Rajasthan High Court - Jodhpur
Sandeep Kumar Bishnoi & Ors vs State Of Rajasthan & Ors on 19 May, 2017
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4031 / 2017
1. Sandeep Kumar Bishnoi S/o Shri Ram Singh Bishnoi,, Aged
About 38 Years, R/o 13 A.S. (Bhagsar), Tehsil- Srivijaynagar,
District- Sriganganagar, Rajasthan Presently Posted At
Government Upper Primary School Umriyo Ki Bhagal, Panchayat
Samiti Rajsamand, District- Rajsamand, Rajasthan.
2. Ratan Lal S/o Shri Nanag Ram Verma,, R/o Village-
Maharajpura, Post Office Bhadkol, Via Mojpur, District- Alwar,
Rajasthan. Presently Posted At Government Upper Primary School
Bido Ki Bhagal, Panchayat Samiti Rajsamand, District- Rajsamand,
Rajasthan.
3. Sharvan Kumar S/o Shri Ved Ram,, R/o Village- Lohagarh, Post
Office Noneara, Tehsil- Kama, District- Bharatpur, Rajasthan.
Presently Posted At Government Upper Primary School Chaper
Khedi, Panchayat Samiti, Rajsamand, District- Rajsamand,
Rajasthan.
4. Padma Vaishnav D/o Shri Magan Das Vaishnav,, R/o Sector 11,
Hiran Magri, District- Udaipur, Rajasthan. Presently Posted At
Government Upper Primary School Govliya (Mundol), Panchayat
Samiti Rajsamand, District- Rajsamand, Rajasthan.
5. Lokendra Kumar S/o Shri Suresh Chand Upadhyay,, R/o VPO
Khedli, Gadasiya, Tehsil- Bayana, District- Bharatpur, Rajasthan.
Presently Posted At Government Upper Primary School Loharo Ki
Bhagal, Panchayat Samiti Rajsamand, District- Rajsamand,
Rajasthan.
6. Pankaj Kumar Sharma S/o Shri Prem Shankar Sharma,, R/o
Near Dhobi Ki Gali, Bundi, Ward No. 5, Gurunanak Nagar Coony,
District- Bundi, Rajasthan. Presently Posted At Government Upper
Primary School Madhra (Vanae) Panchayat Samiti Rajsamand,
District- Rajsamand, Rajasthan.
7. Smt. Nidhi Saini D/o Shri Rameshwar Prasad Saini,, R/o Khanna
Colony, Outside Nehru Gate, Bewar, Ajmer, Rajasthan. Presently
Posted At Government Upper Primary School Talai, Panchayat
Samiti Rajsamand, District- Rajsamand, Rajasthan.
8. Kavita D/o Shri Ram Lal,, R/o Keshar Nagr, Kolida, Tehsil &
District- Sikar, Rajasthan. Presently Posted At Government Upper
Primary School Talai, Panchayat Samiti Rajsamand, District-
Rajsamand, Rajasthan.
9. Vijay Laxmi D/o Shri Ramji Lal,, R/o 17B, Hari Nagar, Khirani
Fatak, Otwara, District- Jaipur, Rajasthan. Presently Posted At
Government Upper Primary School Dhani (Atma), Panchayat
Samiti Rajsamand, District- Rajsamand, Rajasthan.
(2 of 19)
10. Smt. Urmila D/o Shri Dharam Pal Yadav,, R/o Nasibpur, Post
Office Barkoda, Tehsil- Naarnavl, District- Mahendragarh
(Hariyana). Presently Posted At Government Upper Primary School
Dhani (atma), Panchayat Samiti Rajsamand, District- Rajsamand,
Rajasthan.
11. Tulcha Ram S/o Shri Dhagla Ram,, R/o Kotwala Ka Navoda,
Bilara, District- Jodhpur, Rajasthan. Presently Posted At
Government Primary School Dharmeta, Panchayat Samiti
Rajsamand, District- Rajsamand, Rajasthan.
12. Urmila D/o Shri Mali Ram,, R/o VPO Bhobia, Via Kajara, Tehsil-
Surajgarh, District- Jhunjhunu, Rajasthan. Presently Posted At
Government Upper Primary School Mandawala, Panchayat Samiti
Rajsamand, District- Rajsamand, Rajasthan.
13. Gopi Lal Nagar S/o Shri Badri Lal Nagar,, R/o Village Chandli,
Tehsil- Deoli, District- Tonk, Rajasthan. Presently Posted At
Government Upper Primary School Seerohi Ki Bhagal, Panchayat
Samiti Khamnor, District- Rajsamand, Rajasthan.
14. Pradhan Mal Nagar S/o Shri Lal Nagar,, R/o Near Charbhuja
Temple, Sangrampura, District- Tonk, Rajasthan. Presently Posted
At Government Upper Primary School Seerohi Ki Bhagal,
Panchayat Samiti Khamnor, District- Rajsamand, Rajasthan.
15. Krishan Kumar S/o Shri Ram Kumar,, R/o Fhevda Mohalla,
Ward No. 5, Shimla, District- Jhunjhunu, Rajasthan. Presently
Posted At Government Upper Primary School Seerohi Ki Bhagal,
Panchayat Samiti Khamnor, District- Rajsamand, Rajasthan.
16. Samir Khan S/o Shri Sarwar Ali Khan,, R/o Madansar, Post
Office Bhimsar, District- Jhunjhunu, Rajsthan. Presently Posted At
Government Upper Primary School Kama, Panchayat Samiti
Khamnor, District- Rajsamand, Rajasthan.
17. Dinesh Kumar Sharma S/o Shri Radheshyam,, R/o 104, Near
Temple, Datiya (Bakani), Tehsil- Jhalara Patan, District- Jhalawar,
Rajasthan. Presently Posted At Government Upper Primary School
Kama, Panchayat Samiti Khamnor, District- Rajsamand, Rajasthan.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary,, Department of
School Education, Government of Rajasthan, Jaipur, Rajasthan.
2. Deputy Secretary, Department of Elementary Education,,
Government of Rajasthan, Jaipur, Rajasthan.
3. Secretary, Rural & Panchayati Raj Department,, Government of
Rajasthan, Jaipur, Rajasthan.
(3 of 19)
4. Director, Elementary Education,, Bikaner, Rajasthan
5. Chief Executive Officer, Zila Parishad, Rajsamand, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 2963 / 2017
1. Chhail Singh S/o Shri Awar Dan,, Aged About 29 Years, R/o
Village & Post Ujlan, Tehsil Pokran, District Jaisalmer (Raj.)
2. Bhura Ram Choudhary S/o Shri Dhula Ram Choudhary,, R/o
Village Lunawas Jatan, Tehsil Luni, District Jodhpur (Raj.).
3. Rajendra S/o Shri Hari Ram,, R/o Village Tidyasar, Tehsil Nohar,
District Hanumangarh, (Raj.).
4. Munna Mohammed Kurasi S/o Shri Mohammed Esmile,, R/o
Village Shahpura, District Jaipur (Raj.).
5. Sant Kumar S/o Shri Mohan Lal,, R/o Ambedkar Mohalla
Bajawa, (Rawatka), District Jhunjhunu (Raj.).
6. Mahendra Kumar S/o Shri Bhanwar Lal Jatiya,, R/o Post Soyla,
Tehsil Bhopalgarh, District Jodhpur (Raj.).
7. Surender Kumar S/o Shri Rameshwer Lal,, R/o Village & Post
Bhuriwas, Tehsil Buhana, District Jhunjhunu (Raj.)
8. Deepak Meena S/o Gopi Lal Meena,, R/o Kalyan Gi Ke Mandir Ke
Pass Diggi, District Tonk (Raj.).
9. Raja Ram Kasania S/o Shri Ganesha Ram Kasania,, R/o Pani Ke
Stand Ke Pass Mithadiya, Lunkaransar, District Bikaner (Raj.).
10. Pappu Lal Meena S/o Shri Ganga Sahaya Meena,, R/o
Mahapura, Turkiya, District Tonk (Raj.).
11. Bos Ram Meena S/o Devi Lal Meena,, R/o Village & Post
Chainpur, Tehsil & District Karauli (Raj.)
12. Jai Prakash Sharma S/o Shri Purshotam Sharma,, R/o Village
& Post Utholi, Post Kohrana, Tehsil Bahrod, District Alwar (Raj.).
13. Manju Sharma D/o Shri Jagdish Chandra Sharma, R/o 91-B
Sector -5, Gandhi Nagar, District Chittorgarh (Raj.).
14. Bharat Singh Kulharia S/o Shri Devkaran Kulharia,, R/o Village
Deogarh, Tehsil Tara Nagar, District Churu (Raj.).
15. Mahi Pal Singh S/o Shri Birbal Singh,, R/o Village Bahadurwal,
(4 of 19)
Tehsil & District Jhunjhunu, (Raj.).
16. Sunil Kumar S/o Shri Shiv Narayan,, R/o Koi Road, Chima Ka
Bass, Post Berla, Tehsil Chirawa, District Jhunjhunu (Raj.).
17. Ram Lal Sharma S/o Shri Amar Chand Sharma,, R/o Ward No.
1, Near Ganesh Mandir Khandela Road, Shrimadhopur, District
Sikar (Raj.).
18. Neeraj Sharma S/o Shri Jitendra Sharma,, R/o Ward No. 15
Mohalla Basari Purani Subji Mandi, Tehsil Kotputli, District Jaipur
(Raj.).
19. Ravindra Kumar S/o Shri Ramgopal,, R/o New Ward No. 46,
Ambedkar Nagar, Fatehpur Road, District Sikar (Raj.).
