Village Kasot, Post Kasot, Tehsil Deeg, District Bharatpur v. The State of Rajasthan through its Principal Secretary

Judgment

3. The State of Rajasthan through its Principal Secretary, Department of Panchayati Raj and Rural Development, Govt. Secretariat, Jaipur (Raj.). The Director, Directorate of Elementary Education, Bikaner, (Raj.). The Secretary, Rajasthan Staff Selection Board, State Institute of Agriculture Management Premises, Sitabari, Durgapura, Jaipur, Rajasthan 302018, District Jaipur, Rajasthan. ----Respondents Connected With S.B. Civil Writ Petition No. 11844/2025 Chhanga Ram Gurjar S/o Ramesh Gurjar, Aged About 24 Years, R/o Ward No. 01, Dhani Dubda Wali, Village Bhuri Bhadaj, Tehsil Paota, District Jaipur, Rajasthan 303107. Babita Kumari Gurjar D/o Megh Singh Gurjar, Aged About 30 Years, R/o Village And Post Sirthala, Tehsil Nagar, District Bharatpur, Rajasthan 321205. Poonam Kanwar Rathor D/o Govind Singh Rathor, Aged About 33 Years, R/o 67, Tirupati Vihar Colony, District Jaipur, Rajasthan 302013. Kamar Ali S/o Abdul Majid, Aged About 35 Years, R/o Ward No. 7, Saai Ji Ki Kothi, Eidgah Colony, Kothun Road, Lalsot, District Dausa, Rajasthan 303503. Madhu Bala Tailor D/o Bhag Chand Tailor, Aged About 38 Years, R/o House No. 13, Gyan Vihar, B.k. Kaul Nagar, District Ajmer, Rajasthan 305001. Subhash Chandra Khardia S/o Chhote Lal Khardia, Aged About 33 Years, R/o Vpo Jahaj, Tehsil Udaipurwati, District Jhunjhunu, Rajasthan 333302. Hansraj Singh Gurjar S/o Ramkaran Gurjar, Aged About 39 Years, R/o Garhi Mamor, Tehsil Narayanpur, District Kotputli-Behror, Raj- 301024. Suman D/o Dara Singh, Aged About 33 Years, R/o Ward No. 5, Sangthiya, Lalania, District Hanumangarh, Rajasthan 335523. Poonam D/o Dharmpal, Aged About 27 Years, R/o Ward No. 9, Vpo Peerkamadia, Tehsil Tibbi, District Hanumangarh, Rajasthan 335526.

10. Junja Ram Jakhar S/o Naga Ram, Aged About 28 Years, (2 of 6) [CW-11736/2025] R/o Bhanpura Khariya Kalla, Tehsil Ramsar, District Barmer, Rajasthan- 344502.

Bhajan Lal S/o Sohan Lal, Aged About 32 Years, R/o Village 36-H, Naggi Village, Tehsil Sri Karanpur, District Sri Ganganagar, Rajasthan 335073. Vaishali Jain D/o Gambhir Chand Jain, Aged About 28 Years, R/o Shaktavato Ka Guda, Tehsil Semari, District Udaipur, Rajasthan 313026.

13. Dhan Raj S/o Veerma Ram, Aged About 34 Years, R/o Village And Post Arjiyana Siwana, District Balotra, Rajasthan 344044.

15. Alok Kumar Sewada S/o Pawan Kumar Sewada, Aged About 33 Years, R/o Vpo Ghanghu, Tehsil Churu, District Churu, Rajasthan 331001. Banwari Lal S/o Birda Ram, Aged About 37 Years, R/o Pooniyo Ki Dhani, Surpura, Malamsingh Ki Sidd, District Jodhpur, Rajasthan 342307.

16. Manju Bera D/o Sampat Ram Bera, Aged About 30 Years, R/o Village And Post Kurdyan, Tehsil Merta City, District Nagaur, Rajasthan 341510.

