Rajasthan High Court - Jodhpur
Hemant Kumar Sharma & Ors vs State Of Rajasthan & Ors on 13 April, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4038 / 2018
1. Hemant Kumar Sharma S/o Shri Sohan Lal Sharma, Aged About
32 Years, R/o Village Dhani Lachhman Singh, Post Lakhau, Tehsil
& District Churu, Rajasthan.
2. Divyanshu Meena S/o Shri Bhanwar Lal Meena, R/o VPO
Dholasari, Dataramgarh, District Sikar, Rajasthan.
3. Keval Chand Saini S/o Shri Papa Lal, R/o Rathodiya Kua, Tehsil
& District Nagaur, Rajasthan.
4. Narsingh Meghwal S/o Shri Dagla Ram, R/o Village Bedas
Khurd, Post Mewra, Tehsil Riyan Badi, District Nagaur, Rajasthan.
5. Jitendra Tada S/o Shri Shobha Ram Tada, R/o Village Morri
Ghoda, Post Morra, Tehsil Merta City, District Nagaur, Rajasthan.
6. Devendra Choudhary S/o Shri Jassa Ram, R/o Village Morra,
Tehsil Merta City, District Nagaur, Rajasthan.
7. Ram Kishore Bhadu S/o Shri Dharma Ram Bhadu, R/o Plot No.
06, Merta Road, Tehsil Merta City, District Nagaur, Rajasthan.
8. Ram Singh S/o Shri Udai Singh, R/o VPO Lalgar, Tehsil Bidasar,
District Churu, Rajasthan.
9. Raju Ram S/o Shri Narayan Ram, R/o Jato Ka Mohalla, Village
Thathana, Post Mithari, Tehsil Kuchaman City, District Nagaur,
Rajasthan.
10. Shobha Sankhla D/o Shri Panna Lal Sankhla, R/o Hemalsar
Tausar, Tehsil & District Nagaur, Rajasthan.
11. Amar Nath Sharma S/o Shri Om Prakash Sharma, R/o Thoi,
Shrimadhopur, District Sikar, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
(2 of 29)
4. The Chief Executive Officer, Zila Parishad Nagaur, District
Nagaur, Rajasthan.
5. The District Education Officer, Elementary Education, District
Nagaur, Rajasthan.
----Respondents
Connected with
S.B. Civil Writ Petition No. 4331 / 2018
1. Sharvan Kumar S/o Shri Har Lal, Aged About 31 Years, R/o
Village Bhadu and Govato Ki Dhani, Post Guda Hema, Tehsil
Chitalwana, District Jalore, Rajasthan.
2. Ramesh Kumar S/o Shri Paba Ram, R/o VPO Hadetar, Tehsil
Sanchore, District Jalore, Rajasthan.
3. Sukh Ram S/o Shri Mohar Singh, R/o Ward No. 07, Village
Narat, Post Buhana, District Jhunjhunu, Rajasthan.
4. Mukesh Kumar Meena S/o Shri Ramkishor Meena, R/o Village
Ganwadi, Post Pal, Tehsil Nadauti, District Karauli, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Jalore, District Jalore,
Rajasthan.
5. The Chief Executive Officer, Zila Parishad Alwar, District Alwar,
Rajasthan.
6. The District Education Officer, Elementary Education, District
Jalore, Rajasthan.
7. The District Education Officer, Elementary Education, District
Alwar, Rajasthan.
----Respondents
(3 of 29)
S.B. Civil Writ Petition No. 4066 / 2018
1. Nirmla Sharma D/o Shri Sohan Lal, Aged About 30 Years, R/o
8C, Vijay Nagar, New Pali Road, Bhagat Ki Kothi, Jodhpur, District
Jodhpur, Rajasthan.
2. Onkar Lal S/o Shri Khema Ram, R/o 157, Gawariyo Ki Dhaniya,
Kelawa Khurd, Tehsil Baori, District Jodhpur, Rajasthan.
3. Ashok Kumar Saini S/o Shri Gyarshi Lal, R/o Behind Govt.
Hospital, Ward No. 20, Surajgarh, District Jhunjhunu, Rajasthan.
4. Poonam D/o Shri Balwant Singh, R/o Village Chiria Gandhi, Post
Gandhi Bari, Bhadra, District Hanumangarh, Rajasthan.
5. Anandi Lal Prajapat S/o Shri Om Prakash Prajapat, R/o Ward
No. 4, Chhapar, District Churu, Rajasthan.
6. Snehlata Sharma D/o Shri Omprakash Sharma, R/o VPO Gandhi
Bari, Tehsil Bhadra, District Hanumangarh, Rajasthan.
7. Ashok Das S/o Shri Ghamand Das, R/o Village Tambriya Kalla,
Post Heeradesar, Tehsil Bhopalgarh, District Jodhpur, Rajasthan.
8. Biram Dev Saran S/o Shri Poona Ram Saran, R/o Sarano Ki
Dhani Ratkudiya, Tehsil Bhopalgarh, District Jodhpur, Rajasthan.
9. Anjali Choudhary D/o Shri Tulsiram Choudhary, R/o VPO Ren,
Tehsil Merta City, District Nagaur, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District- Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Jodhpur, District
Jodhpur, Rajasthan.
5. The District Education Officer, Elementary Education, District
Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4065 / 2018
(4 of 29)
1. Hanuman Singh Godara S/o Shri Ummed Ram, Aged About 30
Years, R/o 66/67, KH 24/3, Nandriphata, Banar Road, District
Jodhpur, Rajasthan.
2. Ravinder Kumar S/o Shri Jagdish Chandra, R/o VPO Khat
Sajwar, Tehsil Sadulsahar, District Sriganganagar, Rajasthan.