20. Prahlad Sahai Jat S/o Shri Kajor Mal Jat,, R/o Itawa, Tehsil
Phulera, District Jaipur (Raj.).
21. Bhagwan Sahay Jatav S/o Shri Kirodi Lal Jatav,, R/o Village
Khanpur, Tehsil Todabhim, District, Karoli (Raj.).
22. Rameshwar Prasad Bobasya S/o Shri Bodu Ram Bobasya,, R/o
Village & Post Radawas, Tehsil Shahpura, District Jaipur (Raj.).
23. Balbeer Singh Meena S/o Harikesh Meena,, R/o Village
Mohacha Ka Pura, Post Mohacha, Tehsil Vazirpur, District Sawai
Madhopur (Raj.)
24. Dinesh Kumar S/o Shri Ranjeet Singh,, R/o Village & Post
Kaseru, Tehsil Naval Garh, District Jhunjhunu (Raj.).
25. Ramkaran Yadav S/o Shri Pool Chand Yadav,, R/o Village &
Post Khatkar, Tehsil Neem Ka Thana, District Sikar (Raj.).
26. Jyoti Bala Ojha D/o Shri Om Prakash Ojha,, R/o 59, Maharshi
Goatam Nagar, Housing Board Sethi, District Chittorgarh (Raj.).
27. Mahesh Kumar Sharma S/o Shri Mijrari Lal Sharma,, R/o
Village Dhiraj Pura, Post Lakhni, Tehsil Shri Madhopur, District
Sikar (Raj.).
28. Sonu Dadheech S/o Shri Devendra Pratap Dadheech,, R/o
House No. 35 Ghoshi Mohalla, Devli, Tonk (Raj.).
29. Sushila D/o Shri Rajmal,, R/o G Block - 435, New Bapu Nagar,
District Bhilwara (Raj.).
30. Madhu Bala Bhandari S/o Shri Jagjeevan Ram,, R/o 92,
Prratap Colony Kalika Maata Road Pahada, District Udaipur (Raj.).
31. Siya Ram S/o Shri Narayan Ram,, R/o Village & Post Feench,
(5 of 19)
Tehsil Luni, District Jodhpur (Raj.).
32. Vijay Singh Yadav S/o Shri Surender Singh Yadav,, R/o Village
& Post Udairamsar, Tehsil Bikaner, District Bikaner (Raj.).
33. Mukesh Kumar Sharma S/o Shri Ram Kishan,, R/o Village &
Post Chhapra, Tehsil Surajgarh, District Jhunjhunu, (Raj.).
34. Pappa Ram S/o Shri Ganga Ram,, R/o Village & Post
Solankiyatala, Tehsil Shergarh, District Jodhpur (Raj.).
35. Sher Singh S/o Shri Kudi Ram,, R/o Village & Post Bahadurpur,
Tehsil Alwar, District Alwar (Raj.).
36. Fulwariya Rajnesh Kumar S/o Shri Chouthmal,, R/o Village &
Post Bagar, Tehsil Chidawa, District Jhunjhunu (Raj.).
37. Satish Kumar Sharma S/o Shri M.L. Sharma,, R/o Village &
Post Mahukalan, Tehsil Gangapur City, District Sawai Madhupur,
(Raj.).
38. Ram Chander S/o Shri Om Parkash,, R/o Village Lalewala Post
Ridmalsar, Tehsil Padampur, District Shriganganagar (Raj.).
39. Narendra Kumar S/o Shri Sultan Singh,, R/o Village Khedron
Ki Dhani Post Kakoda, District Jhunjhunu (Raj.).
40. Rajesh Kumar Dhaker S/o Ramewhwar Lal Dhaker,, R/o Village
Bhunjaya Kheri, Tehsil Nimbhera, District Chittorgarh (Raj.)
----Petitioners
Versus
1. State of Rajasthan Through the Secretary,, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur.
2. State of Rajasthan Through the Secretary,, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
3. Director, Elementary Education,, Bikaner.
4. District Elementary Education,, Chittorgarh.
5. Chief Executive Officer,, Zila Parishad, Chittorgarh, Rajasthan.
6. Chairman,, District Establishment Committee, Zila Parishad,
Chittorgarh, Rajasthan.
----Respondents
(6 of 19)
S.B. Civil Writ Petition No. 3037 / 2017
1. Surendra Kumar S/o Shri Net Ram, Aged About 32 Years, R/o
Village Kankar, Post Kutina, Tehsil Nirana, District Alwar (Raj.)
2. Pradeep Kumar Soni S/o Shri Gopal Lal Soni, R/o Airtel Tower
Ke Shavpura, Pada Hindaun City, District Koroli (Raj.)
3. Shiv Narayan Bairawa S/o Shri Suraj Mal, R/o Village Kansya
Post Mendwas, Tehsil Phagi, District Jaipur (Raj.)
4. Manish Kumar Jatav S/o Shri Suraj Mal, R/o Naiwala Mohalla
Near Police Staation Ward No. 18, Tijara, District Alwar (Raj.)
