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2025 DAILYLAW 12575 (RAJ)

ATTARCHAND YADAV S/O HETRAM YADAV v. STATE OF RAJASTHAN

CW/5540/2023 · 2025-03-27

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:14206] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5540/2023 Attarchand Yadav S/o Hetram Yadav, Aged About 64 Years, Resident Of Near Karansingh Ka Bagh, Behror, Alwar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Education Department, Secretariat, Jaipur. 2. Director, Secondary Education, Bikaner, Rajasthan. 3. District Education Officer, Secondary Education, Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr.Abhimanyu Singh Yaduvanshi For Respondent(s) : Ms.Anjum Parveen Salawat for Ms.Namita Parihar, Dy.GC. JUSTICE ANOOP KUMAR DHAND Order 27/03/2025 1. A limited prayer has been made in this petition for issuing directions to the respondents to reveal the fate of the petitioner kept in the sealed cover for his promotion to the post of Principal. 2. Learned counsel for the petitioner submits that a criminal case was registered against the petitioner, wherein the petitioner was served with a charge-sheet, but after trial, he has been acquitted from the alleged charges. Counsel submits that the departmental proceedings initiated against the petitioner were also dropped, hence, under these circumstances, there is no reason or occasion available with the respondents to keep the fate of the petitioner with regard to promotion in sealed cover, hence, [2025:RJ-JP:14206] (2 of 2) [CW-5540/2023] appropriate direction be issued to the respondents to open the same and proceed further. 3. Per contra, learned counsel for the respondent-State opposes the prayer and submits that the respondents are in process of collecting the information with regard to the service of the petitioner from various places, where the petitioner remained posted, therefore, some time is required for doing the needful exercise. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the above factual aspect of the matter, the instant writ petition stands disposed of by issuing directions to the respondents to open the sealed cover determining fate of the petitioner with regard to the DPC conducted for his promotion on the post of Principal pertaining to the year 2008-09 and give effect thereto, within a period of two months. In case, the petitioner is found eligible and suitable for promotion, his case be considered for the said post with all consequential benefits. 6. Stay application and pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /62