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Rajasthan High Court - Jodhpur

Ashutosh Pareek vs State Of Rajasthan on 18 May, 2022

Author: Arun Bhansali

Bench: Arun Bhansali

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
              S.B. Civil Writ Petition No. 5136/2022

1.    Ashutosh Pareek S/o Krishan Gopal Pareek, Aged About 33
      Years, 10-M-21, R.c. Vyas Colony, Near Navjeevan School,
      Bhilwara (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Rayla, District Bhilwara.
2.    Rajesh Kumar Ojha S/o Murli Manohar Ojha, Aged About 32
      Years, Village And Post Brahmano Ki Sareri, Tehsil Asind,
      District Bhilwara (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Mod Ka Nimbahera, District Bhilwara.
3.    Kailash Gurjar S/o Debi Lal Gurjar, Aged About 28 Years,
      Village Koli Kheda, Post Mandal, Tehsil Mandal, District
      Bhilwara (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Sardar Nagar, Bhilwara.
4.    Jaya Choudhary D/o Ratan Lal Jat, Aged About 33 Years, 4-
      O-25, R.c. Vyas Colony, Bhilwara (Rajasthan). Presently
      Posted At Govt. Sr. Secondary School, Subhash Nagar,
      Bhilwara.
5.    Anoop Singh S/o Shri Rajendra Singh, Aged About 34 Years,
      H.no.925/1, Leela Viihar Colony, Behind Midway Hotel,
      Dholpur (Rajasthan). Presently Posted At Govt. Sr. Secondary
      School, Mangrol, District Dholpur.
6.    Amit Kumar Savita S/o Rajendra Savita, Aged About 32
      Years, Vpo Panchgaon, Tehsil And District Dholpur
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Panchgaon, District Dholpur.
7.    Bahadur Singh Solanki S/o Devi Singh Solanki, Aged About
      27 Years, Gandhi Chowk New Market, Near Panchayat Samiti,
      Badnor, District Bhilwara (Rajasthan). Presently Posted At
      Adarsh Govt. Sr. Secondary School, Agariya, District
      Rajsamand.
8.    Nadeem Bagwan S/o Dildar Bagwan, Aged About 26 Years,
      482-A, Eidgah Road, Pathan Colony, Naya Gaon, District Pali
      (Rajasthan). Presently Posted At Seth Mukan Chand Baliiya
      Govt. Girls Sr. Secondary School, Pali.
9.    Sultana Khanam D/o Abdul Mabdod, Aged About 29 Years,
      Pathan Mohalla, Bhinai, District Ajmer (Rajasthan). Presently
      Posted At Govt. Girls Higher Secondary School, Hamirgarh,
      District Bhilwara.
10.   Faiz Rehman S/o Late Dr. Habibu Rehman, Aged About 47
      Years, A-288, R.k. Colony, Bhilwara (Rajasthan). Presently
      Posted At Govt. Sr. Secondary School, Pratap Nagar,
      Bhilwara.
11.   Praksh Chandra Dhakar S/o Banshi Lal Dhakar, Aged About
      30 Years, Village Amarpura (Parsoli), Tehsil Begun, District
      Chittorgarh (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Barundani, District Bhilwara.
12.   Jitendra Dadhich S/o Naval Chand Dadhich, Aged About 31
      Years, 85, Baniyo Ka Mohalla, Village Barol, Post Ganwar,

