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2025 DAILYLAW 15596 (RAJ)

RAJ KAUR v. STATE EDUCATION DEPARTMENTORS

CW/4814/2013 · 2025-07-24

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:27694] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4814/2013 Raj Kaur Wife Of Shri Vijay Singh, resident of Indira Colony, Alwar Raj. ----Petitioner Versus 1. State Of Rajasthan Through Its Principal Secretary, Elementary Education Department, Govt. Secretariat, Jaipur Raj. 2. Director, Elementary Education, Rajasthan, Bikaner Raj. 3. District Education Officer Elementary Education, Alwar Raj. ----Respondents For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 24/07/2025 1. Instant civil writ petition was filed by the petitioner way back on 20.03.2013, seeking direction against the respondents to consider candidature of petitioner for appointment on the post of Prabodhak in OBC Female Category. 2. Petitioner has come up with a case that for 74 posts of Prabodhak in District Alwar, which were reserved for OBC Female candidates, petitioner applied and participated for appointment, but out of the said reserved posts, 35 posts have been filled by candidates of General category. [2025:RJ-JP:27694] (2 of 3) [CW-4814/2013] 3. In the reply of writ petition, the case of petitioner has been denied by the respondents and it has been pointed out that the final merit list of Prabodhak was revised and as per the consolidated merit list of OBC Category for Male and Female candidates, petitioner secured 34.67 marks, which is less than the last cut off marks, hence, the petitioner being less meritorious, was not found eligible for appointment under that category. 4. Having heard learned counsel for both the parties and from perusal of the record, this Court finds that the matter pertains to appointment on the post of Prabodhak, pursuant to the advertisement dated 31.05.2008. Petitioner has not disputed the fact that a common consolidated list of Male and Female Candidates under OBC Category was prepared in which petitioner secured 34.67 marks. As per merit list (Annexure-4), placed on record by the petitioner, the last Female Candidate selected on the post of Prabodhak under OBC Category, secured 39.00 marks. 5. As far as grievance of petitioner that against the reserved posts of OBC, the appointments have been given to the candidates of General Category is concerned, this Court finds that none of the candidates of General Category have been made party as respondents in the instant writ petition nor few of the selected candidates have been impleaded. Admittedly, the appointment pursuant to the present advertisement has been given way back in the year 2011-12. The post of Prabodhak has now been abolished and in that view of matter, the petitioner is not entitled for the relief as prayed for in the instant writ petition in exercise of jurisdiction under Article 226 of the Constitution of India. [2025:RJ-JP:27694] (3 of 3) [CW-4814/2013] 6. Accordingly, the writ petition is devoid of merits and the same is hereby dismissed. 7. Stay application and any other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J TN/40