19. Sachin Maiya S/o Biradi Chand, Aged About 29 Years, R/o Village And Post Charanwasi, Tehsil Ratangarh, District Churu, Rajasthan 331022. Prem Shanker Patidar S/o Dalji Patidar, Aged About 34 Years, R/o Patidar Basti, Doulatpura, Anjana, Tehsil Arthuna, District Banswara, Rajasthan 327032. Vikram Dan Charan S/o Samadar Dan, Aged About 30 Years, R/o Village Khundiya, Post Rajasar, Bikan, Tehsil Saradarsahar, District Churu, Rajasthan 331403.

20. Dilip Dan S/o Bhanwar Dan, Aged About 37 Years, R/o Ward No. 1, Charanwasi, Asalkheri, District Churu, Rajasthan 331001.

21. Kheta Ram Parjapat S/o Prema Ram Prajapat, Aged About 39 Years, R/o Phagliya, Sedwa, District Barmer, Rajasthan 344706.

22. Gauri Shankar S/o Rameshwar Bhobhia, Aged About 32 Years, R/o Kusumdesar Sawar, Post Jaitasar, Tehsil Bhanipura, District Churu, Rajasthan 331411.

23. Kanwar Lal Gurjar S/o Dolatram Gurjar, Aged About 34 Years, R/o Village Naliya Kheda, Post Nada Kheda, Tehsil Dungla, District Chittorgarh, Rajasthan 312027.

24. Durga Rojh D/o Hema Ram Rojh, Aged About 32 Years, R/o House No. 45, Ward No.11, Dheerera, Tehsil Loonkaransar, District Bikaner, Rajasthan 334601.

25. Geeta Kumari Kalal Aged About 33 Years, R/o Hitesh Footware Sastri Bazar, Main Market, Kherwara, District Udaipur, Rajasthan 313803 (3 of 6) [CW-11736/2025]

26. Hukam Singh S/o Durga Dan, Aged About 34 Years, R/o Village And Post Patwa, Tehsil Jaitaran, District Beawar, Rajasthan 306302.

27. Gulabi Maida D/o Samsu Maida, Aged About 33 Years, Village And Post Itala, Tehsil Sajjangarh, District Banswara, Rajasthan 327602.

9. Versus ----Petitioners The State Of Rajasthan, Through Its Principal Secretary, Department Of Panchayati Raj And Rural Development, Govt. Secretariat, Jaipur (Raj.). The Director, Directorate Of Elementary Education, Bikaner, (Raj.). The Secretary, Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Sitabari, Durgapura, Jaipur, Rajasthan 302018, District Jaipur, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 11995/2025 Amar Singh Gurjar S/o Jawan Singh, Aged About 37 Years, R/o Village Balakheda, Po Bhilapada, District Karauli, Rajasthan. Gaurab Kumar Sharma S/o Naimeechand Sharma, Aged About 28 Years, R/o Village Nyamadpur, Po Dharsoni, Tehsil Weir, District Bharatpur, Rajasthan. Ramveer Singh S/o Badan Singh Baghel, Aged About 32 Years, R/o Village Aou, Post Aou, District Bharatpur, Rajasthan. Ugrasen Meena S/o Shyo Ram Meena, Aged About 30 Years, R/o Village And Post Newar Dhani, Kankha Ki Vaya Banskho, Tehsil Jamwaramgarh, District Jaipur, Rajasthan. Sher Singh Meena S/o Ram Avtar Meena, Aged About 26 Years, R/o House No. 339, Vpo Gaoda Meena, Tehsil Hindaun, District Karauli, Rajasthan. Jitendra Meena S/o Kana Ram Meena, Aged About 26 Years, R/o Vpo Khanwas, Tehsil Lawan, District Dausa, Rajasthan. Bhanu Pratap Singh Hamerdekha S/o Gopal Singh, Aged About 25 Years, R/o Ward No. 15, Plot No.34, Radhe Vihar, Chaksu, District Jaipur, Rajasthan. Mahesh Kumar Yogi S/o Ratan Lal Yogi, Aged About 37 Years, R/o Lalpura, Post Nayabas, Tehsil Bansur, District Alwar, Rajasthan. Surendra Kumar Maithil S/o Jagdish Maithil, Aged About 37 Years, R/o Village Sherpur, Post Sherpur, Tehsil Hindaun, District Karauli, Rajasthan. (4 of 6) [CW-11736/2025]

