✦ High Court of India · 07 Feb 2025

BENCH AT JAIPUR v. State Of Rajasthan, Represented Through Principal Secretary

Case Details High Court of India · 07 Feb 2025
Court
High Court of India
Decided
07 Feb 2025
Length
2,412 words

Acts & Sections

Judgment

1. State Of Rajasthan, Represented Through Principal Secretary, Secondary Education, Government Secretariat, Rajasthan, Jaipur - 302005

4. Director, Secondary Education, Samta Nagar, Bikaner - 334001 District Education Officer, Secondary Education, Karauli Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Shreeji Nagar, Prithviraj Colony, Durgapura Jaipur - 302018

5. J.s. University, Through Vice Chancellor, 5Km Milestone, Bhongoan - Mainpuri - Shikohabad Road, Shikhohabad, Uttar Pradesh - 283135.

6. Special Operations Group (Rajasthan), Through Additional Superintendent Of Police S.o.g. Amratpuri, Janta Colony, Jaipur, Rajasthan. Connected With ----Respondents ----Respondents S.B. Civil Writ Petition No. 451/2025 Hansram Gurjar S/o Ramkishan Gurjar, Aged About 27 Years, R/o Village Pipalkhera, Tehsil Mahwa, District Dausa, Rajasthan . Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Karauli, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, [2025:RJ-JP:5626] (2 of 12) [CW-335/2025] Rajasthan.

5. Sai Nath University, Jirawar, Chandway-Kuchu Road, Ranchi, Jharkhand, Its Registrar ----Respondents S.B. Civil Writ Petition No. 611/2025 Yogesh Kumar Sharma S/o Chanderkant Sharma, Aged About 28 Years, R/o Brijlal Nagar, Tehsil Malpura, Dist. Tonk, Rajasthan-

304502. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Sawai Madhopur, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, Rajasthan.

5. Rabindranath Tagore University, Through Its Registrar, Village Mendua, Post Bhojpur, Dist. Raisen, Bhopal, Madhya Pradesh,

464993. ----Respondents S.B. Civil Writ Petition No. 622/2025

Bulkesh Kumari D/o Shri Jagmal Singh W/o Kailash Kumar Poonia, Aged About 34 Years, R/o Village Post Maharadasi, Tehsil Mandawa District Jhunjhunu (Rajasthan) Presently Working As Physical Training Instructor (Pti) At Government Senior Secondary School, Garhi Jalim Singh, Block Sevar, District Bharatpur (Rajasthan). Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department/ School Education, Govt. Of Rajasthan, Secretariat, Jaipur.

2. Secretary, Rajasthan Employee Selection Board, State Agriculture Management Institution Premises, Durgapura, [2025:RJ-JP:5626] (3 of 12) [CW-335/2025] Jaipur.

4. Director, Secondary Education, Rajasthan, Bikaner. District Education Officer (Hq), Senior Secondary, Bharatpur, District Bharatpur.

5. Principal/ Peeo, Government Senior Secondary School, Garhi Jalim Singh, Block Sevar, District Bharatpur. ----Respondents S.B. Civil Writ Petition No. 633/2025 Sunita Meena D/o Shri Munna Lal Meena, Aged About 27 Years, R/o Village Sinoli, Post Nindrada, Dist. And Tehsil Sawai Madhopur, Rajasthan. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Rajsamand, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, Rajasthan.

5. Js University, Through Its Registrar, Shikohabad, Firozabad, Uttar Pradesh, 283135. ----Respondents S.B. Civil Writ Petition No. 689/2025 Parvin Kumar Vishnoi S/o Manohar Lal, Aged About 25 Years, R/o Sarnau, Jalor Rajasthan 343040 Versus ----Petitioner

1. State Of Rajasthan, Represented Through Principal Secretary, Secondary Education, Government Secretariat, Rajasthan, Jaipur - 302005

3. Director, Secondary Education, Samta Nagar, Bikaner - 334001 District Education Officer, Baran, Rajasthan. [2025:RJ-JP:5626] (4 of 12) [CW-335/2025]

4. Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Shreeji Nagar, Prithviraj Colony, Durgapura Jaipur 302018

5. Sri Satya Sai University Of Technology And Medical Sciences, Opp Oilfed Plant Bhopal Indore Road, Sehore M.p. 466001 Through Its Vice Chancellor S.B. Civil Writ Petition No. 690/2025 Kishan Pal Singh S/o Ganga Singh, Aged About 31 Years, R/o Padava Ke Pass, Kesuwa, Sirohi, Rajasthan 307512 ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Represented Through Principal Secretary, Secondary Education, Government Secretariat, Rajasthan, Jaipur - 302005

4. Director, Secondary Education, Samta Nagar, Bikaner - 334001 District Education Officer, Baran Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Shreeji Nagar, Prithviraj Colony, Durgapura Jaipur - 302018

5. Sri Satya Sai University Of Technology And Medical Sciences, Opp Oilfed Plant Bhopal Indore Road, Sehore M.p. 466001 Through Its Vice Chancellor S.B. Civil Writ Petition No. 753/2025 Mahendra Singh Butoliya S/o Shri Ram Lal Butoliya, Aged About 38 Years, R/o Village Sardarpura, Post Rojda, Jothwara, Jaipur, Rajasthan. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department,government Of Rajasthan, Government Secretariat, Jaipur Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Jhalawar, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State [2025:RJ-JP:5626] (5 of 12) [CW-335/2025] Agriculture Management Institute, Durgapura, Jaipur, Rajasthan.

5. Rashtrasant Tukadojo Maharaj Nagpur University, Through Its Registrar, Nagpur, Maharastra.

6. Indutai Memorial College Of Physical Education, Through Its Principal, Nirmal Colony, Shende Nagar, Nagpur, Maharastra. S.B. Civil Writ Petition No. 797/2025 Satyendra D/o Shri Gordhan Singh, Aged About 31 Years, Resident Of Village Alakhpura Bogan Tehsil Laxmangarh, District Sikar. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through Its Secretary, Department Of

3. Education, Govt. Of Rajasthan, Secretariat, Jaipur. The Director, Secondary Education, Bikaner. Rajasthan Staff Selection Board (Rssb), Through Its Secretary, State Agriculture Management Institution Campus, Durgapura, Jaipur. ----Respondents S.B. Civil Writ Petition No. 827/2025 Surendra Kumar S/o Shri Gugan Ram, Aged About 36 Years, R/o Village Meharadasi, Tehsil Mandawa, District Jhunjhunu (Rajasthan), Presently Working As Physical Training Instructor (Pti) At Government Upper Primary School, Chistipura, Block Dag, District Jhalawar (Rajasthan). Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department/school Education, Govt. Of Rajasthan, Secretariat, Jaipur.

2. Secretary, Rajasthan Employee Selection Board, State Agriculture Management Institution Premises, Durgapura, Jaipur.

4. Director, Secondary Education, Rajasthan, Bikaner. District Education Officer (Hq), Secondary Education, Jhalawar, District Jhalawar.

5. Principal/peeo, Government Upper Primary School, Chistipura, [2025:RJ-JP:5626] (6 of 12) [CW-335/2025] Block Dag, District Jhalawar (Rajasthan). ----Respondents S.B. Civil Writ Petition No. 880/2025 Rakesh Kumar Palsania S/o Pusp Kumar Palsania, Aged About 31 Years, R/o Itawa Bhopji, Tehsil Chomu, District Jaipur, Rajasthan. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Jaipur Rural, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, Rajasthan.

5. Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur Through Its Registrar, Amravati Rd, Gokulpeth, Nagpur, Maharashtra 440033 ----Respondents S.B. Civil Writ Petition No. 907/2025 Kusum Lata Gurjar D/o Kanhaiyalal Gurjar, Aged About 33 Years, R/o Village Kolyana, Post Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur, Rajasthan. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Jaipur, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, [2025:RJ-JP:5626] (7 of 12) [CW-335/2025] Rajasthan.