3. Urmila Kumari D/o Shri Vedprakash, R/o VPO Parampita, Tehsil
Nohak, District Hanumangarh, District Barmer, Rajasthan.
4. Ravinder Kumar Yadav S/o Shri Prabhati Lal Yadav, R/o VPO
Gothra, Tehsil Tijara, District Alwar, Rajasthan.
5. Mukesh Kumhar S/o Shri Ram Phool Kumhar, R/o Village
Jaipura, Post Kadera, Tehsil Chaksu, District Jaipur, Rajasthan.
6. Mohammad Zahid Mirza S/o Mohammad Hanif, R/o Kushwah
Mohalla, Ward No.02, Sangod, District Kota, Rajasthan.
7. Kavita Jain D/o Shri Raj Kumar Jain, R/o 56 Shatabdi Nagar,
Ramnagar, Village Bhawanimandi, District Jhalawar, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elmentary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Barmer, District
Barmer, Rajasthan.
5. The Chief Executive Officer., Zila Parishad Jhalawar, District
Jhalawar, Rajasthan.
6. The District Education Officer, Elementary Education, District
Barmer, Rajasthan.
7. The District Education Officer., Elementary Education, District
Jhalawar, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4064 / 2018
1. Asha Sharma D/o Shri Ganesh Kumar Sharma, Aged About 40
Years, R/o B-74, Ganpati Vihar, Tijara Phatak, District Alwar,
(5 of 29)
Rajasthan.
2. Kriti Yadav D/o Shri Chhaju Ram, R/o VPO Siomala, Tehsil
Khetri, District Jhunjhunu, Rajasthan.
3. Rajesh Kumar S/o Shri Lacchi Ram, R/o VPO Laxmangarh,
Tehsil & District Alwar, Rajasthan.
4. Anju D/o Shri Satvir, R/o Village Dawani, Tehsil Bahror, District
Alwar, Rajasthan.
5. Mamta Sharma D/o Shri Rameshwar Dayal Sharma, R/o 4/446,
Kala Kua, Housing Board, District Alwar, Rajasthan.
6. Binesh Kumar S/o Shri Ramanand Singh, R/o Krishna Colony,
Desula, MIA, District Alwar, Rajasthan.
7. Rina Yadav D/o Shri Karan Singh, R/o Float No. A-204, JH 6
Palm, Green Acres Ashadeep, District Alwar, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government Secretariat, Jaipur,
Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Alwar, District Alwar,
Rajasthan.
5. The District Education Officer, Elementary Education, District
Alwar, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4063 / 2018
1. Manju Choudhary D/o Shri Shankar Lal Choudhary, Aged About
30 Years, R/o 183, Near Off Dairy, Jat Mohalla, VPO Leswa Vai
Govindgarh, District Ajmer, Rajasthan.
2. Sanju Choudhary D/o Shankar Lal Choudhary, R/o Sarmaliya,
Beawar, District Ajmer, Rajasthan.
3. Savita Nath D/o Shri Ladu Ram Nath, R/o Kalyan Colony, Ajmer
Road Kekri, District Ajmer, Rajasthan.
(6 of 29)
4. Dinesh Kumar Kumawat S/o Shri Sita Ram Kumawat, R/o VPO
Bichhon Mozamabad, District Jaipur, Rajasthan.
5. Vinod Kumar S/o Shri Moolchand Goswami, R/o Delhi Gate,
Kamma, District Bharatpur, Rajasthan.
6. Anup Singh S/o Shri Pratap Singh, R/o VPO Ghusyari, Tehsil &
District Bharatpur, Rajasthan.
7. Meva Ram S/o Shri Atar Singh, R/o Atroli, Post Lalpur, Tehsil
Rajakhera, District Dholpur, Rajasthan.
8. Manish Kumar Mouray S/o Shri Roshan Lal Mouray, R/o Behind
Police Chowki, Nihalganj, Beem Nagar, Kotdi, District Dholpur,
Rajasthan.
9. Ravindra Pal Singh S/o Shri Muktyar Singh, R/o VPO Bachhrain,
Via Chhonkarwara Kalan, Tehsil Bhusawar, District Bharatpur,
Rajasthan.
10. Rajesh Saini S/o Shri Sharvan Saini, R/o Shiv Colony Road
No.03, Ward No.23, District Jhunjhunu, Rajasthan.
11. Mukesh S/o Shri Mahaveer Singh Krishnia, R/o A-43, Basand
Vihar, District Jhunjhunu, Rajasthan.
12. Sunita Kumari Budania D/o Shri Shiv Prasad, R/o H.No.107,
NR, Rajasthan College, Choudhary Colony, Tehsil Chirawa, District
Jhunjhun, Rajasthan.
13. Suman Kumari D/o Shri Naurang Ram, R/o Ward No.17,
Choudhary Guest House, Chirawa, District Jhunjhunu, Rajasthan.
14. Madhubala D/o Shri Bajrang Lal, R/o V.P. Nagar Fort, Tehsil
Dooni, District Tonk, Rajasthan.
15. Rajendra Kumar Verma S/o Shri Hari Shankar Raigar, R/o VPO
Shivdaspura, Tehsil Chaksu, District Jaipur, Rajasthan.
16. Abhishek Sharma S/o Shri Chandra Prakash Sharma, R/o Near
Govt. Hospital, Anasagar Road, Todaraisingh, District Tonk,
Rajasthan.
17. Novel Kishore Sharma S/o Shri Ramji Lal Sharma, R/o Village
Bhedoli, Post Kalota, District Dausa, Rajasthan.
18. Sagar Singh Meena S/o Shri Ratan Singh, R/o VPO
Sanwatgarh, Tehsil Deoli, District Tonk, Rajasthan.