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      Tehsil Malpura, District Tonk (Rajasthan). Presently Posted At
      Govt. Sr. Secondary School, Kekri, District Ajmer.
13.   Deepak Ojha S/o Late Satyanarayan Ojha, Aged About 36
      Years, 98, Near Char Bhuja Temple, Subhash Nagar, Bhilwara
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Dhuwala, Bhilwara.
14.   Mahaveer Prasad Chouhan S/o Onkar Ram, Aged About 32
      Years, Ward No.32, Salashar Road, Singhi Bass, Didwana,
      District Nagaur (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Kadera, District Ajmer.
15.   Sohan Lal S/o Dalaram Rebari, Aged About 34 Years, Rebari
      Vas Sarupganj, Tehsil Pindwara, District Sirohi (Rajasthan).
      Presently Posted At Shri Sambhavnath Govt. Sr. Secondary
      School, Bera, District Pali.
                                                                   ----Petitioners
                                   Versus
1.    State Of Rajasthan, Through The Secretary, Department Of
      School Education, Secretariat, Government Of Rajasthan,
      Jaipur, Rajasthan.
2.    The   Principal   Secretary,  Department     Of   Personnel,
      Secretariat, Government Of Rajasthan, Jaipur, Rajasthan.
3.    Director, Secondary Education, Bikaner, District Bikaner,
      Rajasthan.
4.    State Projector Director, Rajasthan Council Of Secondary
      Education, Jhawarlal Nehru Marg, Jaipur, Rajasthan.
5.    Commissioner, Rajasthan Council Of School                       Education,
      Jhawarlal Nehru Marg, Jaipur, Rajasthan.
6.    Rajasthan Staff Selection Board, Through Its Secretary,
      Agriculture Management Institute Building, Durgapura,
      Jaipur, Rajasthan.
7.    Chairman, Rajasthan Staff Selection Board, Agriculture
      Management Institute Building, Durgapura, Jaipur, Rajasthan.
                                                                 ----Respondents
                            Connected With
               S.B. Civil Writ Petition No. 3861/2022
1.    Pankaj Mewara S/o Uday Raj, Aged About 30 Years, Ramdev
      Colony, Jodhpur Road, Bar, Tehsil Raipur, District Pali
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Sojat Road, Pali.
2.    Kuldeep Singh Parmar S/o Laxman Singh Parmar, Aged About
      29 Years, H.no.2/40, Housing Board Colony, Bari Road,
      Dholpur (Rajasthan). Presently Posted At Govt. Girls Sr.
      Secondary School, Bari, Dholpur.
3.    Naveen Pareek S/o Shambhu Dayal Pareek, Aged About 30
      Years, Ward No.54, Near Choudhary Well, Sardarshahar,
      District Churu (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Ghantel, District Churu.
4.    Keshri Chand S/o Mota Ram, Aged About 24 Years, Ward


