✦ High Court of India · 04 Mar 2025

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

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Bench
Not available
Length
1,398 words

Cited in this judgment

Judgment

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

2. State Of Rajasthan Through Principal Secretary To Govt. Department Of Personnel, Govt. Secretariat,

3. Rajasthan Public Service Commission, Ajmer Raj. Through Its Secretary.

4. Director, Secondary Education, Rajasthan, Bikaner Raj. connected with ----Respondents S.B. Civil Writ Petition No. 9408/2015 Prahalad Mahwar S/o Shri Rampal Mahwar, R/o Habipura Shyamepura, Post Dungarpur, Tehsil Ramgarh Pachwara, Distt Dausa Raj. ----Petitioner Versus

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

2. State Of Rajasthan Through Principal Secretary To Govt. Department Of Personnel, Govt. Secretariat,

3. Rajasthan Public Service Commission, Ajmer Raj. Through Its Secretary.

5. Director, Secondary education, Rajasthan Bikaner Raj. Director, Elementary Education, Rajasthan Bikner. ----Respondents S.B. Civil Writ Petition No. 9471/2015

Gokul Ram Meena S/o Shri Ram pal Meena, R/o Village Ghadoly Post Hansmahal Tehsil Bassi, District Jaipur, Rajasthan [2025:RJ-JP:9545] (2 of 7) [CW-9407/2015] ----Petitioner Versus

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

2. State Of Rajasthan Through Principal Secretary To Govt. Department Of Personnel, Govt. Secretariat,

3. Rajasthan Public Service Commission, Ajmer Raj. Through Its Secretary.

4. Director, Secondary education, Rajasthan Bikaner Raj.

5. Director, Elementary Education, Rajasthan Bikner. S.B. Civil Writ Petition No. 9490/2015 Pappulal Koli S/o Shri Gyarasilal Koli, Village Nabhawal Via Sainthal Tehsil,jamwaramgarh District Dausaraj. ----Petitioner Versus

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

2. State Of Rajasthan Through Principal Secretary To Govt. Department Of Personnel,govt.secretariat, Jaipur

3. Rajasthan Public Service Commission,ajmerraj. Through Its Secretary

5. Director, secondary Education,rajasthan, Bikanerraj. Director, elementary Education, Rajasthan Bikaner ----Respondents S.B. Civil Writ Petition No. 10381/2015 Ramji Lal Mahawar S/o Shri Har Lal Mahawar, Village Ralawas Post Slempura Tehsil - District Jaipur Raj. ----Petitioner Versus

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

2. State Of Rajasthan Through Principal Secretary To Govt. [2025:RJ-JP:9545] (3 of 7) [CW-9407/2015] Department Of Personnel, Govt. Secretariat, Jaipur

3. Rajasthan Public Service Commission, Ajmer Raj. Through Its Secretary

5. Director, Secondary Education, Rajasthan, Bikaner Raj. Director, Elementary Education, Rajasthan, Bikaner ----Respondents S.B. Civil Writ Petition No. 10489/2015 Netram Koli S/o Shri Genesh Ram Koli, Village-Ramyawala Post Neemla Via-Sainthal Tehsil,jamwaramgarh District Dausaraj. ----Petitioner Versus

1. State Of Rajasthan Through Principal Secretary, Education Department,govt.secretariat, Jaipur

2. State Of Rajasthan Through Principal Secretary To Govt. Department Of Personnel,govt. Secretariat, Jaipur

3. Rajasthan Public Service Commission,ajmer Raj. Through Its Secretary

5. Director,secondary Education, Bikanerrajasthan Director Elementary Education, Rajasthan Bikaner ----Respondents S.B. Civil Writ Petition No. 3473/2016 Devkinandan Meena S/o Shri Sabutya Ram Meena, aged about 49 years, R/o Village and Post Kaimla, Tehsil Nadauti, District Karauli, Raj. ----Petitioner Versus

1. State Of Rajasthan Through Principal Secretary, Education Department,govt.secretariat, Jaipur

2. State Of Rajasthan Through Principal Secretary To Govt. Department Of Personnel,govt. Secretariat, Jaipur

3. Rajasthan Public Service Commission,ajmer Raj. Through Its Secretary

4. Director,secondary Education, Bikaner, rajasthan [2025:RJ-JP:9545] (4 of 7) [CW-9407/2015] S.B. Civil Writ Petition No. 3754/2016

1. Ram Lal Jatav S/o Shri Sunder lal Jatav, aged about 42 years, R/o Village Piprani, Post Khunda, Tehsil Karauli, District Karauli, Raj.

2. Roop Singh Meena, S/o Shri Suraj Mal Meena, aged about 50 years, R/o Village and Post Bhilwara, Tehsil Nadauti, District Karauli Raj.

3. Prithviraj Meena, S/o Shri Teeka Ram Meena, Aged about 46 years, R/o Village Madhorajpura, Post Ekat, Tehsil Sapotara, District Karauli, Raj,

4. Ratan lal Meena, S/o Shri Nand Lal Meena, aged about 36 years, R/o Brahmino Ka Luhariya, Village Munshipura Gothda, Bundi, district Bundi, Raj.

5. Ram Prasad S/o Modu Lal Raiger, Aged about 37 years, R/o Village and Post Kanechan Kalan, Tehsil Shahpura, District Bhilwara, Raj.