19. Iftekhar Ali S/o Shri Mukhtar Ali, R/o VPO Aligarh, Tehsil
Uniara, District Tonk, Rajasthan.
20. Bhairu Lal Jat S/o Shri Jagdeesh Jat, R/o VPO Chougai, Tehsil
(7 of 29)
Peeplu, District Tonk, Rajasthan.
21. Rajnish Verma S/o Shri Hari Narayan Verma, R/o Shastri
Nagar Railway Station, Post Malpura, District Tonk, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Department of
Education, Government of Rajasthan, Rural Development and
Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Ajmer, District Ajmer,
Rajasthan
5. The Chief Executive Officer, Zila Parishad Bharatpur, District
Bharatpur, Rajasthan.
6. The Chief Executive Officer, Zila Parishad Churu, District Churu,
Rajasthan.
7. The Chief Executive Officer, Zila Parishad Sikar, District Sikar,
Rajasthan.
8. The Chief Executive Officer, Zila Parishad Bundi, District Bundi,
Rajasthan.
9. The Chief Executive Officer, Zila Parishad Tonk, District Tonk,
Rajasthan.
10. The District Education Officer, Elementary Education, District
Ajmer, Rajasthan.
11. The District Education Officer, Elementary Education, District
Bharatpur, Rajasthan.
12. The District Education Officer, Elementary Education, District
Churu, Rajasthan.
13. The District Education Officer, Elementary Education, District
Sikar, Rajasthan.
14. The District Education Officer, Elementary Education, District
Bundi, Rajasthan.
15. The District Education Officer, Elementary Education, District
Tonk, Rajasthan.
(8 of 29)
----Respondents
S.B. Civil Writ Petition No. 4062 / 2018
1. Vinod Parmar S/o Shri Natha Ram Parmar, Aged About 38
Years, R/o H.No. 127, Sriganesh Kunj, Falana, District Pali,
Rajasthan.
2. Jitendra Bhati S/o Shri Gopal Ram, R/o Jaitaran, District Pali,
Rajasthan.
3. Mohan Ram S/o Shri Pratap Ram, R/o VPO Banwal, Tehsil
Parbatsak, District Nagaur, Rajasthan.
4. Hemender Krishan S/o Shri Rajinder Krishan, R/o 126, Laxmi
Nagar, 100ft. Road, Ward No.34, District Sriganganagar,
Rajasthan.
5. Rajpal Singh Rathore S/o Shri Mohan Singh Rathore, 83-A, Shiv
Nagar, Dadi Ki Patak, District Jaipur, Rajasthan.
6. Gyan Singh S/o Shri Balwan Singh, R/o VPO Bhojasar, Tehsil
Bhadra, District Hanumangarh, Rajasthan.
7. Rahul Kumar S/o Shri Suresh Chander, R/o Ward No. 04,
Hathipura Bass, Bhadra, District Hanumangarh, Rajasthan.
8. Raja Rajendra Prasad Jain S/o Shri Bhairu Lal Jain, R/o Shakti
Colony, Old Bus Stand, Mandhawar, Tehsil Mahwa, District Dausa,
Rajasthan.
9. Pawan Swaroop Gaur S/o Shri Ram Swaroop Gaur, R/o Nev
Jeevan Academy School, Ismailpur Road, Ward No. 16, Khairthal,
District Alwar, Rajasthan.
10. Satya Narayan Sukhwal S/o Shri Heera Lal Sukhwal, R/o VPO
Banakaya Kallan, Tehsil Kapasan, District Chhitorgarh, Rajasthan.
11. Rameshwar Lal Regar S/o Shri Bagdi Ram, R/o VPO Village
Pipalda, Post Dorai, District Chhitorgarh, Rajasthan.
12. Mahendra Kumar S/o Shri Kailash Chand, R/o Idwa, Tehsil
Degana, District Nagaur, Rajasthan.
13. Nathu Ram Kumhar S/o Shri Rekha Ram Kumhar, R/o Ward
No.05, Athuna Mohalla, Dhani Kumharan, District Churu,
Rajasthan.
----Petitioners
Versus
(9 of 29)
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District- Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Pali, District Pali,
Rajasthan.
5. The Chief Executive Officer, Zila Parishad Hanumangarh, District
Hanumangarh, Rajasthan.
6. The Chief Executive Officer, Zila Parishad Sawaimadhopur,
District Sawaimadhopur, Rajasthan.
7. The Chief Executive Officer, Zila Parishad Chhitorgarh, District
Chhitorgarh, Rajasthan.
8. The Chief Executive Officer, Zila Parishad Udaipur, District
Udaipur, Rajasthan.
9. The District Education Officer, Elementary Education, District
Pali, Rajasthan.
10. The District Education Officer, Elementary Education, District
Hanumangarh, Rajasthan.
11. The District Education Officer, Elementary Education, District
Sawaimadhopur, Rajasthan.
12. The District Education Officer, Elementary Education, District
Chhitorgarh, Rajasthan.
13. The District Education Officer, Elementary Education, District
Udaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4061 / 2018
1. Padam Singh Rathore S/o Shri Ridmal Singh Rathore, Aged
About 42 Years, R/o Housing Board, Balotra, District Barmer,
Rajasthan.
2. Rekha Panwar D/o Shri Radha Kishan Panwar, R/o Bhura Bass,
Ward No.04, Deshnok, District Bikaner, Rajasthan.
3. Vinod Kumar S/o Shri Gauri Shankar, R/o VPO Hansalsar, Via
Baragaon, Tehsil Umaipurwati, District Jhunjhunu, Rajasthan.
(10 of 29)
4. Pradeep Vishnoi S/o Shri Budha Ram, R/o VPO Umarlai, Tehsil
Pachpadra, District Barmer, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Barmer, District
Barmer, Rajasthan.