5. Anil Sukhwal S/o Rajkumar Sukhwal, R/o Village Gangapur,
District Bhilwara (Raj.)
6. Satish Sen S/o Paras Mal Sen,, R/o Koshithal, District Bhilwara,
(Raj.)
7. Anita Kumawat D/o Daya Chand Kumawat,, R/o Outer Signal
Choudhary Charan Singh Colony, Sikar District Sikar (Raj.)
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur.
2. State of Rajasthan Through Secretary,, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
3. Director, Elementary Education, Bikaner
4. District Elementary Education,, Bhilwara.
5. Chief Executive Officer,, Zila Parishad, Bhilwara, Rajasthan.
6. Chairman,, District Establishment Committee, Zila Parishad,
Bhilwara, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3085 / 2017
1. Sanjay Kumar Tiwari S/o Shri Nathmal Tiwari,, Aged About 29
Years, R/o Sikhwalon Ka Mohala, Merta City, District Nagaur,
Rajasthan.
2. Harish Kumar S/o Shri Nemi Chand, Aged About 34 Years, R/o
Jalwana, Tehsil Merta, District Nagaur, Rajasthan.
(7 of 19)
3. Ganpat Ram Bhakar S/o Shri Bhanwara Ram Bhakar, Aged
About 36 Years, R/o Village & Post Dhawa, Via Merta City, District
Nagaur, Rajasthan.
4. Janwara Ram Kumar S/o Shri Mana Ram,, Aged About 35 Years,
R/o Kumaron Ka Bas, Merta, District Nagaur, Rajasthan.
5. Beni Gopal Sikhwal S/o Shri Damodar Sikhwal,, Aged About 30
Years, R/o Sikhwalon Ka Mohalla, Merta City, District Nagaur,
Rajasthan.
6. Dharam Raj Meena S/o Shri Ghamandi Ram,, Aged About 35
Years, R/o Village Mandab Gove, Post Bamanwas, District Swai
Madhopur, Rajasthan.
7. Smt. Sarita Kalirana D/o Shri Ram Niwas Kalirana,, Aged About
31 Years, R/o Nagaur, Rajasthan.
8. Baleshwar Sharma S/o Shri Seeta Ram Sharma,, Aged About
31 Years, R/o Ward No. 6, Vijay Colony, Sri Madhopur, District
Sikar, Rajasthan.
9. Dalip Singh S/o Shri Bhanwar Singh,, Aged About 33 Years, R/o
Village & Post Dudhwa, Tehsil Khetri, District Jhunjhunu,
Rajasthan.
10. Suman Choudhary D/o Shri Mohan Lal,, Aged About 49 Years,
R/o Dogiwal Sadan, Chaniyakya Nagar, Bikaner, Rajasthan.
11. Dhanvantri Mundel S/o Shri Ramchandra Choudhary,, Aged
About 35 Years, R/o Unchi Gali, Mundwa, District Nagaur,
Rajasthan.
12. Devendra Mundel S/o Shri Tulsi Ram,, Aged About 34 Years,
R/o Near Balkrishna Temple, Mundwa, District Nagaur, Rajasthan.
13. Smt. Jyoti D/o Shri Vasudev,, Aged About 37 Years, R/o
Mundwa, District Nagaur, Rajasthan.
14. Smt. Papita D/o Shri Madan Lal,, Aged About 36 Years, R/o
Village Post Badbar, Tehsil Buhana, District Jhunjhunu, Rajasthan.
15. Ramkishore Mundel S/o Shri Sagram Mundel,, Aged About 47
Years, R/o Marwar Mundwa, District Nagaur, Rajasthan.
16. Om Prakash Didel S/o Shri Hari Ram Didel,, Aged About 40
Years, R/o Unchi Gali, Marwar, Mundwa, District Nagaur,
Rajasthan.
17. Bhala Ram Godara S/o Shri Padma Ram, Aged About 39 Years,
R/o Village Post Dehary, Tarnaw, Jayal, District Nagaur, Rajasthan.
(8 of 19)
18. Ummed Ram S/o Shri Ram Niwas,, Aged About 36 Years, R/o
Village Post Firod, Tehsil Mundwa, District Nagaur, Rajasthan.
19. Vishan Singh Kaviya S/o Shri Laxman Dan Kaviya,, Aged
About 38 Years, R/o Village Khen, Post Inana, Tehsil Marwar
Mundwa, District Nagaur, Rajasthan.
20. Dashrath Singh Yadav S/o Shri Pema Ram Yadav,, Aged About
32 Years, R/o VPO Tarnau, Tehsil Jayal, District Nagaur, Rajasthan.
21. Hukma Ram S/o Shri Rani Dan Ram,, Aged About 36 Years,
R/o Village & Post Jelu, Tehsil Tinwari, District Jodhpur, Rajasthan.
