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Rajasthan High Court - Jodhpur

Radha Kumari Roat vs State Of Rajasthan on 27 May, 2019

Author: Arun Bhansali

Bench: Arun Bhansali

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 7027/2019

1.     Radha Kumari Roat D/o Nana Lal Roat W/o Jagdish
       Damor, Aged About 24 Years, R/o Village And Post Upla
       Fala, Tehsil Baladeet, District Dungarpur (Raj.).
2.     Daksha Kumari Damor D/o Jaisingh Damor,, Aged About
       22 Years, R/o Village Kanba, Post Punawara, Tehsil
       Simalwara, District Dungarpur.
3.     Rahul Garasiya S/o Mani Lal Garasiya,, Aged About 23
       Years, R/o Village Shishod Phala, Post Bijuda, Tehsil
       Bichhiwara, District Dungarpur.
4.     Harish Chandra Roat S/o Shankerji Roat,, Aged About 40
       Years, R/o Village And Post Valota, Falakundi Dara, Tehsil
       And District Dungarpur.
5.     Sumit Meena S/o Shanti Lal Meena,, Aged About 25
       Years,     R/o    Village     Palsiya,       Post        Kherwara,    Tehsil
       Kherwara, District Udaipur.
6.     Raveena Meena D/o Ram Krishna,, Aged About 26 Years,
       R/o Village Upala Fala, Post Badla, Tehsil Kherwara,
       District Dungarpur.
7.     Sheetal Meena D/o Ram Karishna,, Aged About 28 Years,
       R/o Village And Post Badla, Tehsil Kherwara, District
       Udaipur.
8.     Tarakumari Hota D/o Kanti Lal Meena W/o Rakesh Kumar,,
       Aged About 27 Years, R/o Village Nichla Mandwa, Post
       Ghodi,     Near    Panchayat,         Tehsil      Reshabhdev,        District
       Udaipur.
9.     Teena Kumari Phaleja D/o Somdatt Phaleja,, Aged About
       25 Years, R/o Village Jagabor, Post Khajoori, Tehsil
       Bichhiwara, District Dungarpur.
10.    Manisha Kumari Faleja D/o Nanalal Faleja W/o Prakash
       Chandra Bharada,, Aged About 24 Years, R/o Village And
       Post Ratanpur, Tehsil Bichhiwara, District Dungarpur.
11.    Kalpna     Kumari     D/o      Shyam        Lal     W/o     Kamlashankar
       Parmar,, Aged About 30 Years, R/o Village And Post
       Kesarpura Vassi, Tehsil And District Dungarpur.
12.    Jayesh Faleja S/o Kanti Lal Faleja,, Aged About 27 Years,
       R/o Village And Post Ratanpur, Tehsil Bichhiwara, District
       Dungarpur.

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13.   Urmila Kumari Katara D/o Prem Shankar Katara,, Aged
      About 27 Years, R/o Ward No. 03, Village Parda Choubisa,
      Post Odwariya, Tehsil And District Dungarpur.
14.   Ganesh Lal Charpota S/o Havji,, Aged About 30 Years,
      R/o Village Garadiya, Post Naugama, Tehsil Bagidora,
      District Banswara.
15.   Kalpana Kamol D/o Kalsingh Kamol W/o Manilal Manilal
      Charpota,, Aged About 31 Years, R/o Village Garadiya,
      Post Nougama, Tehsil Bagidora, District Banswara.
16.   Bal Krishna S/o Veerji Bud,, Aged About 30 Years, R/o
      Village Borda, Tehsil Ganoda, District Banswara.
17.   Ashok Kumar S/o Narji, Aged About 22 Years, R/o Village
      And Post Borda, Tehsil Ganora, District Banswara.
18.   Raman Lal Dodiyar S/o Valji Dodiyar,, Aged About 21
      Years, R/o Village And Post Boda, Tehsil Ganoda, District
      Banswara.
19.   Goverdhan Lal Ahari S/o Virendra Kumar Ahari,, Aged
      About 42 Years, R/o Village Chhani, Post Barbodaniya,
      Tehsil Sagwara, District Dungarpur.
20.   Meena Katara D/o Bhura Lal Katara W/o Devi Lal Khant,,
      Aged   About      37     Years,      R/o     Village     Badikhen,   Post
      Navaghara, Tehsil Garhi, District Banswara.
21.   Kamla Garasiya D/o Prabhu Lal Garasiya W/o Kisor Kumar
      Dindor,, Aged About 24 Years, R/o Village And Post
      Chikliteja, Tehsil Anandpuri, District Banswara.
22.   Kamlesh Khant S/o Laxman Lal Khant,, Aged About 27
      Years, R/o Village Limbor Chhoti, Post Semaliya Pandaya,
      Tehsil Sagwara, District Dungarpur.
23.   Parash Kumari Pargi S/o Hurmal Pargi,, Aged About 25
      Years, R/o Village Phalwan, Tehsil Anandpuri, District
      Banswara.
24.   Champa Kumari Gameti D/o Mada Gameti,, Aged About
      33 Years, R/o Village And Post Talaiya, Tehsil Bichhiwara,
      District Dungarpur.
25.   Keshav Lal Ahari S/o Kamji Ahari,, Aged About 28 Years,
      R/o Village Ghatau, Post Odawadiya, Tehsil And District
      Dungarpur.
26.   Mahendra Kumar Roat S/o Valji Roat,, Aged About 31
      Years, R/o Village Dolwar Nichli, Post Kahari, Tehsil And
      District Dungarpur.

