Rajasthan High Court - Jodhpur
Beena Kumari Damor vs State Of Rajasthan on 2 April, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 4658/2019
1. Beena Kumari Damor W/o Arjun Lal Roat, Aged About 30
Years, D/o Buddhdev, Village Mana Talai, Post Galandar
Pal, District Dungarpur (Raj).
2. Bhura Lal Bamaniya S/o Kishan Lal Bamaniya, Aged
About 33 Years, Village Semliya, Post Garhi, District
Banswara.
3. Indira Ahari W/o Satish Kumar Khant, Aged About 28
Years, D/o Narayan Lal Ahari, Village Nanoda, Post
Dhambola, Tehsil Simalwara, District Dungarpur.
4. Ashok Kumar Damor S/o Naval Chand Damor, Aged About
24 Years, Village Bhandari, Post Jharani, Tehsil Simalwara,
District Dungarpur.
5. Kalawati Roat D/o Ramchandra Roat, Aged About 22
Years, Village Nayagaon, Post Surata, Tehsil Jhonthri,
District Dungarpur.
6. Indra Kumari Parmar W/o Mahendra Roat, Aged About 23
Years, D/o Ramsh Chandra Parmar, Vpo Bildi, Tehsil
Dungarpur, District Dungarpur.
7. Rinku Kumari Gameti W/o Ganesh Lal Pargee, Aged About
23 Years, D/o Heeralal Gameti, Vpo Khir Khaiya, Tehsil
Simalwara, District Dungarpur.
8. Geeta Kumari W/o Basant Lal Pargi, Aged About 34 Years,
D/o Dinesh , Khokharwa, Tehsil Chikhali, District
Dungarpur.
9. Popat Lal Ahari S/o Nanji Ahari, Aged About 33 Years,
Village Chakmahudi, Post Kakradara, Via Vikasnagar,
District Dungarpur.
10. Mukesh Kumar Pargi S/o Shamji Pargi, Aged About 32
Years, Vpo Sundrav, Tehsil Anandpuri, District Banswara.
11. Nirma Ahari W/o Om Prakash Roat, Aged About 27 Years,
D/o Kalu Lal Ahari, Bhesala Fala, Village Chouki, Post Mal,
District Dungarpur.
12. Ashok Kumar Katara S/o Thavra Katara, Aged About 27
Years, Ward No. 11, Dhamlat Fala, Gamdi Ahada, District
Dungarpur.
13. Vandana Charpota D/o Mohan Lal Charpota, Aged About
36 Years, Vpo Bhatar, Tehsil Garhi, District Banswara.
14. Laxman Lal Roat S/o Navalaji Roat, Aged About 32 Years,
Village Lodeshvar, Post Virat, Tehsil Sagwara, District
Dungarpur.
15. Jaya Kumari Roat W/o Rakesh Boha, Aged About 34
Years, D/o Kevala Roat, Village Kandula, Post Dewal Khas,
Tehsil And District Dungarpur.
16. Chanda Kumari Pargi W/o Jagdish Katara, Aged About 33
Years, D/o Bhanu Pratap Pargi, Village Dola, Post
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Thakarda, District Dungarpur.
17. Nanu Ram Roat S/o Balghar Roat, Aged About 32 Years,
Village Dolkunjela, Post Pagara, Via Vikas Nagar, Tehsil
Jhonthri, District Dungarpur.
18. Hemchand Garasiya S/o Ramaji Garasiya, Aged About 33
Years, Village Biloda, Post Arthuna, Tehsil Garhi, District
Banswara.
19. Naresh Kumar Khant S/o Ratan Lal Khant, Aged About 30
Years, Village Punja Khulri, Post Mundari, Tehsil
Anandpuri, District Banswara.
20. Sunil Damor S/o Basant Lal Damor, Aged About 24 Years,
Village And Post Limdi, Tehsil Sagwara, District
Dungarpur.
21. Indira Khant W/o Mukesh Chandra Damor, Aged About 32
Years, D/o Hiralal Khant, Village And Post Saranpur, Tehsil
Garhi, District Banswara.
22. Mukesh Chandra Damor S/o Kaluram Damor, Aged About
31 Years, Village And Post Saranpur, Tehsil Garhi, District
Banswara.
23. Kanti Lal Katara S/o Manohar Lal Katara, Aged About 32
Years, Village Jhamri, Post Daduka, Tehsil Garhi, District
Banswara.
