Rajasthan High Court - Jaipur
Mahaveer Prasad Sharma Andanr vs State Panchayati Raj Dep Ors on 14 September, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5615/2015
1. Mahaveer Prasad Sharma S/o Sh. Nathu Lal Sharma, V.p.
Kishorpura, Teh-Neem Ka Thana, Dist. Sikar Raj.
2. Vishnu Kumar Sharma S/o Sh. Narayan Lal Sharma, V.p.
Kishorpura, Teh-Neem Ka Thana, Dist. Sikar.
----Petitioners
Versus
1. State Of Rajasthan Through Secretary Department Of
Panchyati Raj, Secretariat, Jaipur.
2. The Director, Elementary Education,department Of
Education, State Of Rajasthan, Bikaner.
3. The District Education Officer, Elementary Education,
Sikar.
----Respondents
Connected With S.B. Civil Writ Petition No. 8314/2013 Koshal Kishore Sharma S/o Sh. Ramswaroop Sharma , aged about 40 years, Resident of -89 Amratpuri, Hindon City, District Kauroli.
----Petitioner Versus
1.State of Rajasthan, through Secretary, Department of Panchayati Raj. Secretariat, Jaipur.
2. the Director, Elementary Education, Department of Education, state of Rajasthan , Bikener.
3. The District Education Officer (Elementary Education),Dholpur.
----Respondents S.B. Civil Writ Petition No. 9380/2013
1. Govind Narayan Sharma, S/o Sh. Brahma Nand Sharma , aged about 36 years, Resident of Plot No. 170, Vivek Vihar, Jagatpura, Jaipur.
2. Manoj Kumar Sharma S/o Shri Nathu Lal Sharma , aged about 40 years, Resident of Plot No. D-166, Vidhyadhar Nagar, jaipur.
3. Smt. Aruna Pareek d/o Shri Vijay Narain Pareek, W/o Shri Jitendra Pareek , aged about 41 years, Resident of A-6, Laxmi Colony near Vivekanand Secondar School, Naya Kheda, (Downloaded on 25/12/2022 at 08:19:06 AM) (2 of 7) [CW-5615/2015] Ambabari, jaipur.
4. Sunil Kumar Bohra S/o Shri Chouthmal Bohra Nathu Lal Sharma, aged about 42 years, resident of Govindgarh , malikpur Distt.-Jaipur.
----Petitioner Versus
1.State of Rajasthan through secretary , Department of Panchayati Raj Secretariat, jaipur.
2. The Director , Elemenatry Education Department of Education, state of Rajasthan, Bikaner.
3. The District Education Officer(Elementry Education), jaipur.
----Respondent S.B. Civil Writ Petition No. 9260/2014
1. Jagdish Prasad Saini S/o Sh. Heera Lal saini , resident Indrapur, Tehsil - Ramgarh, District -Alwar(Raj.)
2. Mahesh Chand Saini S/o Sh. Kanchan Singh Saini, resident of Thasai, Tehsil- Kathumar, Distrct -alwar( Raj)
3. Dinesh Kumar S/o Shri Jagdish Prasad Gupta, resident of 4/117, N.E.B. Housing Board, Alwar, district Alwar (Raj.)
4. Sibburam Sharma S/o Sh. Madan lal Sharma, resident of 12Krishan Vihar colony, Mannka road, alwar Distt.Alwar(Raj.)
5. Smt. Sunit Vedi w/o Sh. Satish Kumar, resident of 55 Keshav nagar, alwar, Distt. Alwar(Raj.)
6. Smt. Priyamvada d/o Sh. Dharmveer parashar resident of 285 scheme -8, alwar, District alwar(Raj.)
7. Ku. Nirmla d/o Shri Narottam Saini, resident of Near of N.E.B. housing Board, Mungska, Alwar, District Alwar (Raj.)
----Petitioner Versus
1.State of Rajasthan through secretary , Department of Panchayati Raj Secretariat, jaipur.
2. The Director , Elemenatry Education Department of Education, state of Rajasthan, Bikaner.
3. The District Education Officer(Elementry Education), Alwar.
----Respondent S.B. Civil Writ Petition No. 17762/2015
1. Surendra Kumar Vasistha S/o Sh. Yadram Vasistha, V.p.-
Rajoli, Teh-Lalsot., Dist-Dausa, Raj.