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27.   Krishna Kumar Done S/o Rameshwar Lal Done,, Aged
      About 30 Years, R/o Village And Post Amzara, Tehsil
      Bichhiwara, District Dungarpur.
28.   Surta Dendor D/o Hukaji Dendor W/o Laxman Lal Damor,,
      Aged About 37 Years, R/o Plot No. 104, Sanmati Nagar,
      Udaipur Road, Banswara.
29.   Dilip Kumar S/o Kamji Adivasi,, Aged About 32 Years, R/o
      Village Pateliya, Post Pindarma, Tehsil Bagidora, District
      Banswara.
30.   Kailash Chandra Bamniya S/o Bejiyaji,, Aged About 38
      Years, R/o Village Nai Patan, Post Patan, Tehsil Bagidora,
      District Banswara.
31.   Anita Pargi D/o Natavar Lal Pargi W/o Chandra Prakash
      Tabiyar,, Aged About 36 Years, R/o Village Ghanewa, Post
      Odwara, Tehsil Garhi, District Banswara.
32.   Kamla Shanker Khant S/o Nanu Lal Khant,, Aged About
      32 Years, R/o Village Bhavanpura, Post Udaipura Bara,
      Tehsil Anandpuri, District Banswara.
33.   Sunil Kumar S/o Bhema Khant,, Aged About 28 Years,
      R/o Village Bhavanpura, Post Udaipura Bara, Tehsil
      Anandpuri, District Banswara.
34.   Dileep Kumari Bhagora S/o Verseng,, Aged About 30
      Years, R/o Village Bavalipada, Post Machharasath, Tehsil
      Sajjangarh, District Banswara.
35.   Dinesh Chandra Pargi S/o Nathu,, Aged About 30 Years,
      R/o Village Borwaniya, Post Barjadiya, Tehsil Anandpuri,
      District Banswara.
36.   Kokila Kumari Patel D/o Ganesh Lal Patel, W/o Shanti Lal
      Rot,, Aged About 32 Years, R/o Village And Post Obla,
      Tehsil Anandpuri, District Banswara.
37.   Rajendra Kumar Katara S/o Lalu,, Aged About 31 Years,
      R/o Village Tandi Moti, Post Shergarh, Tehsil Gangad,
      Talai, District Banswara.
38.   Rahul Rot S/o Hemant Kumar Rot,, Aged About 25 Years,
      R/o Village Khawara, Post Anandpuri, Tehsil Anandpuri,
      District Banswara.
39.   Meenakshi Dodiyar D/o Babulal Dodiyar,, Aged About 30
      Years, R/o Village And Post Ghughara, Tehsil And District
      Dungarpur.
40.   Kamlesh Ahari D/o Jeevram Ahari,, Aged About 24 Years,