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      No.18, Near Of Water Tank, Dariba, Bidasar, District Churu
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Bidasar, District Churu.
5.    Anil Kumar Sharma S/o Buddha Lal Sharma, Aged About 30
      Years, Village Dagdaga, Tehsil Reni, District Alwar
      (Rajasthan). Presently Posted At Govt. Girls Sr. Secondary
      School, Sarmathura, District Dholpur.
6.    Gajendra Singh S/o Ram Bharosi, Aged About 21 Years, Vpo
      Mamodhan, Tehsil Baseri, District Dholpur (Rajasthan).
      Presently Posted At Govt. Sr. Secondary School, Sarani
      Khera, Dholpur.
7.    Suraj Mal Saini S/o Harfool Saini, Aged About 34 Years, Ward
      No.24, Near Court Chhawani, Neem Ka Thana, District Sikar
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Bhudoli, Neem Ka Thana, Sikar.
8.    Ramesh Kumar S/o Karna Ram, Aged About 32 Years, Vpo
      Gunga, Tehsil Sheo, District Barmer (Rajasthan). Presently
      Posted At Govt. Sr. Secondary School, Fatehgarh, District
      Jaisalmer.
9.    Ashok Puri Goswami S/o Himmat Puri, Aged About 34 Years,
      Vpo Langera, District Barmer (Rajasthan). Presently Posted
      At Govt. Sr. Secondary School, Jhinjhinyali, District Jaisalmer.
10.   Kuldeep Sharma S/o Ramesh Chand Sharma, Aged About 37
      Years, Mahadev Gali, Falna, District Pali (Rajasthan).
      Presently Posted At Govt. Sr. Secondary School, Ranigaon,
      District Pali.
11.   Ram Sharma S/o Sampat Lal Sharma, Aged About 29 Years,
      Lalji Ki Bawari, Gangori Chowk, Didwana, District Nagaur
      (Rajasthan). Presently Posted At Govt. Higher Secondary
      School, Gudha Bhagwandas, Nagaur.
12.   Lakhan Sharma S/o Sampat Lal Sharma, Aged About 29
      Years, Lalji Ki Bawari, Gangori Chowk, Didwana, District
      Nagaur (Rajasthan). Presently Posted At Govt. Higher
      Secondary School, Gudha Bhagwandas, Nagaur.
13.   Mukesh Bhoi S/o Velchand Bhoi, Aged About 29 Years, Vpo
      Metwala, Tehsil Garhi, District Banswara (Rajasthan).
      Presently Posted At Govt. Sr. Secondary School, Aau, Block
      Bapini, Jodhpur.
14.   Naveen Kumar S/o Kamal Singh, Aged About 34 Years, 186,
      Prajapat Mohalla, Village Iraniya, Post Enteda, Tehsil
      Laxmangarh, District Alwar (Rajasthan). Presently Posted At
      Govt. Sr. Secondary School, Padna, Girwa, Dist. Udaipur.
15.   Suresh Keer S/o Late Madan Lal, Aged About 30 Years, 119,
      Maharana Pratap Setu Marg, Kailash Nagar, Chittorgarh
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Ambamata, Girwa, Dist. Udaipur.
16.   Prabhu Ram Meena S/o Mangi Lal Meena, Aged About 44
      Years, Presently Posted At Mahatma Gandhi Govt. School
      (Old Building), Sirohi.
17.   Girish Kumar Sharma S/o Prem Kumar, Aged About 30 Years,


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      125, New Colony Sambhriya Road, Kanota, Jaipur
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Palsana, Sikar.
18.   Kishori Shyam Saini S/o Bhagwan Sahay Saini, Aged About
      27 Years, Vpo Nonera, Near Shiv Temple, Tehsil Kaman,
      District Bharatpur (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Daiya, Dist. Udaipur.
19.   Anil Kumar S/o Bansi Lal, Aged About 31 Years, Vpo Padewa,
      Tehsil Khetri, District Jhunjhunu (Rajasthan). Presently
      Posted At Smt. Bhagwan Devi Bhuwalka Govt. Sr. Secondary
      School, Ratangarh, Dist. Churu.
20.   Laxman Ram S/o Chunni Lal, Aged About 31 Years,
      Brahmano Ka Vas, Near Raj International School, Sanchore,
      Dist. Jalore (Rajasthan). Presently Posted At Govt. Sr.
      Secondary School, Golasan, Dist. Jalore.
21.   Nemaram S/o Rooparam, Aged About 31 Years, Sewala
      Nagar, Kakani, Tehsil Luni, District Jodhpur (Rajasthan).
      Presently Posted At Govt. Sr. Secondary School, Badgaon,
      Dist. Jalore.
22.   Arvind Kumar Sharma S/o Rajendra Prasad Sharma, Aged
      About 30 Years, Vikash Colony, Laxmangarh, Alwar
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Chhani, Kherwara, District Udaipur.
23.   Prahlad Ray Kumawat S/o Ram Niwas Kumawat, Aged About
      37 Years, Vpo Govati, Via Palsana, District Sikar (Rajasthan).
      Presently Posted At Govt. Sr. Secondary School, Roopgarh,
      Dist. Sikar.
24.   Pushpendra Parasar S/o Omprakash Sharma, Aged About 28
      Years, New Colony, Near New Hospital, Village And Tehsil
      Masalpur, District Karauli (Rajasthan). Presently Posted At
      Govt. Sr. Secondary School, Mavli Junction, Udaipur.
25.   Chandresh Sepat S/o Durga Lal Sepat, Aged About 31 Years,
      Vpo Ghar, Tehsil Dooni, District Tonk (Rajasthan). Presently
      Posted At Govt. Sr. Secondary School, Bhaleri, Block
      Taranagar, District Churu.
26.   Ghanshyam Sharma S/o Banshi Lal, Aged About 32 Years,
      Vpo Amli, Tehsil Sahada, District Bhilwara (Rajasthan).
      Presently Posted At Mahatma Gandhi Govt. School, Rajnagar,
      (Gsss) Rajsamand.
27.   Damodar Kumawat S/o Fakirara Kumawat, Aged About 41
      Years, Narnoniyon Ki Dhani, Village And Post Bhadkha, Tehsil
      And District Barmer (Rajasthan). Presently Posted At Govt.
      Sr. Secondary School, Sankara, Dist. Jaisalmer.
28.   Mahendra Kumar S/o Pokar Ram, Aged About 33 Years, A-
      170, Kanta Khaturiya Colony, Bikaner (Rajasthan). Presently
      Posted At Govt. Sr. Secondary School, Phalodi, District
      Jodhpur.
29.   Himanshu S/o Jagdish Nama, Aged About 27 Years, 263,
      Naya Gaon Road, Mahalaxmi Nagar, Pali (Rajasthan).
      Presently Posted At Govt. Sr. Secondary School, Palli,
      Jodhpur.

