P.O. Bilochi, Via Morija, Tehsil Amer, Jaipur. vs Government of Rajasthan, Government Secretariat, Jaipur.

8. Mukesh Kumar Jat son of Shri Girdhari Lal Jat, resident of V.P.O. Kalyanpura-Markhi, Via-Amarsar, Tehsil Shahpura, Distt. Jaipur.

9. Manohar Lal Yogi son of Shri Bala Sahai Yogi, resident of village Kanpura, Post Mahar Kalan, Village Chomu Samod, Distt. Jaipur.

10. Sharwan Lal Mali son of Shri Chheetar Mal Mali, resident Near Chithawari Mod, Via Samod, Tehsil Chomu, Distt. Jaipur.

11. Mani Ram Mali Son of Beerdi Lal Mali, resident of village Gudadiya, Post Talawgoan, Tehsil Lalsot, Distt. Dausa (Raj.).

12. Mukesh Kumar Saini son of Shri Shambhu Dayal Saini, resident of V.P.O. Samod, Near Ravan Ki Tiwari, Basaroad, Samod, Tehsil Chomu, Distt. Jaipur.

13. Sunil Kumar Saini son ofShri Ghasi Ram Saini, resident of village and Post Nayan, Via Amarsar, Tehsil Shahpura, Distt. Jaipur.

14. Suresh Kumar Prajapat son of Shri Basant Kumar Prajapat, resident of village and Post Nayan, Via Amarsar, Tehsil Shahpura, Distt. Jaipur.

15. Jagdish Prasad Jat son of Shri Gopal Muval, resident of village Shree Govindpura, Post Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

16. Shankar Lal Jat son ofShri Chittar Mal Jat, resident of village [2025:RJ-JP:9051] (2 of 7) [CW-7983/2010] Shree Govindpura, Post Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

17. Rajesh Kumar Bhichar son of Shri Mevaram Bhichar, resident of V.P.O. Chak (Ramsinghpura), Via Khariyavas, Tehsil Dantaramgarh, Distt. Sikar.

18. Dharmendra Kumar Jat son of shri Laxmi Narayan Jat, resident of V.P.O. Chittawari, Via Morija, Tehsil Chomu, Distt. Jaipur.

19. Mahesh Bunkar son of Bhagirath Bunkar, resident of V.P.O. Chittawari, Via Morija, Tehsil Chomu, Distt. Jaipur.

20. Ratan Lal Jat Son of Shri Goga Ram Jat, resident of resident of V.P.O. Chittawari, Via Morija, Tehsil Chomu, Distt. Jaipur.

21. Prahalad Sahay Jat son of Shri Sadhu Ram Jat, Resident of V.P.O. Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

22. Maheshver Prasad Yadav Son of Shri Dharmpal Yadav aged about 24 years, resident of Village Naravas Post Bilahery Tehsil Kotkasim District Alwar (Raj.)

23. Ram Singh Dadarwal son of Shri Rampal Dadarwal, resident of village Majipura, Post Rajpur, Via Achrol, Tehsil Jamvaramgarh, Distt. Jaipur.

24. Lalit Kumar Patidar son of Shri Shyam lal Patidar, resident of Village Khedla, Post Asnavar, Tehsil Jhalrapatan, Distt. Jhalawar.

25. Kamlesh Kumar Yogi son of Shri Badri Lal Yogi, resident of village Gudadiya, Post Talavgaon, Tehsil Lalsot, Distt. Dausa.