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      R/o At Nareli, Post Rampur Mewara, Tehsil Bichhiwara,
      District Dungarpur.
41.   Jayanti Lal Ahari S/o Soma Ahari,, Aged About 28 Years,
      R/o Village Rangpur, Post Saserpur, Tehsil Jothri, District
      Dungarpur.
42.   Dinesh Chandra Damor S/o Mavji Damor,, Aged About 38
      Years, R/o Village And Post Jalukua, Tehsil Bichhiwara,
      District Dungarpur.
43.   Priyanka Damor D/o Ramji Damor,, Aged About 25 Years,
      R/o Village And Post Kanba, Tehsil Bichhiwara, District
      Dungarpur.
44.   Renuka Kumari Katara D/o Dhanaji Katara,, Aged About
      30 Years, R/o Village Lodeshwar, Post Virat, Tehsil
      Sagwara, District Dungarpur.
45.   Prem Shankar Meena S/o Amar Chand,, Aged About 41
      Years, R/o Village Lakoda, Post Baydi, Tehsil Kherwara,
      District Udaipur.
46.   Nirmala Roat D/o Prem Shanker Roat,, Aged About 27
      Years, R/o Village Rangthour, Post Gada Vejaniya, Tehsil
      Sagwara, District Dungarpur.
47.   Ganesh Lal Charpota S/o Havji,, Aged About 30 Years,
      R/o Village Garadiya, Post Naugama, Tehsil Bagidora,
      District Banswara.
48.   Neema Damor D/o Gangeshwer Damor W/o Dinesh
      Chandra Charpota,, Aged About 37 Years, R/o Village
      Maska Chhota, Post Maska Mahudi, Tehsil Sajjangarh,
      District Banswara.
49.   Maya Katara D/o Shanker Lal Katara,, Aged About 23
      Years,   R/o     Village      Gohaliya,         Post     Mandali,   Tehsil
      Simalwara, District Dungarpur.
50.   Saroj Garasiya D/o Babulal Ji,, Aged About 31 Years, R/o
      Village Bajar, Post Sallopat, Tehsil Gangar Talai, District
      Banswara.
51.   Jagdish Chandra Maida S/o Laxman Maida,, Aged About
      23 Years, R/o Village Chirola Chota, Post Barodiya, Tehsil
      Bagidora, District Banswara.
52.   Indira Kumari D/o Nathub Ram Pargi W/o Hariram
      Tabiyar,, Aged About 38 Years, R/o Village Sangrampura,
      Post Udaipura Bada, Tehsil Anandpuri, District Banswara.
53.   Meena Kumari Damor D/o Prabhu Lal Damor W/o Sohan

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      Lal Bamaniya,, Aged About 28 Years, R/o Village Padola,
      Post And Tehsil Anandpuri, District Banswara.
54.   Rajmal Bhagora S/o Shambhu Lal Bhagora,, Aged About
      38 Years, R/o Village Amarpura, Post Dagal, Tehsil Ghatol,
      District Banswara.
55.   Rashmi Patel D/o Thawarchand Patel,, Aged About 27
      Years, R/o Village Jhakodiya Bhodar, Post Rathdhanraj,
      Tehsil Sajjangarh, District Banswara.
56.   Subhash Chandra Katara S/o Vesta Katara,, Aged About
      30 Years, R/o Village Dhanku, Post Anandpuri, Tehsil
      Anandpuri, District Banswara.
57.   Anita Kumari Maida D/o Khomji Maida W/o Praveen
      Chandra Ninama,, Aged About 27 Years, R/o Village
      Prathvipura, Post Devda, Tehsil Ghatol, District Banswara.
58.   Dhan Singh Katara S/o Veerji Katara,, Aged About 39
      Years, R/o Village Dhanku, Tehsil Anandpuri, District
      Banswara.
59.   Prabhu Lal Huvor S/o Dallu Huvor,, Aged About 34 Years,
      R/o Village Sogpura, Post Naugama, Tehsil Bagidora,
      District Banswara.
60.   Rishima Ninama D/o Kanti Lal Ninama W/o Rajendra
      Prasad,, Aged About 24 Years, R/o 93, Sita Talai Todi
      Simrol, Post Borapi Khata, Tehsil Ghatol, District Ganora,
      District Banswara.
61.   Rajbahadur Katija D/o Mitha Lal Katija,, Aged About 26
      Years,   R/o   Village       Pateliya,       Post       Pindarma,   Tehsil
      Bagiodra, District Banswara.
62.   Premlata Katija D/o Mitha Lal Katija, Aged About 26
      Years,   R/o   Village       Pateliya,       Post       Pindarma,   Tehsil
      Bagidora, District Banswara.
63.   Ratan Lal Ninama S/o Bhemji,, Aged About 35 Years, R/o
      Village And Post Dagal, Tehsil Ghatol, District Banswara.
64.   Kailash Chandra Katara S/o Lakhji Katara,, Aged About 28
      Years, R/o Village Lunawada, Post Badwas Chhoti, Tehsil
      Kushalgarh, District Banswara.
65.   Asha Kumari D/o Khuman Singh W/o Ravi Prakash,, Aged
      About 33 Years, R/o District Banswara.
66.   Ishwar Lal Maida S/o Khomji Maida,, Aged About 30
      Years, R/o Village Kahdiyon Ka Parda, Post Jharkaniya,
      Tehsil Ghatol, District Banswara.