5. Js University, Through Its Registrar, Shikohabad, Firozabad, Uttar Pradesh, 283135. ----Respondents S.B. Civil Writ Petition No. 911/2025 Kiran Yadav D/o Sita Ram Yadav, Aged About 28 Years, R/o Bijli Ghar Ke Pass, Singod Khurd, Viya Khejruli, District Jaipur, Rajasthan. Versus ----Petitioner

1. The State Of Rajasthan, Through Its Principal Secretary, School Education Department, Government Secretariat, Rajasthan, Jaipur.

3. The Director, Secondary Education, Rajasthan, Bikaner. The District Education Officer (Headquarter), Secondary, Jaipur Rural.

4. Rajasthan Staff Selection Board, Through Its Secretary, Agriculture Management Institute Building, Durgapura, Jaipur, Rajasthan.

5. University Of Rajasthan, Through Its Registrar, J.l.n. Marg, Jaipur. S.B. Civil Writ Petition No. 1291/2025 Meghana Jat D/o Ratan Lal Jat, Aged About 27 Years, R/o Jat Mohalla, Sultanpura, Bhilwara, Rajasthan. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Baran , Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, Rajasthan. [2025:RJ-JP:5626] (8 of 12) [CW-335/2025]

5. Choudhary Ranbir Singh University, Jind, Through Registrar Gohana Bypass Road To Rohtak Bypass Rd. Jind, Haryana

126102. ----Respondents S.B. Civil Writ Petition No. 1435/2025 Surjan Singh S/o Kesar Singh, Aged About 26 Years, R/o Bsnl Colony, B.r. Mirdha College Ke Samne, Quarter No. 35, Nagaur, Rajasthan. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Bhilwara, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, Rajasthan.

5. Dr. Bhimrao Ambedkar University, Agra, Paliwal Park, Agra Through Its Registrar. ----Respondents S.B. Civil Writ Petition No. 1977/2025 Lokendra Singh S/o Beeri Singh, Aged About 38 Years, R/o Vijay Nagar Colony, Near Saras, Bharatpur, Rajasthan. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Bharatpur, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, Rajasthan. [2025:RJ-JP:5626] (9 of 12) [CW-335/2025]

5. Chaudhary Ranbir Singh University, Jind Through Registrar, Gohana Bypass Road To Rohtak Bypass Rd, Jind, Haryana

126102. ----Respondents S.B. Civil Writ Petition No. 1979/2025 Sitaram Meena S/o Kishan Lal Meena, Aged About 33 Years, R/o Vpo Khajalpura, Tehsil Chaksu, District Jaipur, Rajasthan. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Education Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

2. Director, Secondary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. District Education Officer (Headquarters), Secondary Education, Beawar, Rajasthan.

4. Rajasthan Staff Selection Board, Through Its Secretary, State Agriculture Management Institute, Durgapura, Jaipur, Rajasthan.

5. Js University, Through Its Registrar, Shikohabad, Firozabad, Uttar Pradesh, 283135. ----Respondents S.B. Civil Writ Petition No. 2110/2025 Sunil Kumar Devanda S/o Lalchanddevanda, Aged About 27 Years, R/o Devanda Ki Dhani, Rampura Dabri, Jaipur, Rajasthan 303704. Versus ----Petitioner

1. State Of Rajasthan, Represented Through Principal Secretary, Secondary Education, Government Secretariat, Rajasthan, Jaipur - 302005

4. Director, Secondary Education, Samta Nagar, Bikaner - 334001 District Education Officer, Secondary Education, Jaipur Rural Rajasthan Staff Selection Board, Through Registrar, State Institute Of Agriculture Management Premises, Shreeji Nagar, Prithviraj Colony, Durgapura Jaipur- 302018

5. J.s. University, Through Vice Chancellor, 5Km Milestone, Bhongoan - Mainpuri - Shikohabadroad, Shikhohabad, Uttar [2025:RJ-JP:5626] (10 of 12) [CW-335/2025] Pradesh - 283135 S.B. Civil Writ Petition No. 2111/2025 Deeparam S/o Shri Bhanwar Lal, Aged About 26 Years, R/o Jakhdo Ka Bas, Kukanda, Jodhpur, Rajasthan 342027. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Represented Through Principal Secretary, Secondary Education, Government Secretariat, Rajasthan, Jaipur - 302005

3. Director, Secondary Education, Samta Nagar, Bikaner - 334001 District Education Officer, Smsa Office Jhalarapatan, Jhalawar, Rajasthan.

