Rajasthan High Court - Jodhpur
Kailash Chand Gurjar & Ors vs State Of Rajasthan & Ors on 11 September, 2017
Author: Sangeet Lodha
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10971 / 2017
1. Kailash Chand Gurjar S/o Shri Bhagwana Ram, Aged About 32
Years, R/o Village Amarsar Post Jivadiya, Tehsil Makarana, District-
Nagaur.
2. Bhanwar Singh Rathore S/o Shri Kishore Singh Rathore, Aged
About 36 Years, R/o V/p Ranigaon, Tehsil Makarana, District
Nagaur.
3. Rakesh Kumar Gurjar S/o Shri Rameshwar Singh Garjar, Aged
About 30 Years, R/o Village Kheri Radan Post- Balaran, Tehsil
Laxmangarh, District Sikar.
4. Bijendra Kumar Mahala S/o Shri Durga Ram Mahala, Aged
About 30 Years, R/o VPO Badusar, Tehsil Laxmangarh, District
Sikar.
5. Mangilal S/o Shri Gopal Ram, Aged About 31 Years, R/o Village
Siniya Posrt Ranigaon, Tehsil Makarana, District Nagaur.
6. Devi Lal S/o Shri Shrwan Ram, Aged About 31 Years, R/o
Damboi Khurd, Tehsil Makarana, District Nagaur.
7. Sumer Singh Chouhan S/o Shri Jaswant Singh Chouhan, Aged
About 31 Years, R/o VPO Mithriya, Tehsil Degana, District Nagaur.
8. Om Prakash Yadav S/o Shri Gyarsilal Yadav, Aged About 32
Years, R/o Village Sherpura Post- Khori, Tehsil Shahpura, District
Jaipur.
9. Babu Lal Jat D/o Nanuram Jat, Aged About 43 Years, R/o
Samarpura Post Bansa, Tehsil Chomu, District Jaipur.
10. Anil Kumar Sharma S/o Shri Ram Prasad Sharma, Aged About
29 Years, R/o F-221 JDA Colony Meena Paldi Agra Road, District
Jaipur.
11. Dhanesh Kaushik S/o Shri Makhan Lal Kaushik, Aged About 35
Years, R/o Sandwa Tehsil Tosham, District Bhiwani, Haryana.
12. Sumitra Bhadoria W/o Shri Jagdish Bhadoria, Aged About 41
Years, R/o D-185 Kardhani Kalwar Road Jhotwara, Jaipur.
13. Manoj Kumar Doon D/o Shri Dula Ram, Aged About 33 Years,
R/o G.P.S. Sirohiyon Ki Dhani Minda Tehsil Nawa, District Nagaur,
Rajasthan.
14. Rinku Choudhary S/o Shri Sultan Singh, Aged About 26 Years,
R/o G.P.S. Takiya Ka Bas Minda, Tehsil Nawa, District Nagaur,
Rajasthan.
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[CW-10971/2017]
15. Doolichand Gurjar S/o Shri Bhairu Shai, Aged About 38 Years,
R/o GGUP School Gurjaron Ki Dhani Bhooni Block, Nawa City,
District Nagaur.
16. Ram Gopal Sharma S/o Shri Mool Chand, Aged About 38
Years, R/o VII- Manfara Post - Jakhora, District Jhunjhunu.
17. Sharwan Ram S/o Shri Anna Ram, Aged About 29 Years, R/o
Chandawata, VIA Gotan, Tehsil Merta City, District Nagaur.
18. Suresh Chand Meena S/o Gajraj Meena, Aged About 29 Years,
R/o VPO Machadi Tehsil Todabhim, District Karauli, Rajasthan.
19. Sunita Jalwaniya D/o Ram Niwas Jalwaniya, Aged About 26
Years, R/o Gotan, Tehsil Merta, District Nagaur.
20. Mahavir Parsad S/o Lila Ram, Aged About 35 Years, R/o VPO
Sameja Kothi (15PTD) Tehsil Raisingh Nagar, District
Sriganganagar.
21. Prabhu Ram S/o Shri Mahaveer Prasad, Aged About 31 Years,
R/o Ward No. 1 Village Sardarpura (Khalsa) Tehsil Rawatsar,
District Hanumangarh.
