Rajasthan High Court - Jodhpur
Shiv Dan Ram & Anr vs State & Ors on 22 April, 2009
Bench: Deepak Verma, Prakash Tatia
1
DB Civil Special Appeal (Writ) No.923/2008
Ganpat Singh & Ors. vs. State of Raj. & Ors.
& other connected appeals.
1. D.B. CIVIL SPECIAL APPEAL(W) NO.923/2008
Ganpat Singh & Ors. vs. State of Raj. & Ors.
2. D.B. CIVIL SPECIAL APPEAL(W) NO.924/2008
Ram Niwas. vs. State of Raj. & Ors.
3. D.B. CIVIL SPECIAL APPEAL(W) NO.925/2008
Gaji Singh. vs. State of Raj. & Ors.
4. D.B. CIVIL SPECIAL APPEAL(W) NO.926/2008
Nola Ram & Ors. vs. State of Raj. & Ors.
5. D.B. CIVIL SPECIAL APPEAL(W) NO.927/2008
Banwari Lal Vaishnav & Ors. vs. State of Raj.
& Ors.
6. D.B. CIVIL SPECIAL APPEAL(W) NO.968/2008
Kalyan Mal Balai & Ors. vs. State of Raj.
& Ors.
7. D.B. CIVIL SPECIAL APPEAL(W) NO.969/2008
Bheru Lal Regar & Ors. vs. State of Raj.& Ors.
8. D.B. CIVIL SPECIAL APPEAL(W) NO.978/2008
Prabhu Ram & Ors. vs. State of Raj. & Ors.
9. D.B. CIVIL SPECIAL APPEAL(W) NO.984/2008
Shiv Dan Ram & Anr. vs. State of Raj. & Ors.
10. D.B. CIVIL SPECIAL APPEAL(W) NO.985/2008
Ghanshyam Singh Ranawat vs. State of Raj.
& Anr. & Ors.
2
DB Civil Special Appeal (Writ) No.923/2008
Ganpat Singh & Ors. vs. State of Raj. & Ors.
& other connected appeals.
11. D.B. CIVIL SPECIAL APPEAL(W) NO.986/2008
Mahaveer Prasad Kharol vs. State of Raj.
& Anr. & Ors.
12. D.B. CIVIL SPECIAL APPEAL(W) NO.988/2008
Banna Ram Gurjar & Ors. vs. State of Raj.
& Ors.
13. D.B. CIVIL SPECIAL APPEAL(W) NO.995/2008
Smt. Raj Bala & Ors. vs. State of Raj. & Ors.
14. D.B. CIVIL SPECIAL APPEAL(W) NO.1039/2008
Smt. Pramila Upadhyay. vs. State of Raj.& Ors.
15. D.B. CIVIL SPECIAL APPEAL(W) NO.1064/2008
Narendra Singh Devra vs. State of Raj.
& Anr. & Ors.
16. D.B. CIVIL SPECIAL APPEAL(W) NO.1121/2008
Sher Mohammad. vs. State of Raj. & Ors.
17. D.B. CIVIL SPECIAL APPEAL(W) NO.248/2009
Smt. Damyanti Devi. vs. State of Raj. & Ors.
18. D.B. CIVIL SPECIAL APPEAL(W) NO.249/2009
Nema Ram. vs. State of Raj. & Ors.
19. D.B. CIVIL SPECIAL APPEAL(W) NO.371/2009
Smt.Tara Kanwar & Ors. vs. State of Raj.& Ors.
Date of Order :: 22-04-2009
3
DB Civil Special Appeal (Writ) No.923/2008
Ganpat Singh & Ors. vs. State of Raj. & Ors.
& other connected appeals.
HON'BLE THE CHIEF JUSTICE MR. DEEPAK VERMA
HON'BLE MR. JUSTICE PRAKASH TATIA
Mr.PS Chundawat ) for the appellants in Mr.NR Choudhary ) all these appeals.
Mr.Pradhuman Singh )
Mr.Ramdev Potalia )
Mr.RL Jangid, AAG )
Mr.Anand Purohit, AAG ) for the respondents.
- - -
Heard. Record perused.
All these appeals involve common question of law, hence, same are decided by this common order.
Similar writ appeals have already been disposed of by this Court in view of the order dated 5.11.2008 passed by this Court in appeals no.1735/2008 and 1737/2008 which has been followed in subsequent orders by this Court touching the same issue as has been projected in these appeals.
Learned counsel for the appellants submitted that with the passage of time, all the appellants have now acquired requisite qualification of B.S.T.C. Thus, as per the advertisement issued by the State Government, they became entitled to be 4 DB Civil Special Appeal (Writ) No.923/2008 Ganpat Singh & Ors. vs. State of Raj. & Ors.
& other connected appeals.
considered for appointment on the post of Prabhodak. However, it was contended that as directed by this Court in SAW No.174/2009 decided on 24.3.2009, the appeal may not be dismissed as withdrawn but on an appropriate representation being furnished by the present appellants, the respondent State may be directed to consider the same on merits and in accordance with law and as per the relaxation as contemplated in Note no.2 of the advertisement issued by it and thereafter, the writ appeal be disposed of.
We find merit and substance in the prayer made by learned counsel for the appellants. Thus, all these appeals are hereby disposed of. The appellants are granted permission to file appropriate representation giving all details therein including the benefit of relaxation as per note no.2 appended to the advertisement within a period of fifteen days hereof. On such representation being filed, the respondent State would consider the same on merits in accordance with law under intimation to the appellants. In case, any adverse order is passed against the appellants, then he/she would be at liberty to 5 DB Civil Special Appeal (Writ) No.923/2008 Ganpat Singh & Ors. vs. State of Raj. & Ors.
& other connected appeals.
agitate the matter further before the appropriate forum in accordance with law.
With the aforesaid directions, these appeals are finally disposed of but with no order as to costs.
[PRAKASH TATIA],J. [DEEPAK VERMA],CJ.
S.Phophaliya