5. The District Education Officer, Elementary Education, District
Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4049 / 2018
1. Hari Singh Luna S/o Shri Hajari Mal, Aged About 36 Years, R/o
Raipura, Ratusar, Sardarsahar, District Churu, Rajasthan.
2. Praveen Kumar Rajpurohit S/o Shri Jagmal Singh Rajpurohit,
R/o VPO Dangariya, Tehsil Gudhamalani, District Barmer,
Rajasthan.
3. Govind Parmar S/o Shri Hari Prakash Parmar, R/o Sastri Nagar
Colony, Tehsil & District Jalore, Rajasthan.
4. Jitendra Kumar S/o Shri Jasa Ram, R/o Bera Koyata, Tehsil &
District Jalore, Rajasthan.
5. Ramniwas S/o Shri Nimba Ram, R/o Village Shivpura, Raidhanu,
District Nagaur, Rajasthan.
6. Hitesh Kumar Parmar S/o Shri Bhoma Ram Parmar, R/o Behind
Senior Secondary School, Meghwalvas, Sarupganj, District Sirohi,
Rajasthan.
7. Harish Kumar S/o Shri Ishwar Singh, R/o Village Mehriya, Post
Sherda, Bhadra, District Hanumangarh, Rajasthan.
8. Ruchi Bhardwaj D/o Shri Surendra Sharma, Aged About 35
Years, R/o 166, Van Vihar Colony, Tehsil & District Churu,
Rajasthan.
(11 of 29)
9. Chanderkala D/o Shri Krishan Kumar, R/o Ward No.04, Near MP
Chowk, Tehsil Rajgarh, District Churu, Rajasthan.
10. Ganesha Ram Chiga S/o Shri Gumana Ram Chiga, R/o Village
Skhasar, Post Kakku, Tehsil Nokha, District Bikaner, Rajasthan.
11. Rakesh Tiwari S/o Shri Shiv Shankar Tiwari, R/o Ward No.33,
Kumharo Ka Mohalla, Tehsil Lunkaransar, District Bikaner,
Rajasthan
12. Naveen Kumar S/o Shri Sube Singh, R/.o VPO Berla, Tehsil
Surajgarh, District Jhunjhunu, Rajasthan.
13. Ajay Kumar S/o Shri Madan Lal, R/o 1SKM(D), Tehsil
Gharsana, District Sriganganagar, Rajasthan.
14. Net Ram Yogi S/o Shri Raju Lal Yogi, R/o VPO Andhiya Khera,
Tehsil Nadauti, District Karauli, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Jalore, District Jalore,
Rajasthan
5. The Chief Executive Officer, Zila Parishad Bikaner, District
Bikaner, Rajasthan.
6. The Chief Executive Officer, Zila Parishad Jaisalmer, District
Jaisalmer, Rajasthan.
7. The Chief Executive Officer, Zila Parishad Sriganganagar, District
Sriganganagar, Rajasthan.
8. The Chief Executive Officer, Zila Parishad Karauli, District
Karauli, Rajasthan.
9. The District Education Officer, Elementary Education, District
Jalore, Rajasthan.
10. The District Education Officer, Elementary Education, District
Bikaner, Rajasthan.
(12 of 29)
11. The District Education Officer, Elementary Education, District
Jaisalmer, Rajasthan.
12. The District Education Officer, Elementary Education, District
Sriganganagar, Rajasthan.
13. The District Education Officer, Elementary Education, District
Karauli, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4047 / 2018
1. Ramesh Chandra Cheepa S/o Shri Kalyan Mal, Aged About 28
Years, R/o Near Gayaras Mata Mandir, Village Pur, District
Bhilwara, Rajasthan.
2. Rakesh Sharma S/o Shri Ram Ratan Sharma, R/o 3F-06,
Housing Board, Gulabpura, Tehsil Hurda, District Bikaner,
Rajasthan.
3. Seema Kanwar Purawat D/o Shri Chanwad Singh Purawat, R/o
H.NO.249-A, Near Police Station, Manikya Nagar, Tehsil
Mandalgarh, District Bhilwara, Rajasthan.
4. Kailash Narayan Jogi S/o Shri Jagdish Nath, R/o VPO Indergarh,
Via CRPF Camps, Lalwas, District Jaipur, Rajasthan.
5. Mina Kumari D/o Shri Laxman Singh, R/o Near Bharatpur
House, Jyoti Colony Uncha, Jahazpur, District Bhilwara, Rajasthan.
6. Mahendra Kumar S/o Shri Bodu Ram Kumawat, R/o Village
Divrala, Tehsil Srimadhopur, District Sikar, Rajasthan.
7. Naveen Kumar Jangid S/o Shri Bhanwar Lal Jangid, R/o 221,
Keshav Nagar, District Ajmer, Rajasthan.
8. Umesh Kumar Sain S/o Shri Bheem Singh Sain, R/o Village
Bagheri Khurd, Post Bagheri Kallan, District Alwar, Rajasthan.
9. Subhash Chandra S/o Shri Umashankar Sharma, R/o VPO
Purani Parasoli, Tehsil Asind, District Bhilwara, Rajasthan.
10. Shakuntla Devi D/o Shri Dhan Singh, R/o Ward No.03, Village
Bhirr, Tehsil Buhana, District Jhunjhunu, Rajasthan.
11. Pankaj Kumar Sogani S/o Shri Rajesh Kumar Sogani, R/o VPo
Pachewar, Tehsil Palpura, District Tonk, Rajasthan.
----Petitioners
Versus
(13 of 29)
1. State of Rajasthan Through the Secretary, Department of
Education, Government of Rajasthan, Rural Development and
Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Bhilwara, District
Bhilwara, Rajasthan.
