Rajasthan High Court - Jodhpur
Ganga Vishan Gujrati & Ors vs State Of Rajasthan & Ors on 9 May, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6299 / 2017
1. Ganga Vishan Gujarati Son of Shri Gordhan Ram, Aged About
46 Years, By Caste Mahetar, Resident of 2/77, Gujrati Palace Jai
Narayan Vyas Colony, Nagaur, District- Nagaur.
2. Ram Ratan Son of Shri Prabhu Ram, Aged About 43 Years, By
Caste Regar, Resident of Dhani Purohitan, Tehsil Kishangarh,
District Ajmer.
3. Jabar Dan Son of Shri Bhom Dan, Aged About 50 Years, By
Caste Charan, Resident of 8, Jada Amala, New Mali Colony,
Udaipur.
4. Jai Prakash Meghvanshi Son of Shri Nathu Lal Ji, Aged About 41
Years, By Caste Meghvanshi, Resident of Rolan Niwas, Kishan
Gurnani Mohalla, Ganj Ajmer, District Ajmer.
5. Santosh Kumar Sunariwal Son of Shri Bhanwar Lal Sunariwal,
Aged About 44 Years, By Caste Sunariwal, Resident of Plot No. 5,
Chitrakoot Colony, Chourasiawas Road, Vaishali Nagar, Ajmer.
----Petitioners
Versus
1. The State of Rajasthan Through the Principal Secretary,
Revenue Department, Government of Rajasthan, Jaipur.
2. Board of Revenue for Rajasthan At Ajmer, Through Its Registrar.
3. Rajasthan Kanungo Sangh, House No. 1, Ekta Vihar, Malviya
Nagar Chowk, Rajgarh Road, Alwar Through Its President.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10930 / 2017
1. Dr. Suresh Chandra Nahar S/o Pyar Chand Nahar, Aged About
39 Years, By Caste Nahar, Resident of 31 Pratap Colony, Badgaon,
Udaipur.
2. Hanuman Singh S/o Sh. Sultan Ram, Aged About 40 Years, By
Caste Meghwal, Resident of Village Post Dalpatpura, Tehsil Nohar,
District Hanumangarh.
3. Tejpal Pareek S/o Sh. Vidhyadhar Pareek, Aged About 39 Years,
By Caste Brahmin, Resident of Gopalbadi, Behind Krishi Upaj
Mandi Samiti, Sujangarh, District Churu.
4. Nar Singh Charan S/o Sh. Bhanwar Dan, Aged About 40 Years,
By Caste Charan, Resident of Near Hand Pump Marudhar Colony,
Nagaur.
5. Hemant Sharma S/o Sh. Mohan Lal Sharma, Aged About 42
Years, Resident of 50 New Shiv Nagar, Udaipur.
----Petitioners
Versus
1. The State of Rajasthan Through the Principal Secretary,
Revenue Department, Government of Rajasthan, Jaipur.
(2 of 3)
2. Board of Revenue for Rajasthan, At Ajmer Through Its
Registrar.
3. Rajasthan Kanunga Sangh, House No. 1, Ekta Vihar, Malviya
Nagar Chowk, Rajgarh Road, Alwar Through Its President.
----Respondents
S.B. Civil Writ Petition No. 11496 / 2017
Ram Dhan S/o Shri Het Ram, Aged About 41 Years, Cast Bishnoi,
Resident of Tyagi Market, Chunti Sara Road, Rathori Kua, Nagaur
----Petitioner
Versus
1. The State of Rajasthan Through the Principal Secretary,
Revenue Department, Government of Rajasthan, Jaipur.
2. Board of Revenue for Rajasthan At Ajmer Through Its Registrar.
3. Rajasthan Kanunga Singh, House No. 1, Ekta Vihar, Malviya
Nagar Chowk, Rajgarh Road, Alwar Through Its President.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. M.S. Singhvi Senior Advocate assisted by
Mr. Abhishek Mehta
Mr. B.S. Sandhu
Mr. Abhimanyu Singh
For Respondent(s) : Mr. Kuldeep Mathur
Dr. Pratishtha Dave
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 09/05/2018 The application (I.A. No. 6328/2017) filed by the applicants Harbans Lal & others for being impleaded as party is rejected in view of the submissions made by learned counsel for the petitioners that Rajasthan Kanungo Sangh is party respondent to the present writ petitions, which is represented and that the applicants are Members of the said Sangh.
At the request of learned counsel for the parties, the matters have been finally heard.
These writ petitions have been filed by the petitioners (3 of 3) aggrieved against order dated 08.05.2017 passed by the respondents, wherein, it has been directed that the year of recruitment of the petitioners shall be considered as 2014-15.
Several issues have been raised in the writ petitions questioning the validity of the order. However, it is submitted that in the case of Ganga Vishan Gurjarati & Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No. 6530/2016, decided on 19.04.2018 as this Court has taken the view that persons selected through limited competitive examination would be entitled to seniority qua year of recruitment based on the year to which such vacancies relate, the order passed by the respondents dated 08.05.2017 (Annexure-17) looses significance inasmuch as the basis of the order i.e. the persons selected through limited competitive examination were direct recruits, has been negated by this Court in the case of Ganga Vishan Gurjarati (supra).
In view of the above fact situation, which is not disputed by learned counsel for the respondents, in view of principles laid down in the case of Ganga Vishan Gurjarati (supra), the order dated 08.05.2017 is set aside.
The writ petitions filed by the petitioners stand disposed of accordingly.
(ARUN BHANSALI)J. A.K. Chouhan/-17-19