26. Mahendra Singh Gurjar son of Shri Hari Singh Gurjar, resident of V.P.O. Gadagaon, Distt. Dausa (Raj.).

27. Pavan Kumar Jangid son of Shri Murlidhar Jangid,. resident V.P.O. Nathavala, Via Shahpura, Distt. Jaipur.

28. Mohan Lal Jat son of Shri Santaram Jat, resident of V.P.O. Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

29. Banwari Lal Rathore son of Shri Gopal Lal Rathore, resident of village Ratlai, Tehsil Jhalrapatan, Distt. Jhalawar.

30. Dinesh Kumar Jat son of Shri Santaram Jat, resident of V.P.O. Bilochi, Via Morija, Tehsil Amer, Jaipur.

31. Mahesh Jangam son of Shri Rajendra Kumar Jangam, resident of Village and Post Chechat (Kota) Raj.

32. Pankaj Jangam son of Shri Rajendra Kumar Jangam, resident of Village and Post Chechat (Kota) Raj.

33. Satyendra Pal Yadav son of Shri Behnru Lal Yadav, resident of V.P.O. Devli Kalan (Chechat), Kota (Raj.). ----Petitioners Versus

1. State of Rajasthan through its Secretary, Sanskrit Education, [2025:RJ-JP:9051] (3 of 7) [CW-7983/2010] Government of Rajasthan, Government Secretariat, Jaipur.

2. Rajasthan Public Service Commission, Ajmer through its Secretary, Rajasthan Public Service Commission, Ajmer.

3. Director, Sanskrit Education, Government of Rajasthan, Shiksha Sankul, Jaipur ----Respondents For Petitioner(s) : Mr. Rajendra Soni For Respondent(s) : Ms. Manju Joshi, AGC Mr. Ashish Kumar HON'BLE MR. JUSTICE SAMEER JAIN Judgment REPORTABLE 03/03/2025

1. The present petition is filed with the following prayers: - "i) By an appropriate writ, order or direction the action of the respondents by which they have not considered meritorious OBC candidates who secured more marks than cut of marks of general category i.e. 1120.85 marks in general category be declared illegal and arbitrary by considering meritorious OBC category candidates who secured more marks than cut of marks of general category in general category only and the petitioners be considered against OBC category posts by rectifying result dated 30.04.2010 by following the judgment laid down by the Hon'ble Supreme Court in R.K. Sabbarwal's case reported in 1995 (2) SCC 745 and Full Bench Decision of this Hon'ble Court in Shekh Mohammad's case reported in 200 (3) RLR-529 and the petitioners be declared selected for appointment on the post of Teacher Grade III in Sanskrit Wing in category 24 against the advertisement dated 02.09.2008 with all consequential benefits. ii) Any other appropriate writ, order or direction which this Hon'ble Court may deem think fit and proper may kindly be passed in favour of the petitioners."

2. The factual matrix of the instant matter is that an advertisement dated 02.09.2008 was issued by the respondents inviting applications for the post of Teacher Grade III in Sanskrit, wherein, 147 seats were reserved for OBC category, 558 seats were for general category, 62 seats were reserved for OBC(female), 163 seats were reserved for SC category, 159 seats were reserved for ST category, 32 seats were [2025:RJ-JP:9051] (4 of 7) [CW-7983/2010] reserved for physically handicapped category. Pursuant to the said advertisement petitioners applied for the said post under OBC category and qualified the written examination conducted by the respondents.

3. The cutoff for OBC category is specified as 120.85 marks. However, ineligible candidates were included in the list of selected candidates. In this regard, petitions were filed by the concerned persons, resultant to which High Court held that candidates who have cleared the Varishtha Uppadhyaya examination are eligible to be appointed on the said post.

4. Subsequently, respondents modified the result which was declared on 03.10.2009 and accordingly revised list of selected candidates was issued by the respondents on 30.04.2010, however, in the said list of selected candidates, reservation provided to the OBC category candidates was not included.

5. The cut off for the OBC category as per the second revise list was declared as 118.79 marks and for the General category cut off was declared as 120.85 marks.

6. The cause of action in the instant matter arose when respondents deprived the petitioners from appointment on the post of Teacher Grade III in Sanskrit Wing, despite them being meritorious from the General category candidate.

7. In this background, learned counsel for the petitioners has submitted that the petitioners despite securing more marks than the cut off specified for General category are not selected in the General category. In support of the said contention reliance is placed upon the judgment passed by Hon’ble Apex Court in R. K. Sabharwal and Ors vs State Of Punjab And Ors., reported in 1995 SCC (2) 745.