24. Rishita Meena D/o Ashok Kumar Meena, Aged About 24
Years, 6/194, New Housing Board, Dungarpur, Permanent
Address Village And Post Bokhla Pal, District Dungarpur.
25. Mukesh Kumar Pargi S/o Shambhu Lal Pargi, Aged About
33 Years, Village And Post Menapada, Tehsil Anandpuri,
District Banswara.
26. Gopal Damor S/o Harji Damor, Aged About 35 Years,
Ward No. 4, Village And Post Pohari Patelan, Tehsil
Jhothri, District Dungarpur.
27. Arvind Damor S/o Kantilal Damor, Aged About 26 Years,
Village And Post Pohari Patelan, Tehsil Jhonthari, District
Dungarpur.
28. Mukesh Kumar Damor S/o Narayan Lal Damor, Aged
About 28 Years, Village Jhalari, Post Antri, District
Dungarpur.
29. Mani Lal Pargi S/o Ratan Lal Pargi, Aged About 30 Years,
Village And Post Obla, Tehsil Anandpuri, District
Banswara.
30. Vimal Prakash Parmar S/o Gorakha Mal, Aged About 25
Years, Village And Post Bhinda, Tehsil Simalwara, District
Dungarpur.
31. Suman Roat D/o Naresh Kumar Roat, Aged About 21
Years, Adarsh Gaov, Post Bedsa, Tehsil Simalwara, District
Dungarpur.
32. Renu Meena D/o Karulal Meena, Aged About 29 Years,
Village Dadodiya, Post Cheela Kherawara, Tehsil And
District Dungarpur.
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33. Chanda Kumari Gameti W/o Sanjay Kumar Katara, Aged
About 21 Years, D/o Heera Lal Gameti, Village And Post
Bhinda, Tehsil Jhonthari Pal, District Dungarpur.
34. Devendra Roat D/o Lal Singh Roat, Aged About 24 Years,
Village And Post Jhonthari, Tehsil Jhonthari, District
Dungarpur.
35. Arvind Kumar Kamol S/o Thavar Chand, Aged About 30
Years, Village Chhayana, Post Obla, Tehsil Anandpuri,
District Banswara.
36. Bhikha Lal Damor S/o Jiva Damor, Aged About 44 Years,
Village And Post Jhalap, Tehsil Simalwara, District
Dungarpur.
37. Mahendra Kharadi S/o Lal Singh Kharadi, Aged About 23
Years, Village Piplai Duda, Post Dokar, Tehsil Anandpuri,
District Banswara.
38. Basu Singh S/o Nanka, Aged About 33 Years, Village
Chikali Badra, Post Chikali Teja, Tehsil Anandpuri, District
Banswara.
39. Kanti Lal Chanana S/o Valaji, Aged About 38 Years,
Village Dhodhiya, Post Mundri, Tehsil Anandpuri, District
Banswara.
40. Pawan Kumari Meena W/o Ramesh Chandra, Aged About
30 Years, D/o Faniya Meena, Village Sanoti, Post
Kulthana, District Pratapgarh.
41. Pravin Kumar Roat S/o Kuber Chand Roat, Aged About 30
Years, Village And Post Bhinda, Tehsil Jhonthari, District
Dungarpur.
42. Popat Lal Roat S/o Kuber Chand Roat, Aged About 27
Years, Village And Post Bheenda, Tehsil Jhonthari Pal,
District Dungarpur.
43. Naresh Kumar Meena S/o Hanja Ram Meena, Aged About
28 Years, Village And Post Badla, Tehsil Kherwara, District
Udaipur.
44. Jeevat Ram Asari S/o Hakara Asari, Aged About 36 Years,
Village Kakardara, Post Borthi Brahman, Tehsil Kherwara,
District Udaipur.
45. Rohit Kumar Meena S/o Badri Lal Meena, Aged About 32
Years, Village Kelawara, Post Sulai, Tehsil Kherwara,
District Udaipur.
46. Pankaj Kumar Pargi S/o Ram Lal Pargi, Aged About 27
Years, Village And Post Dhangaon Via, Chikhali, Tehsil
Chikhali, District Dungarpur.
47. Gatu Lal Pargi S/o Soma Lal Pargi, Aged About 29 Years,
Village Chapro Ka Kuwa, Post Ubali, Tehsil Galiyakot,
District Dungarpur.