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67.   Sohan Lal Garasiya S/o Vala Garasiya,, Aged About 30
      Years, R/o Village And Post Handi, Tehsil Gangad Talai,
      District Banswara.
68.   Shabina Rana D/o Punja Rana W/o Mohan Lal,, Aged
      About 26 Years, R/o Village Lunawara, Post Badawas
      Chhoti, Tehsil Kushalgarh, District Banswara.
69.   Madan Lal Katara S/o Man Singh Katara, Aged About 29
      Years, R/o Village Lunawara, Post Badawas Chhoti, Tehsil
      Kushalgarh, District Banswara.
70.   Vijay Katara S/o Mangi Lal, Aged About 24 Years, R/o
      Village Bhuri Ser, Post Sangariya, Tehsil Gangad Talai,
      District Banswara.
71.   Pradeep Katara S/o Khaturam Katara,, Aged About 28
      Years,    R/o      Village       Vasuni,        Post       Kalinjara,    Tehsil
      Kushalgarh, District Banswara.
72.   Rajendra Maida S/o Varseng Maida,, Aged About 32
      Years, R/o Village And Post Maheshpura, Tehsil Abapura,
      District Banswara.
73.   Kanta Kumarii Damor D/o Amrit Lal, Aged About 28
      Years, R/o Village Majiya, Post Nahali, Tehsil Garhi,
      District Banswara.
74.   Ritu Meena D/o Amra Ram Meena,, Aged About 27 Years,
      R/o Vpo Runjiya, Tehsil Ghatol, District Banswara.
75.   Naresh Kumar Katara S/o Prabhu Lal Katara,, Aged About
      35 Years, R/o Village Dhanku, Post And Tehsil Anandpuri,
      District Banswara.
76.   Maya Pargi D/o Balkrishan Pargi W/o Mahendra Kumar
      Katara,, Aged About 32 Years, R/o Village And Post
      Chordi, Tehsil Anandpuri, District Banswara.
77.   Anita Kumari Bamaniya S/o Lal Ji Bamaniya,, Aged About
      23 Years, R/o Village And Post Bavadi, Tehsil Simalwara,
      District Dungarpur.
78.   Prabhu Lal S/o Lalu,, Aged About 34 Years, R/o Village
      And     Post    Moti     Timbi,      Tehsil      Gangar       Talai,    District
      Banswara.
79.   Geeta Kumar Ninama D/o Raman Lal Ninama W/o Sanjay
      Kumar Meena,, Aged About 30 Years, R/o Village Tibula
      Pada,    Negred,       Post      Kherwa,        Tehsil      Ghatol,     District
      Banswara.
80.   Urmila Kumari Kharadi D/o Shankar Kharadi,, Aged About

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       23 Years, R/o Village Mandela, Upli Mandela, Post
       Sansarpura, Tehsil Simalwara, District Dungarpur.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through Its Secretary, Department Of
       Eduation, 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.
                                                                ----Respondents


For Petitioner(s)         :    Mr. Harsh Chittoaa for Mr. Omprakash
For Respondent(s)         :



           HON'BLE MR. JUSTICE ARUN BHANSALI

Order 27/05/2019 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 (Downloaded on 28/06/2019 at 06:44:57 AM) (8 of 8) [CW-7027/2019] (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).

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 97-PKS/-

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