8. On an erstwhile occasion, learned counsel for the petitioners were given directions to place documents on record qua the status of the [2025:RJ-JP:9051] (5 of 7) [CW-7983/2010] selection process, fresh selection process, interim order, if any, operational. In this regard, it was submitted that once the petition is filed, lis in question always survive.

9. Lastly, reliance was placed upon Samita Shrivastava Vs. State of Madhya Pradesh reported in 2024 INSC 378, Purushottam Vs. Chairman & Anr. reported in (1999) 6 SCC 49, and judgment passed by Co-ordinate Bench of this Court in Bharat Kumar Choudhary Vs. Union of India & Ors.: SBCWP No. 12444/2019.

10. Per contra, learned counsel for the respondent had stoutly opposed the arguments advanced by the learned counsel for the petitioner, and submitted that as per Section 375(4) in Rules of the High Court of Judicature for Rajasthan, 1952, an application filed by more than one person shall not be entertained except when the relief claimed is founded on the same cause of action, thus, in the instant petition petitioners failed to demonstrate a common cause of action as mandated by said rule. The divergence in the factual assertions presented in the individual petitioners' affidavits, coupled with the alleged suppression of material particulars from the pleadings, underscored the lack of a unified legal basis for the joint petition. Consequently, it is submitted that the distinct factual narratives of each petitioner's case necessitate individual adjudication, rendering the consolidated writ petition procedurally defective.

11. Furthermore, learned counsel submitted that the position of Teacher Grade III, as exemplified herein, encompasses distinct courses of action pertaining to different categories, specifically OBC and SC category. It is further submitted that the present petition selectively addresses grievances related solely to the OBC category, thereby misrepresenting the scope of the case/matter before this Court, therefore, this selective presentation effectively limits the Court's [2025:RJ-JP:9051] (6 of 7) [CW-7983/2010] consideration to the merits of the candidates under OBC category, while neglecting the distinct legal positions of other categories.

12. Additionally, it is submitted that, notwithstanding prior arguments, the petitioners have failed to establish, as of 2025, if any vacant seats are available and petitioners have not provided evidence demonstrating how the matter in dispute remains viable in the absence of available positions.

13. Lastly, it is submitted that in the Year 2013 and 2018, fresh recruitment qua the said post were advertised, subsuming the prior vacancies.

14. Heard and considered.

15. Considering the facts and circumstances of the case, taking note of the arguments advanced by the learned counsel for the parties, upon perusal of the records, this Court has made the following observations:

15.1 That the judgments cited by the learned counsel for the petitioner are on distinct factual matrix.

15.2 That joint petition filed by the petitioners has a distinct cause of action and petitioners in their pleading has not specifically mentioned all the issues.

15.3 That the present petition selectively addresses grievances related solely to the OBC category and not SC and other categories.

15.4 That relying upon the ratio enunciated in State of Orissa & Anr. v. Raj Kishore Nanda & Ors. reported in (2010) 6 SCC 777, Girdhar Kumar Dadhich Vs. State of Rajasthan reported in (2009) 2 SCC 706, Union of India v. B. Valluvan reported in (2006) 8 SCC 686 and Raj Rishi Mehra & Ors. Vs. State of Punjab & Anr. reported in (2013) 12 SCC 243, and the circulars issued by the Government of Rajasthan, Department of Personnel dated 19.07.2001 bearing bearing No. F.7(2)/DOP/A-2/81 Pt. and Øekad i-7 ¼2½ [2025:RJ-JP:9051] (7 of 7) [CW-7983/2010] dkfeZd@d&2@81 ikVZ dated 13.01.2016 passed by jktLFkku ljdkj dkfeZd ¼d&2½ foHkkx, whereby it is made unambiguous that qua the selection process for any public service examination, the waiting/reserved list lapses after a span of six months from the date of its issuance, and if appointments are already made, then no judicial interference can be made at a belated stage, therefore, this Court deems it apposite to dismiss the present petition.

16. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. Pooja /60 (SAMEER JAIN),J

8. Mukesh Kumar Jat son of Shri Girdhari Lal Jat, resident of V.P.O. Kalyanpura-Markhi, Via-Amarsar, Tehsil Shahpura, Distt. Jaipur.

9. Manohar Lal Yogi son of Shri Bala Sahai Yogi, resident of village Kanpura, Post Mahar Kalan, Village Chomu Samod, Distt. Jaipur.

10. Sharwan Lal Mali son of Shri Chheetar Mal Mali, resident Near Chithawari Mod, Via Samod, Tehsil Chomu, Distt. Jaipur.

11. Mani Ram Mali Son of Beerdi Lal Mali, resident of village Gudadiya, Post Talawgoan, Tehsil Lalsot, Distt. Dausa (Raj.).

12. Mukesh Kumar Saini son of Shri Shambhu Dayal Saini, resident of V.P.O. Samod, Near Ravan Ki Tiwari, Basaroad, Samod, Tehsil Chomu, Distt. Jaipur.

13. Sunil Kumar Saini son ofShri Ghasi Ram Saini, resident of village and Post Nayan, Via Amarsar, Tehsil Shahpura, Distt. Jaipur.

14. Suresh Kumar Prajapat son of Shri Basant Kumar Prajapat, resident of village and Post Nayan, Via Amarsar, Tehsil Shahpura, Distt. Jaipur.

15. Jagdish Prasad Jat son of Shri Gopal Muval, resident of village Shree Govindpura, Post Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

16. Shankar Lal Jat son ofShri Chittar Mal Jat, resident of village [2025:RJ-JP:9051] (2 of 7) [CW-7983/2010] Shree Govindpura, Post Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

17. Rajesh Kumar Bhichar son of Shri Mevaram Bhichar, resident of V.P.O. Chak (Ramsinghpura), Via Khariyavas, Tehsil Dantaramgarh, Distt. Sikar.

18. Dharmendra Kumar Jat son of shri Laxmi Narayan Jat, resident of V.P.O. Chittawari, Via Morija, Tehsil Chomu, Distt. Jaipur.

19. Mahesh Bunkar son of Bhagirath Bunkar, resident of V.P.O. Chittawari, Via Morija, Tehsil Chomu, Distt. Jaipur.

20. Ratan Lal Jat Son of Shri Goga Ram Jat, resident of resident of V.P.O. Chittawari, Via Morija, Tehsil Chomu, Distt. Jaipur.

21. Prahalad Sahay Jat son of Shri Sadhu Ram Jat, Resident of V.P.O. Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

22. Maheshver Prasad Yadav Son of Shri Dharmpal Yadav aged about 24 years, resident of Village Naravas Post Bilahery Tehsil Kotkasim District Alwar (Raj.)

23. Ram Singh Dadarwal son of Shri Rampal Dadarwal, resident of village Majipura, Post Rajpur, Via Achrol, Tehsil Jamvaramgarh, Distt. Jaipur.

24. Lalit Kumar Patidar son of Shri Shyam lal Patidar, resident of Village Khedla, Post Asnavar, Tehsil Jhalrapatan, Distt. Jhalawar.

25. Kamlesh Kumar Yogi son of Shri Badri Lal Yogi, resident of village Gudadiya, Post Talavgaon, Tehsil Lalsot, Distt. Dausa.

26. Mahendra Singh Gurjar son of Shri Hari Singh Gurjar, resident of V.P.O. Gadagaon, Distt. Dausa (Raj.).

27. Pavan Kumar Jangid son of Shri Murlidhar Jangid,. resident V.P.O. Nathavala, Via Shahpura, Distt. Jaipur.

28. Mohan Lal Jat son of Shri Santaram Jat, resident of V.P.O. Bilochi, Via Morija, Tehsil Amer, Distt. Jaipur.

29. Banwari Lal Rathore son of Shri Gopal Lal Rathore, resident of village Ratlai, Tehsil Jhalrapatan, Distt. Jhalawar.

30. Dinesh Kumar Jat son of Shri Santaram Jat, resident of V.P.O. Bilochi, Via Morija, Tehsil Amer, Jaipur.

31. Mahesh Jangam son of Shri Rajendra Kumar Jangam, resident of Village and Post Chechat (Kota) Raj.

32. Pankaj Jangam son of Shri Rajendra Kumar Jangam, resident of Village and Post Chechat (Kota) Raj.

33. Satyendra Pal Yadav son of Shri Behnru Lal Yadav, resident of V.P.O. Devli Kalan (Chechat), Kota (Raj.). ----Petitioners Versus