22. Om Prakash Swami S/o Shri Bhanwar Dass,, Aged About 36
Years, R/o Village & Post Kasumbi (Jakhala), Tehsil Ladnun,
District Nagaur, Rajasthan.
23. Pratap Singh Meena S/o Shri Bodu Ram,, Aged About 30
Years, R/o Village Ranasar, Tehsil Neem Ka Thana, Sikar,
Rajasthan.
24. Ganga Dev Kumhar S/o Shri Ram Karan Kumhar,, Aged About
29 Years, R/o Village Ratanpura, Post Banpuni, Tehsil Bonil, Sawai
Madhopur, Rajasthan.
25. Shyam Sunder Jangid S/o Shri Durga Lal Jangid,, Aged About
26 Years, R/o Village Gudla Chandan, Post Bagdoli, Tehsil Bonli,
Swai Madhopur, Rajasthan.
26. Rajesh Kumar Meena S/o Shri Surgyan Meena,, Aged About 29
Years, R/o Ward No. 9, Govind Nagar, Bawadi Mod, Khora Gisal,
Amer, Jaipur, Rajasthan.
27. Vipnesh Kumar S/o Shri Babu Lal Pareek,, Aged About 34
Years, R/o Village Khanpur, Tehsil Parbatsar, Nagaur, Rajasthan
----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,, Elementry Education, Bikaner, District Bikaner,
Rajasthan
4. The Chief Executive Officer,, Zila Parishad Nagaur, Rajasthan.
5. The District Establishment Committee Through Its Chairman,,
(9 of 19)
Zila Parishad Nagaur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3493 / 2017
1. Dharma Ram S/o Shri Ramdeen,, Aged About 25 Years, R/o
Village & Post Khengta, Tehsil Pipar City, District Jodhpur (Raj.).
2. Sanjay Sagar S/o Shri Heera Lal Beniwal,, R/o Gram & Post
Khengta, Tehsil Pipar City, District Jodhpur (Raj.)
3. Shrawan Ram S/o Shri Hukma Ram Dudi,, R/o Village & Post
Heeradesar Circle Bhopalgarh, District Jodhpur, (Raj.).
4. Raghuveer Jatav S/o Shri Shreelal Jatav,, R/o Village & Post
Machdi, Tehsil Todabhim, District Karauli (Raj.).
5. Ashok S/o Shri Shiv Pratap,, R/o Indra Colony Phalodi, District
Jodhpur (Raj.).
6. Gautam Chand S/o Shri Ramphali,, R/o Village Badha, Post
Utarda, Tehsil Nadbai, District Bharatpur (Raj.).
7. Manisha Kumari D/o Mahendra Singh,, R/o Village Bas Kirtan,
Post Sardarpura, Post Hamirvas, Tehsil Rajgarh, District Churu
(Raj.)
----Petitioners
Versus
1. State of Rajasthan Through the Secretary,, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur.
2. State of Rajasthan Through the Secretary,, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
3. Director,, Elementary Education, Bikaner.
4. District Elementary Education,, Jodhpur.
5. Chief Executive Officer,, Zila Parishad, Jodhpur, Rajasthan.
6. Chairman,, District Establishment Committee, Zila Parishad,
Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3866 / 2017
1. Gopi Ram Makar S/o Ram Karan Choudhary, Aged About 28
Years, R/o Village & Post Padukallan, Tehsil Riyan Bari Nagaur
(10 of 19)
(Raj.)
2. Sohan Lal Jodhawat S/o Shri Chena Ram Meghwal,, R/o Village
Falki, Post Mugdara, Tehsil Riyan Bari, District Nagaur (Raj.)
3. Mahendra S/o Shri Dhara Ram,, R/o Village & Post Kurdayan,
Tehsil Merta City, District Nagaur (Raj.)
4. Mahendra Choudhary S/o Shri Sukha Ram Badiyasar,, R/o
Village & Post Gawardi, Tehsil Riya Bari District Nagaur (Raj.)
5. Nema Ram Garu S/o Shri Bhairu Ram Garu, R/o Village Bedash
Khurd Post Mewara, Tehsil Riya Bari, District Nagaur (Raj.)
6. Ramesh Kumar Bharti S/o Pukh Raj Bharti,, R/o Village & Post
Jhootha, Tehsil Rai Pur, District Pali, (Raj.)
7. Hans Raj S/o Shri Prakash Chand,, R/o Village & Post Edwa,
Tehsil Degana, Nagaur (Raj.)
8. Rajendra S/o Harsukh Ram Kakdaw,, R/o Village & Post
Jhintiyan, Tehsil Riya Bari, District Nagaur (Raj.)
9. Ramlal S/o Gordhan Ram,, R/o Village & Post Jhintiyan, Tehsil
Riya Bari, District Nagaur (Raj.)
10. Jai Prakash S/o Narayan Ram,, R/o Village & Post Nimbola
Kallan, Via Ren, Tehsil Degana, District Nagaur (Raj.)