48. Harshwardhan Pargi S/o Soma Pargi, Aged About 31
Years, Village And Post Ramsour, Via Chikhali, Tehsil
Galiyakot, District Dungarpur.
49. Jeevat Ram Pargi S/o Chunni Lal Pargi, Aged About 24
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Years, Village Chaparo Ka Kuwa, Post Ubali, Tehsil
Galiyakot, District Dungarpur.
50. Khushbu Pargi W/o Dinesh Damor, Aged About 25 Years,
D/o Motiram Pargi, Village Gadamedtiya, Post Jasela,
Tehsil Galiyakot, District Dungarpur.
51. Shakuntala Tabiyad W/o Prabhulal Damor, Aged About 27
Years, D/o Champa Lal Tabiyad, Kaliya Fala, Vpo Bawdi,
Tehsil Chiikhli, District Dungarpur.
52. Natasha Kumari Meena D/o Hanja Ram Meena, Aged
About 29 Years, Village And Post Badla, Tehsil Kherwara,
District Udaipur.
53. Rajendra Kumar Kalauwa S/o Deva, Aged About 32 Years,
Village Pateliya, Post Pindarwa, Tehsil Bagidora, District
Banswara.
54. Sarla Damor S/o Khatu Damor, Aged About 33 Years,
Village Kikapada, Post Bagidora, Tehsil Bagidora, District
Banswara.
55. Prabhulal Adiwasi S/o Khaliya, Aged About 32 Years,
Village Pateliya, Post Pindarma, Tehsil Bagidora, District
Banswara.
56. Sangeeta Meena D/o Jeewa Ram Meena, Aged About 20
Years, Village And Post Masaro Ki Obri (Mahudi Fala),
Tehsil Rishabhdeo, District Udaipur.
57. Bapu Lal Garasiya S/o Sohan Lal, Aged About 26 Years,
Village Aamba, Post Mundri, Tehsil Anandpuri, District
Banswara.
58. Kokila Ahari W/o Chhagan Lal Kalusua, Aged About 28
Years, Village And Post Billiya Badagaon, Tehsil Sagwara,
District Dungarpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Jaipur, Rajasthan.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. Zila Parishad Dungarpur, Through Its Chief Executive
Officer.
4. Zila Parishad Banswara, Through Its Chief Executive
Officer.
5. Zila Parishad Udaipur, Through Its Chief Executive Officer.
6. Zila Parishad Pratapgarh, Through Its Chief Executive
Officer.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary
For Respondent(s) :
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HON'BLE MR. JUSTICE ARUN BHANSALI
Order 02/04/2019 This writ petition has been filed by the petitioners essentially seeking similar directions as given in the case of Kamlesh Kalasua & Ors. v. State of Raj. & Ors.: SBCW No.13016/2018, decided on 25.03.2019.
This Court while deciding the case of Kamlesh Kalasua (supra) directed as under:-
"Consequently, the writ petitions filed by the petitioners are allowed. The respondents are directed to redraw the merit list pursuant to the advertisement dated 12.04.2018 for Teacher Gr.III (Level-I) for TSP area based on the principles laid down herein-before.
It is made clear that except for the marks obtained by the ST candidates of Scheduled Areas in the REET/RTET, the restrictions on migration as applicable, would apply. On redrawing the merit list and on migrating the eligible candidates presently selected against the TSP (ST) category to TSP (General) category, the vacancies which occur in TSP(ST) category be filled up by the eligible candidates. Those candidates, who are now selected pursuant to the above exercise, would be entitled to all notional benefits based on the appointment accorded to the candidates, whose names appeared in the select list dated 01.06.2018. However, the candidates would be entitled to monitory benefits from the date they are accorded appointment by the respondents.
The entire exercise be undertaken and concluded by the respondents within a period of two months from the date of this order."
A perusal of the above direction would indicate that the direction is neither petitioner specific nor subject specific and, therefore, apparently there is no cause for the petitioners, who have approached this Court seeking similar relief as granted in the case of Kamlesh Kalasua (supra).
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(6 of 6) [CW-4658/2019] In view thereof, no directions are required to be issued in the present writ petition as the entire subject matter stands governed by the above order.
The petition stands disposed of accordingly.
(ARUN BHANSALI),J 197-AK Chouhan/-
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