Rajasthan High Court - Jodhpur
Sohan Lal Bhagora vs State Of Rajasthan on 5 September, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13285/2019
1. Sohan Lal Bhagora S/o Navla, Aged About 33 Years, R/o
Village And Post Samariya, District Banswara.
2. Sharda Kumari D/o Hira Lal, Aged About 27 Years, W/o
Sabur Singh , R/o Ward No. 05, Village And Post
Rohanwari, Tehsil Gangar Talai, District Banswara.
3. Hansa Kumari D/o Heera Lal Damor, Aged About 29
Years, W/o Suresh Chandra Maida, R/o Village And Post
Samariya, District Banswara.
4. Deelip Kumar Katara S/o Kachara Katara, Aged About 28
Years, R/o Village Itauva, Post Barodiya, Tehsil Bagidora,
District Banswara.
5. Sangeeta Dodiyar D/o Banjamin Dodiyar, Aged About 25
Years, R/o Chobiso Ka Pandala, Post Gamdi, Talwara,
District Banswara.
6. Trilok Chand Dodiyar S/o Gautam Lal Dodiyar, Aged About
32 Years, R/o Village Choubisa Ka Padla, Post Talwara,
District Banswara.
7. Ram Pratap Singh Adivasi S/o Vimal Kant Adivasi, Aged
About 33 Years, R/o Village Lalwara, Post Lilwani, Tehsil
Bagidora, District Banswara.
8. Kaluram Maida S/o Lal Shanker Maida, Aged About 36
Years, R/o Village And Post Samariya, District Banswara.
9. Subhash Dodiyar S/o Benjamin, Aged About 26 Years, R/o
Village Chobiso Ka Padla, Post Gamdi, District Banswara.
10. Itly Kumari D/o Kishor Kumar, Aged About 41 Years, R/o
Magan Lal Damor, R/o Village Dandav, Post Dokar, Tehsil
Anandpur, District Banswara.
11. Pushpa D/o Dhanji Damor, Aged About 34 Years, W/o
Shanti Lal Pargi, R/o Village Bilka Bas, Post Gadwas,
Tehsil Dhariawad, District Pratapgarh.
12. Subhash Chandra Meena S/o Nathu Lal Meena, Aged
About 25 Years, R/o Village Bhilwara, Post Surpur, Tehsil
Dungarpur, District Dungarpur.
13. Rajbahadur Pandor S/o Narendra Pandor, Aged About 32
Years, R/o Village And Post Bamanpada, Tehsil Banora,
District Banswara.
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14. Ashvina Rawat D/o Navneet Lal Rawat, Aged About 34
Years, W/o Prakash Vadera, R/o District Banswara.
15. Rekha Katara D/o Shanker Katara, Aged About 34 Years,
R/o Village Sogpura, Post Mougama, Tehsil Bagidora,
District Banswara.
16. Lokesh Damor S/o Hira Lal Damor, Aged About 27 Years,
R/o Village And Post Tamatiya Rathod, P.s. Arthuna, Tehsil
Garhi, District Banswara.
17. Shantilal Ninama S/o Manna Lal Ninama, Aged About 32
Years, R/o Village And Post Karda, Tehsil Anandpuri,
District Banswara.
18. Punjilal Damor S/o Mohan Lal Damor, Aged About 28
Years, R/o Ward No. 11,. Tibuli Pada, Negred, Tehsil
Kherwa, District Banswara.
19. Pargi Kokilaben D/o Samabhai, Aged About 26 Years, R/o
Ward No. 01, Village And Post Sangariya, Tehsil Gangar
Talai, District Banswara.
20. Amritl Lal Damor S/o Basant Lal Damor, Aged About 34
Years, R/o Laxmi Nagar, Colony, Near S.p. Garden,
Dungarpur.
21. Sunita D/o Raymal Damor, Aged About 28 Years, R/o
Ramsour Bada, Tehsil Simalwara, Punawara, District
Banswara.
22. Sandeep Kharadi S/o Ram Lal Kharadi, Aged About 31
Years, R/o Vpo Galandar Pal, Tehsil Bichhiwara, District
Dungarpur.
23. Narayani D/o Nathu Ninama, Aged About 34 Years, W/o
Devilal Vadkhiya, R/o Village And Post Andeshwar, Tehsil
Sajjangarh, District Banswara.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, 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 Pratapgarh, Through Its Chief Executive
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Officer.
----Respondents
For Petitioner(s) : Mr. Surendra Singh Choudhary.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 05/09/2019 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 (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, (Downloaded on 05/09/2019 at 09:04:56 PM) (4 of 4) [CW-13285/2019] 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 237-Rmathur/-
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