5. The District Education Officer, Elementary Education, Churu.,
District Bhilwara, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4046 / 2018
1. Bharat Chauhan S/o Shri Bhagwan Das, Aged About 31 Years,
R/o New Colony Niwas, Tehsil Jaitaran, District Pali, Rajasthan.
2. Shri Ram Sharma S/o Shri Kishan Sharma, R/o VPO Shahpura,
Via Sihot Bari, Tehsil Dhod, District Sikar, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Pali, District Pali,
Rajasthan.
5. The District Education Officer, Elementary Education, District
Pali, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4044 / 2018
1. Mahendra Kumar Khatri S/o Shri Kishan Lal, Aged About 37
Years, R/o Near Laxshminarayan Mandir, Tehsil & District Jodhpur,
Rajasthan.
(14 of 29)
2. Mohammad Arif S/o Shri Bhikhu Ali, R/o Near Mata Ji Temple,
Kayamkhaniyo Ki Gali, Subhashpura, Bikaner, District Bikaner,
Rajasthan.
3. Khinv Singh S/o Shri Kundan Singh, R/o Kutiyasani Khurd,
Tehsil Degana, District Nagaur, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elmentary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Jaisalmer, District
Jaisalmer, Rajasthan.
5. The District Education Officer, Elementary Education, District
Jaisalmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4043 / 2018
1. Om Prakash S/o Shri Lala Ram, Aged About 34 Years, R/o
Village Khasarvi, Post Janvi, Tehsil Chitalwana, District Jalore,
Rajasthan.
2. Vimal Kumar S/o Shri Asu Ram, R/o VPO Sewara, Tehsil
Raniwara, District Jalore, Rajasthan.
3. Jambeshwari Beniwal D/o Shri Jodharam Beniwal, R/o Beniwal
Bhawan, Indra Coloni, Sanchore, District Jalore, Rajasthan.
4. Nand Kishore Lakhara S/o Shri Om Prakash Lakhara, R/o
Saraswati Colony Baori, Tehsol Baori, District Jodhpur, Rajasthan.
5. Surendra Vishnoi S/o Shri Jai Kishan Vishnoi, R/o VPO Sewara,
Tehsil Raniwara, District Jalore, Rajasthan.
6. Sohani Bai D/o Shri Tulasa Ram, R/o Dhetar Walo Ki Dhani, VPO
Karda, District Jalore, Rajasthan.
7. Dhola Ram S/o Shri Bhoora Ram, R/o VPO Sankad, Tehsil
Sanchore, District Jalore, Rajasthan.
(15 of 29)
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District- Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Jalore, District Jalore,
Rajasthan.
5. The District Education Officer, Elementary Education, District
Jalore, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4041 / 2018
1. Nyaz Khan S/o Shri Sultan Khan, Aged About 30 Years, R/o VPO
Sudrasan, Tehsil Didwana, District Nagaur, Rajasthan.
2. Teja Ram S/o Shri Shavata Ram, R/o VPO Dugastau, Tehsil
Jayal, District Nagaur, Rajasthan.
3. Priyanka Sharma D/o Shri Laxmi Narayan, R/o Sevkon Ka
Mohalla, Near Satsang Bhawan, Merta City, District Nagaur,
Rajasthan.
4. Suman Devi D/o Shri Hari Ram, R/o VPO Sefraguwar, Tehsil
Khetri, District Jhunjhunu, Rajasthan.
5. Namrata Jangir D/o Shri Ramawtar Jangir, R/o 4/149, Housing
Board, Jhunjhunu, District Jhunjhunu, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Nagaur, District
(16 of 29)
Nagaur, Rajasthan.
5. The District Education Officer, Elementary Education, District
Nagaur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4039 / 2018
1. Tulchha Ram Dhaka S/o Shri Purkha Ram, Dhaka, Aged About
30 Years, R/o VPO Bhainser Chawandiyali, Tehsil Tinwari, District
Jodhpur, Rajasthan.
2. Randeep S/o Shri Mithu Lal, R/o VPo Chak-4 CYM, Tehsil
Rawatsar, District Hanumangarh, Rajasthan.
3. Neena Gurjar D/o Shri Rajendra Kumar Gurjar, R/o H.No.66,
Mill Colony, Opposite Railway Station, Beawar, District Ajmer,
Rajasthan.
4. Pankaj Kumar S/o Shri Bhanwar Lal Dhaiya, R/o 223-A Road
No.7, Moti Nagar, Queens Road, District Jaipur, Rajasthan.
5. Mahendra Kumar S/o Shri Sunna Ram, R/o Village Mehara,
Gujawarwas, Tehsil Khetri, District Jhunjhunu, Rajasthan.
6. Anju Kumari D/o Shri Lala Ram, R/o VPO Gandala, Tehsil
Behror, District Jaipur, Rajasthan.
7. Kiran D/o Shri Hari Lal, R/o Indra Nagar, Jhalang Dungari,
District Jaipur, Rajasthan.
8. Archana Gupta D/o Shri Lallu Prasad Gupta, R/o Village
Sainthal, Tehsil & District Dausa, Rajasthan.
9. Lalit Kumar Pandey S/o Shri Niranjan Lal Pandey, R/o Bansi
Vihar Colony, Near Vidhyapeeth Bhusawar, Tehsil Bhusawar,
District Bharatpur, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Rajsamand, District
(17 of 29)
Rajsamand, Rajasthan.
5. The Chief Executive Officer, Zila Parishad Jaipur, District Jaipur,
Rajasthan.