2. Bijkishore Sharma S/o Sh. Suresh Chand Sharma, Pawata, Tehsil- Mahwa, Dist- Dausa Raj (Downloaded on 25/12/2022 at 08:19:06 AM) (3 of 7) [CW-5615/2015]
3. Grijesh Kumar Sharma S/o Sh. Babulal Sharma, Khochpuri, Tehsil- Mahwa, Dist.- Dausa Raj.
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Secretariat, Jaipur
2. State Of Rajasthan Through Secretary, Primary Education Department, Secretariat, Jaipur
3. The Director, Primary Education, Rajasthan, Bikaner
4. The District Education Officer, Elementry Education, District Dausa, Rajasthan
----Respondents S.B. Civil Writ Petition No. 14340/2017
1. Mata Prasad Sharma S/o Sh. Roshan Lal Sharma, Resident Of Back Of Chopda Mandir, Shiv Nagar, Pokhra, Dholpur
2. Radhey Shyam Sharma, S/o Shri Vishnu Dayal Sharma, Resident Of Near Of Aade Hanuman Ji, Sarmathura, Dholpur
3. Rajiv Kumar Sharma S/o Shri Rajendra Prasad Sharma, Resident Of Hardainiya Pada, Sarmathura, Dholpur
4. Rakesh Kumar Kshotriya S/o Lt. Shri Ghure Lal Sharma, Resident Of Old Bus Stand, Sarmathura, Dholpur
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Panchyati Raj, Secretariat, Jaipur.
2. The Director, Elementary Education, Department Of Education, State Of Rajasthan, Bikaner.
3. The District Education Officer Elementary Education, Dholpur
4. The District Education Officer Elementary Education, Sawai Madhopur
----Respondents S.B. Civil Writ Petition No. 4771/2018 Naresh Kumar Meena S/o Sh. Bhajan Lal Meena, R/o Village Ritholi, Post Ganwda, Teh Hindaun, Dist Karauli, Rajasthan.
(Downloaded on 25/12/2022 at 08:19:06 AM) (4 of 7) [CW-5615/2015]
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Secretariat, Jaipur.
2. State Of Rajasthan, Through Secretary, Primary Education Department, Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. The District Education Officer, Elementary Education, District Karauli, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 7874/2018 Narendra Singh Goad S/o Sh. Man Singh Goad, Resident Of Village - Infrount Of Old Tehsil, Mahwa, Teh- Mahwa, Dist-Dausa, Rajasthan
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Panchyati Raj, Secretariat, Jaipur.
2. State Of Rajasthan, Through Secretary, Primary Education Department, Secretariat, Jaipur.
3. The Director, Primary Education, Rajasthan, Bikaner.
4. The District Education Officer, Elementary Education, District Dausa, Rajasthan.
----Respondents S.B. Civil Writ Petition No. 9690/2018
1. Laxminarayan Sharma S/o Sh. Ramjilal Sharma, R/o Village And Post Chandpura, Sarmathura, Teh And Dist. Dholpur, Rajasthan.
