhpur.
78. Subhash Bohra, Aged About 34 Years, Bramapuri Bhatiyo
Ka Bas, Jodhpur, Presently Posted At Gups Gelawas,
Panchayat Samiti Luni, Jodhpur.
79. Sandeep Kumar Tailor, Aged About 32 Years, Darji Mohalla
Main Market, Village And Post Bhandarez, Tehsil And
District Dausa, Presently Posted At Gups Tikamgarh,
Agolai, Balesar, Distt. Jodhpur.
80. Jitendra Kumar Meena, Aged About 33 Years, Village
Birasana, Post Dholkhera, Tehsil Mahwa, Distt. Dausa,
Presently Posted At Gups Tikamgarh, Agolai, Balesar,
Distt. Jodhpur, Raj.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Rural And Panchayati Raj, Government Of
Rajasthan, Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government Of
Rajasthan, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District
Bikaner, Rajasthan.
4. The Chief Executive Officer, Zila Parishad Jodhpur, District
Jodhpur, Rajasthan.
5. District Establishment Committee Through Its Chairman,
Zila Parishad Jodhpur, Raj.
6. The District Education Officer, Elementary Education,
District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. T.S. Rathore
(9 of 11) [CW-11208/2018]
HON'BLE MR. JUSTICE P.K. LOHRA
Order 06/08/2018 It is stated at Bar by learned counsel for the petitioners that pertaining to the same recruitment, similarly circumstanced persons had approached Jaipur Bench of this Court by way of preferring S.B. Civil Writ Petition No.21214/2017 (Om Prakash & Ors. V/s. State of Rajasthan & Ors.) and the said petition is decided on 21st of November, 2017 granting reliefs to those petitioners in light of the judgment rendered in Hemlata Shrimali & Ors. V/s. State of Rajasthan (S.B. Civil Writ Petition No.3247/2015, decided on 1st of April, 2015) and also relying upon the adjudication made in case of Suman Bai & Anr. V/s. State of Rajasthan & Ors. [2009 (1) WLC (Raj) 381]. Learned counsel has, therefore, urged that present petition may also be decided in light of the judgment in case of Om Prakash (supra).
In case of Om Prakash (supra), the Bench at Jaipur after noticing orders in the case of Hemlata Shrimali (supra) and Suman Bai (supra) observed as under:-
"Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015: Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:
"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification (10 of 11) [CW-11208/2018] application of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.
6. I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of the candidates in the merit list based on common selection. Even otherwise, no such intention (11 of 11) [CW-11208/2018] of the Court is discernible from reading of that judgment. Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.
7. In the result, this writ petition is allowed and the respondents are directed to treat the petitioners senior to respondents No.4 to 8 as per their placement in the merit list."
Learned counsel for the petitioners further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above.
Ordered accordingly."
In view of the above, present writ petition of the petitioners is also disposed of in the light of order passed in the case of Om Prakash (supra).
(P.K. LOHRA),J Bharti/10 Powered by TCPDF (www.tcpdf.org)