6. The District Education Officer, Elementary Education, District
Rajsamand, Rajasthan
7. The District Education Officer, Elementary Education, District
Jaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3284 / 2018
Suman Kumari Joshi Daughter of Shri Kalu Lal Joshi, Aged About
31 Years, Resident of House No. 222, Laxmi Narayan Colony, VPO
Vhujda Tehsil Girwa, District Udaipur (Raj.).
----Petitioner
Versus
1. State of Rajasthan Through the Secretary, Department of
Education, Government of Rajasthan, Secretariat, Jaipur.
2. Secretary, Rural Development and Panchayati Raj Department,
Government of Rajasthan, Secretariat, Jaipur
3. Director, Elementary Education, Government of Rajasthan,
Bikaner.
4. Chief Executive Officer, Zila Parishad, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 3654 / 2018
1. Moti Lal Kanojia S/o Shri Ramchander, Aged About 33 Years,
R/o Indira Colony, Tehsil Phalodi, District Jodhpur, Rajasthan.
2. Badri Narayan Mali S/o Shri Kishana Ram, Behind Guchiyon Ki
Bagechi, Ward No.01, Tehsil Phalodi, District Jodhpur, Rajasthan.
3. Manish Choudhary S/o Shri Sukharam Choudhary, R/o 3-
Palasani House, Paota "B" Road, Jodhpur, District Jodhpur,
Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
(18 of 29)
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner,
Rajasthan.
4. The Chief Executive Officer, Zila Parishad Barmer, District
Barmer, Rajasthan.
5. The Chief Executive Officer, Zila Parishad Jaisalmer, District
Jaisalmer, Rajasthan.
6. The Chief Executive Officer, Zila Parishad Jodhpur, District
Jodhpur, Rajasthan.
7. The District Education Officer, Elementary Education, District
Barmer, Rajasthan.
8. The District Education Officer, Elementary Education, District
Jaisalmer, Rajasthan.
9. The District Education Officer, Elementary Education, District
Jodhpur, Rajasthan.
----Respondents
_____________________________________________________
For Petitioner(s) :Mr. Kailash Jangid
For Respondent(s) :Mr. Dinesh Ojha for Mr. PR Singh, AAG
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 13/04/2018
1. These writ petitions under Articles 226 of the Constitution of India have been preferred, claiming, in sum and substance, the following reliefs:-
"1. By an appropriate writ order or direction, the condition no.03 of the order dated 28.02.2018 and any order denying the qualification of the petitioners for selection and appointment on the post of Teacher Grade-III (Level-II) English in pursuance of the amended advertisement dated 11.09.2017 may kindly (19 of 29) be quashed and set aside.
2. By an appropriate writ order or direction, the respondents may kindly be directed to consider the Additional Qualification of the petitioners i.e. BA Additional English for the post of Teacher Grade III (Level-II) English in pursuance of the amended advertisement dated 11.09.2017.
3. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioners in the further selection process and provide the appointment on the post of Teacher Grade III (Level-II) English in pursuance of the amended advertisement dated 11.09.2017 with all consequential benefits.
4. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
2. The brief facts in this case, as noticed by this Court, are that the petitioners, while possessing the qualification of Graduation and B.Ed, sought to participate in the selection process of Teacher Grade III Level II (English) in pursuance of the advertisement notification dated 06.07.2016. The petitioners while pursuing their Graduation, were also having English Literature, as additional Subject in the Graduation, and the University concerned issued mark-sheets for the Additional Subject of English. The advertisement in question was to be implemented as per the National Council for Teachers Education (Determination of Minimum Qualification for Recruitment of Teachers in Schools) Regulations, 2005 ( hereinafter referred to as 'the Regulations of (20 of 29) 2005'), which lays down the eligibility and other criteria.
3. In the Regulations of 2005, it was stipulated that any person having less than 50% marks in BA/MA shall not be entitled to get the admission in B.Ed course. The petitioners admittedly were having more than 50% marks and thus, entitled for admission in STC/B.Ed.
4. The petitioners filled-in their online application forms for which, the last date was 01.08.2016. Thereafter, the respondents issued an amended advertisement dated 11.09.2017, in light of the judgment rendered by the Division Bench of this Hon'ble Court at Jaipur Bench in Sher Singh & Ors. Vs. Dinesh Singh & Ors. (D.B. Special Appeal Writ No.1464/2016), decided on 27.04.2017, whereby the new parameters were laid down.
5. The petitioners, who are eligible on count of first advertisement, updated their application forms, and thereafter, as per the amended advertisement dated 11.09.2017, the selection process, so announced, as referred in the pleadings made in para No.10 and 11 of the writ petition, mentioned that on the basis of marks of RTET/REET, the merit shall be prepared district wise and, thereafter, the final select list was to be issued.
6. The Hon'ble Division Bench in Sher Singh's case (supra) directed the respondents to lay down the new criteria giving importance to the Subject concerned by adding the marks secured by the candidate concerned in the said Subject for the purpose of preparation of the overall merit. The respondents accordingly changed the educational qualification in accordance with the (21 of 29) observations made by the Hon'ble Division Bench, to the following effect:-
"For the teacher of language, the candidate must have passed Graduation or equivalent examination with the corresponding language as an optional subject and it was also mentioned that they must have passed the REET/RTET in the subject applying for."
7. Regarding the Additional qualification for the purpose of appointment on the post in question, the advertisement dated 11.09.2017 prescribes condition No.6, which reads as follows:
"6- ;fn fdlh vk'kkFkhZ us LukRd ,sls vfrfjDr fo"k; esa mRrh.kZ dh gS rFkk vH;FkhZ ftl fo"k; ds vkosnu dj jgk gS rks 'kSf{kd ;ksX;rk vadksa dk izfr'kr fudkyrs le;
vfrfjDr fo"k; ds dqy izkIrkad Hkh izfr'kr fudkyus ds fy, ekU; gksaxsA "
8. The petitioners, who were having Graduation in their respective subjects, thereafter further added additional subject in their Graduation which is English Literature, and as per the above- mentioned required qualification, the petitioners became eligible to participate in the selection process for the post of Teacher Grade III Level II (English) in pursuance of the recruitment year 2016. The earlier criteria was not including the marks obtained in the requisite subject.