22. Narayan Ram S/o Mangla Ram, Aged About 29 Years, R/o
Jhanwar Luni, Jodhpur P.O.P., G.U.P.S. Arwa Fatha Chitalwana.
23. Gorkha Ram S/o Kesa Ram, Aged About 29 Years, R/o Village
Janipura Post Bhimguda, Tehsil Chitalwana, Jalore.
24. Rajesh Kumar S/o Mohan Singh, Aged About 33 Years, R/o
Village Varson, Post Bhartpur Tehsil and District- Bharatpur.
25. Naresh Kumar Ratangwal S/o Shri Mani Ram Ranagwal, Aged
About 24 Years, R/o Village Naradhana, Post Didiya Kalan, District
Nagaur.
26. Ramdev Bhakar S/o Shri Sukhram, Aged About 32 Years, R/o
Village Kanpur Manjra, Tehsil Jayal, District Nagaur.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Department of Rural
& Panchayati Raj, Government of Rajasthan, Jaipur, Rajasthan.
2. The Secretary, Department of Education, Government of
Rajasthan, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District- Bikaner,
Rajasthan.
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4. The Chief Executive Officer, Zila Parishad, Nagaur, Rajasthan.
5. The Chief Executive Officer, Zila Parishad, Jalore, Rajasthan.
6. The Chief Executive Officer, Zila Parishad Barmer, Rajasthan.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Vinod Choudhary for Mr. Kuldeep Mathur
For Respondent(s) : Mr. Vikas Choudhary for
Mr. S.S. Ladrecha, AAG
_____________________________________________________
HON'BLE MR. JUSTICE SANGEET LODHA
Order 11/09/2017 Issue notice.
Mr. Vikas Choudhary accepts the notices on behalf of the respondents. Service is therefore, complete.
With the consent of learned counsel for the parties, the matter is finally heard at this stage.
By way of this writ petition, the petitioners are seeking directions to the respondents to confirm their services on the post of Teacher Gr.III on completion of 2 years probation period in conformity with Rule 27B of the Rajasthan Service Rules, 1958.
Learned counsel appearing for the petitioners submits that the controversy involved in this writ petition stands covered by a judgment dated 2.5.17 passed by the Jaipur Bench of this Court in SB Civil Writ Petition No.6614/17, whereby a Coordinate (4 of 5) [CW-10971/2017] Bench has allowed the said writ petition filed by one Mr. Chhotu Ram Regar in the following terms :
"A reference has also been made to the order dated 11th September, 2015, in S.B. Civil Writ Petition No. 639/2015:
Ashok Kumar Naval & Ors. Versus State of Rajasthan & Ors., along with connected matter i.e. S.B. Civil Writ Petition No. 1692/2015: Ajay Singh & Ors. Versus State of Rajasthan & Ors., observing that the petitioners, who failed to make the cut off after revaluation and revision of merit list shall not be ousted from the service, but their names shall figure at the bottom of the list of the selected candidate. A further direction has been given to the State- respondents to undertake an exercise to confirm the petitioners in service as per Rule 27-B of the Rajasthan Service Rules."
Learned counsel for the petitioners submits that the decision rendered in Chhotu Ram Regar's case (supra) has been further followed by this Court in the matter of 'Sandeep Kumar Bishnoi & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.4031/2017) and other connected petitions decided on 19.5.17, which stands affirmed by a Bench of this Court vide judgment dated 5.9.17 rendered in D.B. Special Appeal (Writ) No.690/2017 (State of Rajasthan & Others Vs. Sandeep Kumar Bishnoi & Others) and other connected appeals.
It is not disputed by Mr. Vikas Choudhary, counsel assisting learned Additional Advocate General, appearing on behalf of the respondents that the controversy involved in the matter stands covered by the decisions of this Court in Chhotu Ram Regar's case (supra) and Sandeep Kumar Bishnoi's case (supra).
(5 of 5) [CW-10971/2017] In this view of the matter, the writ petition is allowed. The respondents are directed to undertake the exercise to confirm the petitioners in conformity with the Rule 27B of the Rajasthan Service Rules, 1958. The entire exercise in this regard shall be completed within a period of three months from today. No order as to costs.
(SANGEET LODHA), J.
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