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2025 DAILYLAW 10076 (RAJ)

ANIL KUMAR SHARMA S/O SHRI RAM AVTAR SHARMA v. STATE OF RAJASTHAN

CW/3397/2025 · 2025-03-07

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:10415] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3397/2025 1. Anil Kumar Sharma S/o Shri Ram Avtar Sharma, aged about 54 Years, R/o Village Pur, Tehsil Kotqasim, District Alwar. 2. Radha Kishan S/o Shri Pratap Meena, aged about 49 Years, R/o Village Guawaliny, Tehsil Bassi, District Jaipur. 3. Dharampal Singh S/o Shri Chotu Ram Meena, aged about 50 Years, R/o Village Amarsar, Shahpura, Jaipur. 4. Ayub Khan S/o Shri Elahi Bux, aged about 54 Years, R/o Sardarpura Kalan, Tehsil Deedwana, District Nagaur. 5. Prem Singh S/o Shri Narayan Singh, aged about 51 Years, R/o Plot No. 16, Near Kabeer Ashram, Kabeer Nagar, Lohagal, Ajmer. ----Petitioners Versus 1. State of Rajasthan, through Principal Secretary, Department of Home, Government Secretariat, Jaipur, Rajasthan-302005. 2. The Director General of Police, Police Headquarter, Lalkothi, Jaipur. 3. Deputy Commissioner of Police, Headquarter, (Police Commissionerate, Jaipur) Member Secretary Selection Board 4. The Inspector General of Police, Ajmer Range, Ajmer. 5. The Superintendent of Police, Ajmer. 6. The Superintendent of Police, Nagaur. 7. The Superintendent of Police, Chittorgarh. ----Respondents For Petitioner(s) : Ms. Aradhana Swami with Ms. Dhiriti Sharma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 07/03/2025 1. The instant writ petition has been preferred with the following prayer: “1. Quash and set aside the final eligibility list, appended along with letter dated 25.02.2025, wherein the placement of the petitioners has been wrongly done, for [2025:RJ-JP:10415] (2 of 3) [CW-3397/2025] the post of Police Inspector for the qualifying examination of 2021-22. 2. The respondents be further directed to revise and prepare a fresh final eligibility list after placing the petitioners correctly, for the post of Police Inspector. 3. The respondents may kindly be directed to firstly decide the representations filed by them in the light of the order dated 23.10.2024 passed by the Learned Rajasthan Civil Services Appellate Tribunal, Jaipur before conducting qualifying examination for the post of Police Inspector pursuant to letter dated 25.02.2025 and 01.03.2025. 4. That the exercise undertaken by the respondents for undertaking the qualifying examination for the post of Police Inspector for the year 2021-2022 in the year may kindly be declared as bad in the eyes of law. 5. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.” 2. By way of filing the instant writ petition, a challenge has been made to the final eligibility list appended to the letter dated 25.02.2025 with an additional prayer for issuing directions to the respondents to decide the representation of the petitioners submitted by them before the respondents pursuant to the order dated 23.10.2024 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short ‘the Tribunal’) before conducting the qualifying examination for the post of Police Inspector. 3. Counsel for the petitioners submits that the petitioners have approached the Tribunal for redressal of their grievances by way of filing of an appeal, however, the same was disposed of on 23.10.2024 by granting liberty to the petitioners to approach authorities concerned by way of filing representation and the respondents were further directed to decide the same within a period of four weeks, thereafter, by passing a speaking order. It appears that pursuant to the aforesaid order, a representation was submitted by the petitioner before the respondents in consonance [2025:RJ-JP:10415] (3 of 3) [CW-3397/2025] with the order dated 23.10.2024 and the same has not been decided by the respondents for the reasons best known to them. In the meantime, a final eligibility list has been prepared by the respondents in the month of February, 2025 and on the basis thereof, the respondents are conducting the departmental examination for the purpose of promotion in the month of March 2025. 4. In the considered opinion of this Court, once an order has been passed by the Tribunal, the respondents were supposed to consider the representation of the petitioners by passing a reasoned and speaking order but instead of doing so, they have prepared a final eligibility list for the purpose of granting promotion. 5. The instant writ petition stands disposed of with directions to the respondents to decide the representation of the petitioners in the light of the order dated 23.10.2024, within a period of two weeks from date of receipt of certified copy of this order, by passing a reasoned and speaking order. If the petitioners remain unsatisfied or if any adverse order is passed against them, they would be at liberty to approach the Tribunal again by way of filing an appeal for redressal of their grievances. In case any departmental examination is conducted for the purpose of promotion, it will be subject to the outcome of those proceedings. 6. Stay application as well as all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Garima/22