11. Ram Gunawali W/o Ram Sawroop Jangid,, R/o Sutharo Ka Bas
Gotan Gaon, Village & Post Gotan, Tehsil Merta City, District
Nagaur (Raj.)
----Petitioners
Versus
1. State of Rajasthan Through the Secretary,, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur.
2. State of Rajasthan Through the Secretary,, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
3. Director, Elementary Education,, Bikaner.
4. District Elementary Education,, Nagaur.
5. Chief Executive Officer,, Zila Parishad, Nagaur, Rajasthan.
6. Chairman,, District Establishment Committee, Zila Parishad,
Nagaur, Rajasthan.
(11 of 19)
----Respondents
S.B. Civil Writ Petition No. 4784 / 2017
1. Balu Ram Soni S/o Shri Budh Ram Soni,, Aged About 37 Years,
R/o Ward No. 8 Arrawatiya Colony, Near Rani Sati Temple Chirawa,
District- Jhunjhunu.
2. Naresh Kumar Khatik S/o Ganesh Khatik,, R/o Village & Post
Daneriagarh, District Rajsamand.
3. Lokesh Prajapat S/o Arjun Lal Prajapat,, R/o Ward No. 14
Changedi Road, Fatehnagar, Tehsil Mavli, District Udaipur.
4. Radhey Shyam Nai S/o Shankar Lal Nai,, R/o Near by Ayurvedik
Hospital, Baneriya, District Rajsamand.
5. Jitendra Budania S/o Shiv Prasad Budania,, R/o Village & Post
Budania, Via Mandrella District Jhunjhunu.
6. Mohammad Haroon Mansoori S/o Ismail Mohammad Mansoori,,
R/o Near Bus Stand Rail Mangra, District Rajsamand.
7. Pukhraj Meena S/o Bajaran Lal Meena,, R/o Village & Post
Chakeri, Tehsil & District Swaimadhopur.
8. Ranjeet Kumar Goswami S/o Om Prakash Goswami,, R/o Village
& Post Deoli Kallan, Tehsil- Ramganjmandi, District Kota.
9. Ram Naresh Meena S/o Jauhri Lal Meena,, R/o Meena Para,
Gangapur, District Swaimadhopur.
10. Heera Lal Ameta S/o Champa Lal,, R/o Sath Brahmino Ka
Mohalla, Karoliya, Tehsil Rail Mangra, District Rajsamand.
11. Sanjay Kumar Verma S/o Amar Chand, R/o 88 Kheda Bhopal
Pura, Jhunjhunu.
12. Pawan Kumar S/o Chhotu Ram,, R/o Gadla Kallan, District
Jhunjhunu.
13. Ashok Kumar Jayswal S/o Ramniwas, R/o Mamdoli, Tehsil
Bonli, District Swaimadhopur.
14. Neeraj Kumar S/o Banwari Lal,, R/o Chogani Mohalla Village-
Shahjahanpur, District Alwar.
15. Narayan Lal Salvi S/o Bheru Lal Salvi,, R/o Jeetiya, Singhpur,
District Chittorgarh.
16. Deepak Kumar Jaiswal S/o Radhay Shyam Jaiswal,, R/o
Roopwas, Tonk, District Tonk.
(12 of 19)
17. Nand Kishor Chippa S/o Prabhat Nagalia,, R/o 20 A Panchwati
Colony, Block B, Sanganer Jaipur, District Jaipur.
18. Narayan Lal Gadari S/o Choga Lal Gadari,, R/o Gadaryawas,
Via Kunwariya, District Rajsamand.
19. Divya Menaria D/o Gehari Lal Menaria,, R/o Village & Post
Gawardi, Tehsil- Railmangra, District Rajsamand.
20. Heera Lal Meena S/o Jhuntha Lal Meena,, R/o Gram Panchayat
Jhar, Tehsil Bassi, District Jaipur.
21. Rajesh Sharma S/o Ladu Lal Sharma,, R/o Village Junda, Via
Kuraj, District Rajsamand.
22. Ratan Lal Regar S/o Ram Lal Regar,, R/o Village Gilund, Tehsil
Railmangra, District Rajsamand.
23. Kaushalya Shorya D/o Hemraj Shorya,, R/o Village Gilund,
Tehsil Railmangra, District- Rajsamand.
24. Vinod Paliwal S/o Radhe Shyam Paliwal,, R/o Village Gilund,
Tehsil Railmangra, District Rajsamand.
25. Vikash Sharma S/o Krishan Sharma,, R/o Village Sardarpura
Bass, Tehsil- Bhadra, District- Hanumangarh.
26. Jitendra Singh S/o Swetamber Singh,, R/o IGNP Colony,
Phalodi, District Jodhpur.
27. Sonu Kumari D/o Ramavtar Yadav,, R/o Village Majri Kalan,
Tehsil Behror, District Alwar.