2. Vishnu Prasad Sharma S/o Sh. Ram Charan Sharma, Resident Of Village And Post- Sarmathura, Teh And Dist- Dholpur, Rajasthan
3. Radhey Shyam Sharma S/o Sh. Vishnu Dayal Sharma, Resident Of Village And Post- Sarmathura, Teh And Dist- Dholpur, Rajasthan
4. Rakesh Kumar Kshotriya S/o Sh. Ghoore Lal Sharma, Resident Of Village And Post- Sarmathura, Teh And Dist- Dholpur, Rajasthan
5. Mata Prasad Sharma S/o Sh. Roshan Lal Sharma, (Downloaded on 25/12/2022 at 08:19:06 AM) (5 of 7) [CW-5615/2015] Resident Of Village And Post- Back Of Chopra Mandir, Shiv Nagar, Pokra, Teh And Dist- Dholpur, Rajasthan
6. Jogesh Kumar Goyal S/o Sh. Chature Ram Goyal, Resident Of Village And Post- Sarmathura, Teh And Dist- Dholpur, Rajasthan
7. Rajeev Kumar Sharma S/o Sh. Rajendra Prasad Sharma, Resident Of Village And Post- Sarmathura, Teh And Dist- Dholpur, Rajasthan
8. Ramakant Katara S/o Sh. Radheyshyam Katara, Resident Of Village And Post- Mangrol Maniya, Teh And Dist- Dholpur, Rajasthan
9. Ramavtaar Sharma S/o Sh. Tikaram Sharma, Resident Of Village And Post- Fajiyatpura, Badi And Dist- Dholpur, Rajasthan
10. Vijay Singh Meena S/o Sh. Jay Singh Meena, R/o Village And Post,- Bhukarawali, Teh- Hindaun, Dist- Karauli, Rajasthan
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Panchyati Raj, Secretariat, Jaipur
2. State Of Rajasthan, Through Secretary, Primary Education Department, Secretariat, Jaipur
3. The Director, Primary Education, Rajasthan, Bikaner
4. The District Education Officer, Elementary Education, District Dholpur, Rajasthan
5. The District Education Officer, Elementary Education, District Sawai Mahopur, Rajasthan
6. The District Education Officer, Elementary Education, District Karauli, Rajasthan
----Respondents For Petitioner(s) : Mr. G.L.Sharma Mr. Dilip Singh Kurka For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH Order (Downloaded on 25/12/2022 at 08:19:06 AM) (6 of 7) [CW-5615/2015] 14/09/2022 Counsel for the petitioners submit that the issue involved in these writ petitions has already been considered and decided by this court in the matter of Ramavtar Sharma & Ors.Vs. State of Rajasthan & Ors.(S.B.Civil Writ Petition No. 6021/2015) wherein on 21.07.2022, the following order was passed:-
"This writ petition has been filed by the petitioners with the following prayer:-
"It is, therefore, most respectfully, prayed that this Hon'ble Court be pleased to call for the entire record relating to this case and after perusing the same may be pleased to accept and allow this writ petition, and :-
I) By issuing an appropriate writ, order or direction the action of respondents in not considering the petitioners general category candidates against posts of Prabodhaks remained vacant due to non-
availability of SC/ST candidates inspite of notice for demand of justice dated 10.12.2014 against advertisement dated 31.5.2008 and the petitioners be considered and appointed against advertisement dated 31.5.2008 on the post of Prabodhak against remaining vacant posts remained vacant due to non-
availability of SC/St candidate with all consequential benefits from the dates of other persons has so been appointed by following the law laid down by this Hon'ble court in case of Dr. Abhishek Goyal Vs. State of Rajasthan and others (SBCWO No. 9015/2009) decided on 18.1.2012.
ii) By issuing an another writ, order or direction any rule, order or circular which prohibit for appointment dated 31.5.2008 against the vacant posts remained vacate due to non-availability of SC/St category persons be declared illegal, arbitrary and violation of article 14 and 16 of the Constitution of India and the petitioners be (Downloaded on 25/12/2022 at 08:19:06 AM) (7 of 7) [CW-5615/2015] considered for appointment on the vacant post of SC/St category.
iii) Any other appropriate writ, order or direction which this Hon'ble Courts may deems think fit and proper be pass in favour of the petitioners.
iv) Costs of the writ petition may kindly be awarded in favour of the petitioners." By way of this writ petition, the petitioners have prayed for appointment on the post of Prabodhak in pursuance to the advertisement dated 31.05.2008 issued by the respondents.
Counsel for the petitioners submitted that the process for giving appointments continued till the year 2015 and the petitioners were awaiting for their appointment. Counsel further submits that the petitioners have filed this writ petition on the basis of certain judgments passed by this court which have been mentioned in the writ petition.
Heard counsel for the petitioner and perused the record.
The advertisement in question relates to the year 2008 and the petitioners have filed this writ petition in the year 2015 after a delay of seven years, therefore, in the facts and circumstances of the present case, no relief can be granted to the petitioners at this belated stage.
In that view of the matter, this writ petition is dismissed on the ground of delay and laches. "
In that view of the matter, these writ petitions are dismissed in view of the judgment passed by this court in the case of Ramavtar Sharma(supra).
(INDERJEET SINGH),J Anu /360-368 (Downloaded on 25/12/2022 at 08:19:06 AM) Powered by TCPDF (www.tcpdf.org)