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30.   Dharmendra S/o Lala Ram, Aged About 32 Years, Village And
      Post Khejriyali Jhak, Tehsil Baytu, District Barmer
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Nimbaniyon Ki Dhani, Baytu, Barmer.
31.   Rahul Jatoliya S/o Kalu Ram Jatoliya, Aged About 32 Years,
      House No.52, Jatiya Colony, Nagori Gate, Jodhpur
      (Rajasthan). Presently Posted At Govt. Sr. Secondary School,
      Setrawa, Jodhpur.
                                                                   ----Petitioners
                                   Versus
1.    State Of Rajasthan, Through The Secretary, Department Of
      School Education, Secretariat, Government Of Rajasthan,
      Jaipur, Rajasthan.
2.    The   Principal   Secretary,  Department     Of   Personnel,
      Secretariat, Government Of Rajasthan, Jaipur, Rajasthan.
3.    Director, Secondary Education, Bikaner, District Bikaner,
      Rajasthan.
4.    State Projector Director, Rajasthan Council Of Secondary
      Education, Jhawarlal Nehru Marg, Jaipur, Rajasthan.
5.    Commissioner, Rajasthan Council Of School                       Education,
      Jhawarlal Nehru Marg, Jaipur, Rajasthan.
6.    Rajasthan Staff Selection Board, Through Its Secretary,
      Agriculture Management Institute Building, Durgapura,
      Jaipur, Rajasthan.
7.    Chairman, Rajasthan Staff Selection Board, Agriculture
      Management Institute Building, Durgapura, Jaipur, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)       :    Mr. Pawan Singh.
For Respondent(s)       :    Mr. Hemant Choudhary, G.C.
                             Mr. Vishal Jangid, Dy. G.C.
                             Mr. Manvendra Singh Bhati.


          HON'BLE MR. JUSTICE ARUN BHANSALI

Order 18/05/2022 These writ petitions have been filed by the petitioners seeking grant of bonus marks based on their experience for recruitment on the post of Basic Computer Instructor and Senior Computer Instructor for Recruitment, 2022, pursuant to the Rajasthan Education (State and Subordinate) Service Rules, 2021.

Learned counsel for the petitioners seeks withdrawal of the writ petitions with liberty to question the validity of the Rules on (Downloaded on 18/05/2022 at 11:22:29 PM) (6 of 6) [CW-5136/2022] account of lack of provision for grant of bonus marks based on the experience, which provision exists in all other Rules.

In view of the submissions made, the writ petitions are dismissed as withdrawn with liberty as aforesaid.

(ARUN BHANSALI),J 23-24-Sumit/-

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