6. Nemi Chand Khatik S/o Shri Chunni Lal, aged about 42 years, R/o Khatik Mohalla, Shahpura, Tehsil Shahpura, District Bhilwara, Raj.

7. Madan Lal Khatik S/o Shri Kalyan Mal, Aged about 41 years, R/o Asind Road, Gadri Kheda, Shahpura, Tehsil Shahpura, District Bhilwara, Raj.

8. Suresh Kumar S/o Kaluram Khatik Aged about 42 years, R/o Kund Gate, Khatik Mohalla, ward No.13, Shahpura District Bhilwara, Raj.

9. Mukesh Kumar Khatik S/o Ramswaroop Khatik, aged about 35 years, R/o in front of Adarsh Vidya Mandir, Gandhipuri, Shahpura, District Bhilwara, Raj.

10. Moti Lal Meena, S/o Shri Suraj Mal Meena, R/o Village kansya Colony, Post Dabarkalan, Tehsil Deoli, District Tonk Raj. ----Petitioners Versus

1. State Of Rajasthan Through Principal Secretary, Education Department,govt.secretariat, Jaipur

2. Rajasthan Public Service Commission,ajmer Raj. Through Its Secretary

3. Director, Secondary Education, Rajasthan, Bikaner [2025:RJ-JP:9545] (5 of 7) [CW-9407/2015]

4. Director, Elementary Education, Rajasthan, Bikaner, Raj. S.B. Civil Writ Petition No. 10271/2016 Hansram Meena S/o Shri Batti Lal, aged about 32 years, R/o Village Dhoredi, Post Semarda, District Karauli, Raj. ----Petitioners Versus

1. State of Rajasthan (Animal Husbandry Department), through Secretary Department of Veterinary and Animal Husbandry, Government of Rajasthan, Secretariat, Jaipur

2. Rajasthan Public Service Commission, through its Secretary, Ajmer ----Respondents S.B. Civil Writ Petition No. 15825/2015 Meghram Meena S/o Shri Ramdhan Meena, R/o Dhani Sahajpur, Bamanwas Patti Khurd Tehsil Bamanwas, Distt. Sawai Madhopur Raj. ----Petitioner Versus

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

2. State Of Rajasthan Through Principal Secretary To Govt., Department Of Personnel, Govt. Secretariat, Jaipur.

3. Rajasthan Public Service Commission,ajmer,raj., Through Its Secretary.

4. Director, Secondary Education,rajasthan, Bikaner Raj.. ----Respondents For Petitioner(s) : Mr. R.D. Meena, Adv. Mr. Akshit Gupta, Adv. For Respondent(s) : Ms. Namita Parihar, Dy. GC [2025:RJ-JP:9545] (6 of 7) [CW-9407/2015] HON'BLE MR. JUSTICE SAMEER JAIN Judgment 04/03/2025

1. With consensus of respective parties and taking note of the fact that petitions filed herein have akin factual matrix, the lead petition is taken as S.B. Civil Writ Petition No. 9407/2015; it is made clear that the decision passed herein shall be made applicable on the connected petitions on mutatis mutandis basis.

2. Learned counsel for the petitioners has submitted that RPSC has issued an advertisement dated 09.09.2008 inviting applications for the post of P.T.I. Grade II & III. It is further submitted that the petitioners are possessing requisite qualification i.e., B.P.Ed. for the said. Further, it is submitted that RPSC qua the examination conducted for the said post has issued a revised result on 16.04.2015 after declaring the initial result dated 29.10.2010, whereby, 231 candidates having qualification of C.P.Ed. are declared as successful.

3. It is further submitted that 405 seats were advertised by the respondents for the said post, wherein, only 231 candidates are selected, thence it can be deduced that at the time when the petition is filed, seats were lying vacant, therefore, petitioners should be considered as per the reserve list.

4. Learned counsel for the petitioner has placed reliance upon the judgment passed in Manoj Kumar Vs. Union of India & Ors. ; 2024 INSC 126.

5. Per contra, learned counsel for the respondents has submitted that as on date, the present petitions are not maintainable for the reason that no interim order is passed by this [2025:RJ-JP:9545] (7 of 7) [CW-9407/2015] Court qua the petitioners and in many of the petitions notices are not issued. Moreover, as on date, no seats are lying vacant qua the said post and selection process is concluded long back.

6. Further, reliance is placed upon the judgment passed by Hon’ble Apex Court in State of Orissa & Anr. Vs. Raj Kishore Nanda & Ors. ; (2010) 6 SCC 777 and Union of India Vs. V.B. Valluvan ; (2006) 8 SCC 686.

7. Furthermore, it is submitted that judgment relied upon by the learned counsel for the petitioners in Manoj Kumar (supra) is on distinct factual matrix as that of present petitions.

9. Heard and considered. Considering the arguments advanced by the respective parties, taking note of the judgments cited at the Bar, upon assiduous scanning of the records, this Court has observed that the fact that selection process is concluded long back, no interim protection is granted to the petitioners and no seats are lying vacant as on date is undisputed. Therefore, lis in hand does not survive.

10. Accordingly, the present petitions are dismissed. Pending applications, if any, stand disposed.

11. A copy of this order be placed in connected files. CHANDAN /55,56,57,58,59,60,64,79,80,105 (SAMEER JAIN),J

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