9. Rule 266 of the Panchayati Raj Rules, 1996 which prescribed for the minimum required qualification reads as follows :-
"Rule 266. Academic Qualification - A recruit must possess minimum qualification as under :-
Level - (II) Classes VI to VIII (22 of 29) Qualification as laid down by National Council for Teacher Education (NCTE) under the provision of Sub- section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No.35 of 2009) from time to time."
10. The petitioners were thus, having the requisite qualification, underwent the selection process and were preparing themselves for the verification of the documents for which, the separate lists were issued. The cut-off marks were declared on 25.01.2018, and for the category of General Male and Female, the cut-off marks were 65.88 with the date of birth 26.09.1991; for OBC Male and Female category, 64.25 marks with date of birth 05.10.1978; and for the category of SC Male it was 60.35 marks with date of birth 25.02.1989. The petitioners secured appropriate marks over and above, the cut-off marks in their respective categories and were thus, declared successful, in accordance with the advertisement. The provisional select list was issued and published on the official website of the respondents on 27.01.2018 for the purpose of going ahead with verification of documents, and the petitioners' names reflected in the select list against the post of Teacher Grade III Level II (English) and the petitioners were allotted their respective district.
11. The respondents issued an order dated 20.02.2018, whereby it was directed to conduct the counselling for the selected candidates belonging to the Non-TSP Area, for the post of Teacher Grade III Level II (English), and the calendar for the counselling was accordingly issued on 20.02.2018. Thereafter, the (23 of 29) respondents issued an order dated 28.02.2018, wherein, there is a mention of one order passed by this Hon'ble Court at Jaipur Bench in S.B. Civil Writ Petition No.19113/2017. At this juncture, it is pertinent to make particular reference of the order 23.02.2018 passed by this Hon'ble Court at Jaipur Bench in Manju Kumari & Ors. Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.2902/2018), which reads as under:-
"Heard learned counsel for the parties. Main grievance of the petitioners is to inclusion of ineligible candidates on account of misrepresentation, forged documents and/or mark-sheets, incorrect and false disclosers as to martial status etc; so also to inclusion of candidates, eligible for appointment to the post of Teacher Grade-III (Level-I), against the posts of Teacher Grade-III (Level-II), which has resulted into exclusion of the petitioners.
Mr. S. K. Gupta, learned AAG, appearing on behalf of the State- espondents gives out that after service of the notice of the writ application(s), the select list of eligible candidates (Annexure- 27), has been revised rectifying the illegalities/irregularitiespleaded and pointed out during the course of hearing. The revised list has also been uploaded on the website of the respondent- Department.
It is further urged that a glance of the break-up of the vacancies in the revised list drawn would reflect that out of 4940 total vacancies advertised, 172 have been carried forwarded for those vacancies are of ST/Sahariya category. Out of remaining 4768 vacancies, 650 candidates remained absent reducing the total number of vacancies to 4118.
It is further pointed out that on scrutiny of the documents, 253 candidates have been found ineligible and scrutiny of documents of 318 candidates is still in process.
There are 196 candidates who have acquired the educational qualification with additional subject.
(24 of 29) Thus, 3351 candidates have been enlisted as eligible, whose break-up has also been furnished categorywise with reference to reservation, which reads thus:
Eligible Candidates General 1761 MBC 18 OBC 637 SC 613 ST 322 Total 3351 Heard on stay application.
While the respondents are permitted to proceed further with the recruitment process, strictly in accordance with the contemplation under the Rules and advertisement with reference to educational qualification and other conditions; it shall be duty of the State- respondents to carry out the recruitment process ensuring strict scrutiny of the documents as to eligibility of the participating candidates in corroboration and confirmation with the information that may be available on the website of the Board of Secondary Education, Rajasthan, Ajmer, with reference to RTET/REET.
The respondents are further directed to allow the candidates who participated in the earlier recruitment process and were not required to apply again in the backdrop of the observations made by a Division Bench of this Court in the case of Sher Singh & Ors. Vs. Dinesh Singh & Ors., decided on 27 th April, 2017; they shall be provided a last and final opportunity to furnish the necessary details required to participate in the recruitment process involved herein by a specific date.
The State-respondents would also complete the scrutiny of the pending 318 applications which are yet to be scrutinized.
It is further directed that the vacancies which may result consequent upon opportunity not availed by the candidates who were absent and those who have been accorded another opportunity in the backdrop of order in the case of Sher Singh (supra), shall be filled up (25 of 29) strictly according to merit of the participating candidates.
Mr. S. K. Gupta, learned AAG, would also advise the Officers/Officials entrusted with the recruitment process, to upload the necessary information as to documents conferring eligibility on the participating candidates, on the website of the respondent- Department, in a legible form.
Further, list of details of the Officers/Officials, entrusted/associated with the recruitment process, including verification of the documents; be also furnished to this Court for the purpose of necessary criminal/civil/departmental action, in the event of any illegality/irregularity if committed by them; in addition to contempt proceedings for such an action would be treated as an obstruction in Court proceedings in dispensation of justice.
Needless to observe that respondents would slide down only to include the eligible candidates according to their merit, to the extent of vacancies that may occur on account of exclusion of ineligible and/or absentee candidates, but for 196 vacancies.
It is made clear that the recruitment process involved herein, shall shall remain subject to outcome on these writ applications.