28. Gayatri Kanwar D/o Govind Singh Rajput,, R/o New Shiv
Colony, Ward No. 1 Near Sabal Pura Power House, Fathapur Road,
Sikar, District Sikar.
29. Santosh Nagar D/o Hemraj Nagar,, R/o 1, I-12 Mahaveer
Nagar III, Kota District Kota.
30. Meenakshi Tanwar W/o Virendra Singh Shekhawat,, R/o 59
Rajput Mohalla, Vill- Godiwari Khurd, Tehsil- Navalgarh, District-
Jhunjhunu.
31. Meena Devi Bagotia D/o Suraj Mal Bagoita,, R/o Village Lochu
Ka Bas, Tehsil Shapura, District Jaipur.
32. Siya Ram Bairwa S/o Ram Sukha Bairwa, R/o Vill- Trishul
Dhani, Tehsil Todabhim, District- Karoli (Raj.)
33. Om Prakash Saini S/o Bhuramal Saini, R/o Vill- Relyawali
(13 of 19)
Dhani, Post Morija, Tehsil- Choumu, District- Jaipur (Raj.)
34. Suresh Kumar Varma S/o Prabhu Lal Varma, R/o Vill.- Kota,
Post Nayapura, Tehsil Ladpura, District- Kota (Raj.)
35. Suresh Chandelia S/o Phool Chand Chandelia, R/o Dhani
Manikawali, Post Bhudeli Tehsil- Neem Ka Thana, District- Sikar
(Raj.)
----Petitioners
Versus
1. State of Rajasthan Through the Secretary,, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur.
2. State of Rajasthan Through the Secretary, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
3. Director, Elementary Education,, Bikaner.
4. District Elementary Education,, Rajsamand.
5. Chief Executive Officer, Zila Parishad,, Rajsamand, Rajasthan.
6. Chairman, District Establishment Committee,, Zila Parishad,
Rajsamand, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 4812 / 2017
1. Meena Kanwar Ratnoo D/o Subhkaran Ratnoo,, Aged About 32
Years, R/o 208, Gandhi Nagar, Bikaner, District Bikaner (Raj.)
2. Panwan Kumar S/o Hanuman Ram,, R/o Baba Ramdev Colony
Basni, District Nagaur (Raj.)
3. Narendra Singh S/o Sajjan Singh,, R/o Village Hudil, Post Nawa,
District Nagaur (Raj.)
4. Gulkesh Kumar S/o Dungar Mal,, R/o Village Hudil, Post Nawa,
District Nagaur (Raj.)
5. Govind Narayan Gupta S/o Laxmi Narayan Gupta,, R/o B-20
Indra Colony, Nagaur, District Nagaur (Raj.)
6. Brijesh Meena D/o Babu Lal Meena,, R/o Village Bhojyaheri,
Post Jaloda Jejaji, Tehsil Mangrol, District Baran (Raj.)
7. Dholi Meena D/o Gangadhar Meena,, R/o Village Deoli, Post
Deoli, Tehsil Lalsot, District Dosa (Raj.)
(14 of 19)
8. Manohar La Sain S/o Bhagirath Mal Sain,, R/o VPO Shesham,
Via- Khoor District- Sikar (Raj.)
9. Dheeraj Kumar Bhati S/o Maal Chand Bhati, R/o Behind
Pardeshaiyon Ki Bagechi, Near Baba Ramdeo Temple, Rani Bazar,
Bikaner (Raj.)
10. Chouthamal Jangir S/o Jagdish Prashad, R/o VPO Bhagega
Via- Sirohi Tehsil Neem Ka Thana District- Sikar (Raj.)
11. Mukesh Kumar Shankhala S/o Bhagirathmal, R/o Vill- Khoor
Tehsil- Dataramgarh District- Sikar (Raj.)
12. Mukesh S/o Lunaram, R/o VPO- Kathoti Tehsil- Jayal District-
Nagaur (Raj.)
13. Salim Gori S/o Moinudeen Gori, R/o VPO- Jayal, Tehsil- Jayal
District- Nagaur (Raj.)
14. Gouri Shankar Sain S/o Tulchiram Sain, VPO- Jayal, Tehsil-
Jayal District- Nagaur (Raj.)
----Petitioners
Versus
1. State of Rajasthan Through the Secretary,, Rural Development
and Panchayati Raj Department, Government of Rajasthan,
Secretariat, Jaipur
2. Director,, Elementary Education, Bikaner
3. District Elementary Education,, Nagaur
4. Chief Executive Officer,, Zila Parishad, Nagaur, Rajasthan
5. Chairman, District Establishment Committee,, Zila Parishad,
Nagaur, Rajasthan
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. SR Godara
Mr. Tanwar Singh
Mr. Kuldeep Mathur
Mr. Sajjan Singh Rathore
For Respondent(s) : Mr. SS Ladrecha, AAG, with Mr. Vikas
Choudhary.
