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2025 DAILYLAW 13305 (RAJ)

TANMAY SHARMA SON OF SHRI RAJESH SHARMA v. STATE OF RAJASTHAN

CW/5307/2025 · 2025-05-07

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:19254] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5307/2025 Tanmay Sharma Son Of Shri Rajesh Sharma, Aged About 26 Years, Resident Of House No. 337, Near Old Rajasthan Bank, Patanpole, Kota, Rajasthan-324006. ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Local Self, Secretariat, Jaipur. 2. The Director, Local Self Department, Government Of Rajasthan, Jaipur. 3. The Secretary, Rajasthan Staff Selection Board, State Agriculture Management Institution Premises, Durgapura, Tonk Road, Jaipur. 4. Singhania University, Pacheri Bari Jhunjhunu, Rajasthan Through Its Registrar. ----Respondents For Petitioner(s) : Mr. D. N. Sharma For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/05/2025 1. By way of instant writ petition, petitioner is seeking direction against the respondents to consider his candidature for grant of appointment on the post of Assistant Fire Officer pursuant to advertisement dated 10.08.2021. 2. Indisputably, prior to filing this writ petition, petitioner filed S.B. Civil Writ Petition No.17110/2024 making out a similar prayer, which has been decided vide order dated 13.11.2024 by Coordinate Bench of this Court with observation that due to ambiguous pleadings, the petition cannot be adjudicated on [2025:RJ-JP:19254] (2 of 2) [CW-5307/2025] merits, however liberty was granted to petitioner to submit appropriate representation before the appointing authority. Learned counsel for the petitioner submits that petitioner has submitted representation but same has not been decided, hence this second writ petition has been filed to consider the case of petitioner on merits. 3. This Court is of considered opinion that the successive writ petition for the similar relief, is not maintainable. If petitioner is aggrieved by the order dated 13.11.2024 for not deciding his previous writ petition on merits or due to non-deciding his representation, petitioner may avail the appropriate remedy as available in law i.e. either to challenge the order dated 13.11.2024 before the Division Bench or to prefer a contempt for not deciding his representation. 4. In view of above, counsel for the petitioner seeks permission to withdraw this writ petition to avail the alternative remedy as available to petitioner. 5. In view of above, the writ petition is disposed of with liberty prayed for. 6. Stay application and pending application, if any, also stand disposed of. (SUDESH BANSAL),J TN/34