A copy of this order shall be made available to Mr. S. K. Gupta, AAG, for onward transmission and necessary compliance, without fail.
It will be open for the State-respondents to take necessary steps to issue general notice in the newspapers with vide circulation in the State of Rajasthan and also to reflect the information on the website of the Department.
SBCWP No. 18442/2017, which be detagged from the instant batch of writ applications and be listed sperately on 26th February, 2018.
Matter be listed along with connected cases except lead case being 2902/2018, so also with SBCWP No. 19113/2017, 2946/2018, 3775/208, 3865/2018 and 2332/2018, on 15th March, 2018, for further hearing/proceedings."
(26 of 29)
12. The aforementioned letter dated 28.02.2018 of the respondents carried a language, which was nowhere reflected in the aforementioned order, and the language clearly reflected that the persons having additional subject would not be permitted for the counselling on 07.03.2018 and 08.03.2018. The relevant portion of the order dated 28.02.2018 reads as follows :-
"3- ftu vH;fFkZ;ksa }kjk vfrfjDr fo"k; (Additional Subject) dh ;ksX;rk izLrqr dh gS o ik= ik;s x;s gS] vfrfjDr fo"k; ds laca/k esa ekuuh; U;k;ky; esa ;kfpdk la[;k 19113 /2017 o vU; fopkjk/khu ftldh vkxkeh is'kh fnukad 15-03-2018 fu;r gSA vr% vfrfjdr fo"k; okys ik= vk'kkfFkZ;ksa dks fnukad 07 o 08 ekpZ] 2018 dks vk;ksftr dkmalfyax esa lfEefyr ugha djuk gSA"
13. As per the said letter dated 28.02.2018, the counselling was not held on 07.03.2018 and 08.03.2018. However, the counselling was scheduled to be conducted on 20.03.2018 and 21.03.2018, in light of the order dated 15.03.2018 passed by this Hon'ble Court in Manju Kumari's case (supra).
14. Learned counsel for the petitioners has shown to this Court that the debarring of the petitioners in the counselling, as above, was the outcome of the incorrect interpretation of the order passed by this Hon'ble Court on 23.02.2018 in Manju Kumari (supra), as the Hon'ble Court in the said order has only subjected the recruitment process to final outcome of the writ petition, and the order only implies that certain candidates were to be included in the process initiated for the post in question against 196 vacancies, but did not call for any exclusion of the candidates who are already their in the select list.
(27 of 29)
15. Learned counsel for the petitioner has further pointed out that the Hon'ble Court in Manju Kumari (supra) has not passed any order, which would debar the present petitioners, who were having additional subject of English Literature in their Graduation, from participating in the counselling.
16. Learned counsel for the respondent has not been able to refute the aforesaid submissions made on behalf of the petitioners, and also is not in a position to explain the implication of condition No. 6 in the advertisement of 11.09.2017. The said condition No.6 categorically required the persons having the additional subject to be taken into consideration, while determination of the overall merit of the candidates concerned.
17. Learned counsel for the respondent has seen the order of Manju Kumari (supra) dated 23.02.2018 as well as the aforementioned condition No.3 of the order dated 28.02.2018 issued by the respondents, and does not find any matching compliance by the respondents of the order of the Hon'ble Court in the shape of condition No.3 in the order dated 28.02.2018.
18. However, learned counsel for the respondents stated that due to some kind of misunderstanding, the condition No.3 in the order dated 28.02.2018 has been incorporated, as learned counsel for the respondents could not relate the condition No.3 to the order dated 23.02.2018 passed in Manju Kumar (supra) by this Hon'ble court.
19. The limited adjudication to be made by this Court at this stage is that the condition No. 3 in the order dated 28.02.2018 could be justified by the respondents or not.
(28 of 29)
20. After hearing counsel for the parties and perusing the record of the case, this Court finds that there is no reason why the additional subject of English Literature in the Graduation would not be considered by the respondents for the purpose of recruitment in pursuance of the amended advertisement dated 11.09.2017 for the post of Teacher Grade III Level II (English). This Court further observes that after the judgment of Sher Singh (supra), the respondents have incorporated the merit of the subject and in their condition No.6 in the advertisement dated 11.09.2017. There is already a condition that any graduate in the additional subject, if applies, then the requisite percentage of the marks obtained shall be utilized for computing the merit of the concerned candidate. This Court finds that respondent have not disputed the petitioners being in select list and being debarred only on count of condition No.3, as imposed by the order dated 28.02.2018.
21. This Court goes with the submission of the learned counsel for the respondents, and also on a bare reading of the order passed in Manju Kumari (supra) dated 23.02.2018, there is no such condition which would prompt the respondents to pass the order dated 28.02.2018, whereby the petitioners who, as per the criteria laid down for participating in the selection process, were entitled to be given consequential appointment on the post in question, were debarred from participating in the counselling process. This Court also takes note of the fact that in Manju Kumar (supra), this Hon'ble Court further passed an order on 15.03.2018 whereby, the Hon'ble Jaipur Bench of this Court has (29 of 29) directed to continue with the recruitment process including counselling and posting for which, list of eligible candidates has already been drawn.
22. Thus, in light of the aforesaid observations, the present writ petitions are allowed and the impugned condition No.3 of order dated 28.02.2018 (Annexue-11) in the lead writ petition being S.B.Civil Writ Petition No.4038/2018 is quashed and set aside, and accordingly, the respondents are directed to continue with the selection process in question, while permitting participation of the petitioners, strictly in accordance with law, while looking into their own respective eligibility and merit. The appointment shall be given to the petitioners, as per their own merit. The consideration of the petitioners shall, accordingly, be made during the selection process for the post in question.
(DR. PUSHPENDRA SINGH BHATI)J. Sudheer