1. State of Rajasthan through its Secretary, Sanskrit Education, [2025:RJ-JP:9051] (3 of 7) [CW-7983/2010] Government of Rajasthan, Government Secretariat, Jaipur.

2. Rajasthan Public Service Commission, Ajmer through its Secretary, Rajasthan Public Service Commission, Ajmer.

3. Director, Sanskrit Education, Government of Rajasthan, Shiksha Sankul, Jaipur ----Respondents For Petitioner(s) : Mr. Rajendra Soni For Respondent(s) : Ms. Manju Joshi, AGC Mr. Ashish Kumar HON'BLE MR. JUSTICE SAMEER JAIN Judgment REPORTABLE 03/03/2025

1. The present petition is filed with the following prayers: - "i) By an appropriate writ, order or direction the action of the respondents by which they have not considered meritorious OBC candidates who secured more marks than cut of marks of general category i.e. 1120.85 marks in general category be declared illegal and arbitrary by considering meritorious OBC category candidates who secured more marks than cut of marks of general category in general category only and the petitioners be considered against OBC category posts by rectifying result dated 30.04.2010 by following the judgment laid down by the Hon'ble Supreme Court in R.K. Sabbarwal's case reported in 1995 (2) SCC 745 and Full Bench Decision of this Hon'ble Court in Shekh Mohammad's case reported in 200 (3) RLR-529 and the petitioners be declared selected for appointment on the post of Teacher Grade III in Sanskrit Wing in category 24 against the advertisement dated 02.09.2008 with all consequential benefits. ii) Any other appropriate writ, order or direction which this Hon'ble Court may deem think fit and proper may kindly be passed in favour of the petitioners."

2. The factual matrix of the instant matter is that an advertisement dated 02.09.2008 was issued by the respondents inviting applications for the post of Teacher Grade III in Sanskrit, wherein, 147 seats were reserved for OBC category, 558 seats were for general category, 62 seats were reserved for OBC(female), 163 seats were reserved for SC category, 159 seats were reserved for ST category, 32 seats were [2025:RJ-JP:9051] (4 of 7) [CW-7983/2010] reserved for physically handicapped category. Pursuant to the said advertisement petitioners applied for the said post under OBC category and qualified the written examination conducted by the respondents.

3. The cutoff for OBC category is specified as 120.85 marks. However, ineligible candidates were included in the list of selected candidates. In this regard, petitions were filed by the concerned persons, resultant to which High Court held that candidates who have cleared the Varishtha Uppadhyaya examination are eligible to be appointed on the said post.

4. Subsequently, respondents modified the result which was declared on 03.10.2009 and accordingly revised list of selected candidates was issued by the respondents on 30.04.2010, however, in the said list of selected candidates, reservation provided to the OBC category candidates was not included.

5. The cut off for the OBC category as per the second revise list was declared as 118.79 marks and for the General category cut off was declared as 120.85 marks.

6. The cause of action in the instant matter arose when respondents deprived the petitioners from appointment on the post of Teacher Grade III in Sanskrit Wing, despite them being meritorious from the General category candidate.

7. In this background, learned counsel for the petitioners has submitted that the petitioners despite securing more marks than the cut off specified for General category are not selected in the General category. In support of the said contention reliance is placed upon the judgment passed by Hon’ble Apex Court in R. K. Sabharwal and Ors vs State Of Punjab And Ors., reported in 1995 SCC (2) 745.