4. Rajasthan Staff Selection Board, Through Registrar, State Institute Of Agriculture Management Premises, Shreeji Nagar, Prithviraj Colony, Durgapura Jaipur- 302018

5. Sri Satya Sai University Of Technology And Medical Sciences, Through Vice Chancellor, Opp Oilfed Plant Bhopal Indore Road, Sehore, M.p. 466001. ----Respondents For Petitioner(s) : Mr. R.N. Mathur Senior Counsel with Mr. Prateek Mathur Mr. R.P. Saini with Mr. Aamir Khan Mr. Himanshu Jain Mr. M.F. Baig Mr. Avinash Bhardwaj Mr. Arun Singh Shekhawat Mr. Harendar Neel Mr. Rishi Raj Maheshwari Ms. Apoorva Agarwal Mr. Yashraj Kumawat For Respondent(s) : Mr. B.S. Chhaba, AAG with Mr. Divanshu Saini Mr. Vinayan Saran Mr. Rahul Gupta Ms. Mansi Sharma Mr. Ramdhan, AGC Mr. Hardik Singh Mr. Sandeep Taneja, AAG Mr. Nalin G. Narain [2025:RJ-JP:5626] (11 of 12) [CW-335/2025] Mr. M.M. Ranjan Senior Counsel with Mr. Rohan Agarwal Mr. Pranav Pareek for Mr. Anoop Pareek HON'BLE MR. JUSTICE SAMEER JAIN Order 07/02/2025 Learned counsel for the petitioners has submitted that pursuant to the advertisement dated 16.06.2022 issued by respondent- Rajasthan Staff Selection Board for the post of Physical Training Instructor, the petitioners have applied for the said post via Online portal. It is further submitted that the petitioners have furnished the requisite documents including degree certificate, character certificate and others to the respondents. Thereafter, due selection process was carried out, and appointment letters were issued to the successful candidates-petitioners. Furthermore, it is submitted that show cause notices (page 226) were issued to the petitioners during their probation period, wherein it is alleged by the respondents that the petitioners have provided false and erroneous information and the said information is not duly substantiated by the documents provided by them and it is also alleged that findings of enquiry committee reflects that documents submitted by the petitioners are incorrect. Additionally, it is submitted that neither the documents which is relied upon by the respondents are provided to the petitioner nor Rule 16(6) and allied Rules of Rajasthan Civil Services (CCA), Rules, 1958 are complied with. Lastly, it is submitted that the above said inquiries and show cause notices are issued without following the principle of natural [2025:RJ-JP:5626] (12 of 12) [CW-335/2025] justice which is violative of Article 14 of Constitution of India. In light of the above said, petitioners have approached this Court anticipating their termination. Per contra, learned AAG representing State along with Mr. Sandeep Taneja, AAG and Mr. Nalin G. Narain have submitted that respondents have followed the due procedure of law. It is further submitted that petitioners have no vested right as they are on probation, therefore, petitioners are committing gross fraud by filing the present petitions. Considering the facts and circumstances and considering the arguments advanced by the learned counsel for the parties, this Court is of the opinion that an appropriate representation along with the requisite documents qua show cause notices be filed by the petitioners to adjudicate the factual issues in the show cause notices. Therefore, with the consent of respective sides, the petition is disposed of with the direction that the said representation filed by the petitioners be adjudicated expeditiously, by way of a speaking order, strictly in accordance with law, complying the principle of natural justice and after according opportunity of hearing to the petitioners. It is also directed that if a request is made for procurement of documents relied upon by the respondents, the said application be considered by the respondents, in accordance with law, complying the principle of natural justice. Accordingly, the instant petitions are disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J ANIL SHARMA /283-304 except 284

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