11. Bijender S/o Firangi Ram, Aged About 33 Years, R/o Village Lapawali, Tehsil Todambhim, District Karauli, Rajasthan 322230. Ram Pratap S/o Maru Ram, Aged About 33 Years, R/o 424/25, Saraswati Nagar, Chainpura, Jagatpura, Jaipur, Rajasthan - 302017.

12. Mamta Kumari Sharma D/o Murari Lal Sharma, Aged About 41 Years, R/o Welcome Bekari Ke Piche, Sainik Nagar, Gangapur City, District Sawaimadhopur, Rajasthan 322201.

16. Shivangani Yadav D/o Mahesh Kumar Yadav, Aged About 30 Years, R/o Near Of Rathore Kirana Store, Charighaat Road, District Baran, Rajasthan. Bharat Vaishnav S/o Goverdhan Das Vaishnav, Aged About 41 Years, R/o 371-B, Rugan Singh Gurjar Vivek Children Academy, Goverdhan Nagar, Jaipur- 302022. Krishan Lal S/o Netram, Aged About 28 Years, R/o D- 717, Siddhartha Nagar, Sawai Gator, Jagatpura, Jaipur- 302017. Krishan Kant Rawal S/o Mani Lal Rawal, Aged About 30 Years, R/o 120, Sultan Nagar, Gurjar Ki Thadi, Jaipur, Rajasthan - 302019.

17. Mega Ram S/o Khinya Ram, Aged About 26 Years, R/o Village Hathitala, Tehsil Barmer, District Barmer, Rajasthan-344708 Versus ----Petitioners

3. The State Of Rajasthan, Through Its Principal Secretary, Department Of Panchayati Raj And Rural Development, Govt. Secretariat, Jaipur (Raj.). The Director, Directorate Of Elementary Education, Bikaner, (Raj.). The Secretary, Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Sitabari, Durgapura, Jaipur, Rajasthan 302018, District Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Harendar Neel For Respondent(s) : (5 of 6) [CW-11736/2025] HON'BLE MR. JUSTICE ANAND SHARMA Order 28/08/2025

1. Since the above writ petitions are in view of common facts and question for consideration therefore, they have been filed together and are being decided by this common order. For the sake of convenience, facts stated in S.B. C.W.P. No.11736/2025 (Hemlata Sharma Vs. The State of Rajasthan & Ors.) are being taken into consideration.

2. Petitioners have come out with the cases that an advertisement dated 16.12.2022 was issued by the respondent- Rajasthan Staff Selection Board for inviting applications from eligible candidates for the post of Teacher Gr.-III Level-II (Sanskrit) under the Rajasthan Panchayati Raj Rules, 1996. The process was completed, although the petitioners did not find their names in the final selected list, however, they were in the reserved list. It has been submitted by the learned counsel for the petitioners that as many as 60 candidates, reference of which has been given in Para No.12 of the writ petition, although joined pursuant to their selection, yet resigned thereafter and on account of their resignation, the seats filled up on account of their earlier joining, became vacant and all those seats ought to have been considered by the respondents for filling up the same through reserved list or waiting list.

3. In the case of Sudesh Kumar Goyal Vs. State of Haryana reported in 2023 (10) SCC 54, the Hon'ble Supreme Court while dealing with the same controversy has given a categorical findings that once the candidates join pursuant to their (6 of 6) [CW-11736/2025] selection, the vacancies are exhausted, and resignation by such candidates thereafter would not create any right in favour of reserved list/waiting lists candidates. Such vacancies shall be considered in the next recruitment year and shall be filled by a fresh recruitment.

4. In view of the above, no case for interference is made out and the writ petitions filed by the petitioners are hereby dismissed. DAKSH/4, 133 & 134 (ANAND SHARMA),J