8. On an erstwhile occasion, learned counsel for the petitioners were given directions to place documents on record qua the status of the [2025:RJ-JP:9051] (5 of 7) [CW-7983/2010] selection process, fresh selection process, interim order, if any, operational. In this regard, it was submitted that once the petition is filed, lis in question always survive.

9. Lastly, reliance was placed upon Samita Shrivastava Vs. State of Madhya Pradesh reported in 2024 INSC 378, Purushottam Vs. Chairman & Anr. reported in (1999) 6 SCC 49, and judgment passed by Co-ordinate Bench of this Court in Bharat Kumar Choudhary Vs. Union of India & Ors.: SBCWP No. 12444/2019.

10. Per contra, learned counsel for the respondent had stoutly opposed the arguments advanced by the learned counsel for the petitioner, and submitted that as per Section 375(4) in Rules of the High Court of Judicature for Rajasthan, 1952, an application filed by more than one person shall not be entertained except when the relief claimed is founded on the same cause of action, thus, in the instant petition petitioners failed to demonstrate a common cause of action as mandated by said rule. The divergence in the factual assertions presented in the individual petitioners' affidavits, coupled with the alleged suppression of material particulars from the pleadings, underscored the lack of a unified legal basis for the joint petition. Consequently, it is submitted that the distinct factual narratives of each petitioner's case necessitate individual adjudication, rendering the consolidated writ petition procedurally defective.

11. Furthermore, learned counsel submitted that the position of Teacher Grade III, as exemplified herein, encompasses distinct courses of action pertaining to different categories, specifically OBC and SC category. It is further submitted that the present petition selectively addresses grievances related solely to the OBC category, thereby misrepresenting the scope of the case/matter before this Court, therefore, this selective presentation effectively limits the Court's [2025:RJ-JP:9051] (6 of 7) [CW-7983/2010] consideration to the merits of the candidates under OBC category, while neglecting the distinct legal positions of other categories.

12. Additionally, it is submitted that, notwithstanding prior arguments, the petitioners have failed to establish, as of 2025, if any vacant seats are available and petitioners have not provided evidence demonstrating how the matter in dispute remains viable in the absence of available positions.

13. Lastly, it is submitted that in the Year 2013 and 2018, fresh recruitment qua the said post were advertised, subsuming the prior vacancies.

14. Heard and considered.

15. Considering the facts and circumstances of the case, taking note of the arguments advanced by the learned counsel for the parties, upon perusal of the records, this Court has made the following observations:

15.1 That the judgments cited by the learned counsel for the petitioner are on distinct factual matrix.

15.2 That joint petition filed by the petitioners has a distinct cause of action and petitioners in their pleading has not specifically mentioned all the issues.

15.3 That the present petition selectively addresses grievances related solely to the OBC category and not SC and other categories.

15.4 That relying upon the ratio enunciated in State of Orissa & Anr. v. Raj Kishore Nanda & Ors. reported in (2010) 6 SCC 777, Girdhar Kumar Dadhich Vs. State of Rajasthan reported in (2009) 2 SCC 706, Union of India v. B. Valluvan reported in (2006) 8 SCC 686 and Raj Rishi Mehra & Ors. Vs. State of Punjab & Anr. reported in (2013) 12 SCC 243, and the circulars issued by the Government of Rajasthan, Department of Personnel dated 19.07.2001 bearing bearing No. F.7(2)/DOP/A-2/81 Pt. and Øekad i-7 ¼2½ [2025:RJ-JP:9051] (7 of 7) [CW-7983/2010] dkfeZd@d&2@81 ikVZ dated 13.01.2016 passed by jktLFkku ljdkj dkfeZd ¼d&2½ foHkkx, whereby it is made unambiguous that qua the selection process for any public service examination, the waiting/reserved list lapses after a span of six months from the date of its issuance, and if appointments are already made, then no judicial interference can be made at a belated stage, therefore, this Court deems it apposite to dismiss the present petition.

16. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. Pooja /60 (SAMEER JAIN),J