(15 of 19)
_____________________________________________________
JUSTICE DINESH MEHTA
Judgment / Order
19/05/2017
The writ petitions forming the present bunch have been filed
by the petitioners, with more or less identical prayers, which are
reproduced hereunder:-
"A. Writ Petition filed by the petitioners may
kindly be allowed and by an appropriate writ,
order or direction, the respondents may kindly
be directed to extend the benefit of
confirmation of service to all the petitioners
irrespective of whether the petitioners' name
finds place in the revised result or not.
B. 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
petitioners with costs. "
However in some of the matters, an additional prayer has
been made, seeking appropriate protection from termination of
their services.
Learned counsel for the petitioners Mr. Sajjan Singh Rathore,
at the outset submitted that presently there is no imminent threat
of petitioners' termination and as such he does not press such
prayer, craving leave to file a fresh writ petition, if so required.
(16 of 19)
Mr. Kuldeep Mathur, leading the arguments on behalf of the
petitioners submitted that by way of the order dated 08.12.2014
passed by the Division Bench of this Court, in DB Civil Special
Appeal No. 35/2014, services of the petitioners and like
candidates, who were expelled out of the merit list, on account of
revised result pursuant to the order passed in Ramdhan
Kumawati's case (dated 30.8.2013), have been protected with the
following observations:-
"We direct that at this stage, they will not be
ousted from service. The termination orders
passed, if any, consequent to the orders dated
30.8.2013, are set aside. The directions given
by learned Single Judge in Ramdhan Kumawat
Vs/ The State of Rajasthan & Anr. (supra),
namely, that the Expert Committee will issue
model answer keys afresh and that the results
will be revised in accordance with such keys,
will be given effect to, leaving the question of
its correctness open. The State Government
will be at liberty to pass fresh orders, after
revising the results and adjusting equities
protecting the interest of the appellants-
petitioners, to the extent that they will not be
ousted form the select list and will be placed as
far as possible at the bottom of the revised
select list 17. With the aforesaid directions, all
(17 of 19)
the Special Appeals are partly allowed, with
liberty to the appellants-petitioners to file a
fresh writ petition, if any fresh cause of action
arises to them."
The short grievance raised by the petitioners is that though
the State Government has not passed any prejudicial order
effecting their employment, yet the order of confirmation, as per
Rule 27-B of the Rules of Rajasthan Service Rules, 1958 has yet
not been passed.
Mr. SS Ladrecha, learned Additional Advocate General
assisted by Mr. Vikas Choudhary submitted that the Division Bench
judgment rendered by this Court in Manju Choudhary's case, can
not be read as a direction to absorb all the candidates, falling in
the petitioners' category, in as much as a leeway was allowed to
the respondent State to accommodate as many candidates, as are
possible, against the vacancies available with the respondents. He
further submitted that the process of filling up the vacancies,
pursuant to the directions given in Ramdhan Kumawat's case is
underway and that, until and unless such process is complete,
neither the State is in position to confirm their services nor this
Court should pass any order, at this juncture.
Mr. Ladrecha invited attention of this Court towards para No.
14 of the judgment of Division Bench and contended that the
Division Bench while protecting petitioners' right had consciously
used the expression "at this stage'. According to him, such
expression should be read to mean, "till the process of filling up
(18 of 19)
the vacancies pursuant to Ramdhan Kumawat's case is over".
Learned counsel for the petitioners relies upon the judgment
dated 02.5.2017, passed by Jaipur Bench of this Court in SBCWP
No. 6614/2017, wherein the Coordinate Bench has allowed
identical writ petition, filed by one Mr. Choturam Regar in
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.
Mr. Mathur further relies on another judgment of this Court
rendered in case of Ashok Kumar Naval & Ors., decided on
11.9.2015, wherein coordinate Bench of this Court has interpreted
the Division Bench judgment of this Court, in Manju Choudhary's
case and held that the term `May' should be read as `Shall'.
Mr. SS Ladrecha, learned Addl. Advocate General is not in a
position to distinguish the facts and law involved in the present
case, from the factual and legal matrix of the case decided by this
Court, vide its judgment dated 02.5.2017, rendered in the case of
Chhotu Ram Regar.
(19 of 19)
Though the argument of Mr. Ladrecha has some substance
that the protective umbrella provided by the Division Bench would
shield the petitioners, till the exercise, in pursuance of
Ramdhan's case is complete. However without giving any finding
on this argument, this Court feels inclined to follow, in line, with
the view taken by the Jaipur Bench of this Court, in Chhotu Ram
Regars' case, for which, it is otherwise bound by the law of
precedents.
In view of the above, the instant bunch of writ petitions,
stands allowed following the judgment dated 02.5.2017, in the
case of Choturam Regar Vs. State (supra) .
The respondent State is directed to undertake the exercise
of confirming the petitioner(s) as contemplated under Rule 27-B
of the Rajasthan Service Rules, 1958. The needful be done within
a period of three months from today.
No order as to cost.
(DINESH MEHTA), J.
ns.