MAHESH KUMAR SHARMA AND ORS v. STATE COMMERCIAL TAX
CW/7454/2011 · 2025-03-06
Sameer Jain
Transfer Petitionbody2025
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[ 2025 DAILYLAW 16141 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 16141 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:10591] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7454/2011
1. Mahesh Kumar Sharma S/o Shri Jagdish Prasad Sharma Village And Post Dadiya Rampura, Via Reengus, District Sikar.
2. Abhimanayu Singh S/o Shri Harlal Singh, Village And Post Nua, District Jhunjhunu.
3. Anil Kumar S/o Shri Ramniwas, Village And Post Puniya Ka Bas, Via Bisau District Jhunjhunu.
4. Manoj Kumar Ujjawal S/o Shri Bhagwan Sahai Ujjawal, Plot No. 34, New Kerni Colony, Near Shiv Mandir, Harmara, Jaipur.
5. Ram Chandra Vishnoi S/o Shri Rameshwar Vishoni, Plot No. 32, Kamani Road, Jhotwara, Jaipur.
6. Mukesh Kumar Meena S/o Shri Lahari Lal Meena, Dhani Rakla Village Hurela, Post Dharmpura, Via Banskho, Tehsil Jamwaramgarh, District Jaipur.
7. Neetu Chanchalani D/o Late Shri Laxman Das, Plot No. 1/758, Malviya Nagar, Jaipur.
8. Priti Sharma D/o Shri Sita Ram Sharma, 152, Vivek Vihar, Behind Sbbj Jagatpur, Jaipur.
9. Mayur Pandya S/o Shri Laxmi Kant Pandya, Lilwasa, Tehsil Aspur District Dungarpur At Present C/o Dr. H.c. Mathur, F-232, Janpath, Shyam Nagar, Sodala, Jaipur.
10. Vinay Kumar Sad S/o Shri Gautam Lal Sad, Patela Road, Udai Bazar, Dungarpur, At Present C/o Dr. H.c. Mathur F- 232, Janpath, Shyam Nagar, Sodala, Japur. ----Petitioners Versus State Of Rajasthan Through Commissioner, Commercial Tax Department, Kar Bhawan, Ambedkar Circle, Jaipur. ----Respondent For Petitioner(s) : Mr. Sanjay Mehla with Ms. Sunita Mehla For Respondent(s) : Mr. Bharat Vyas, AAG HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 06/03/2025
1. At the outset, learned counsel appearing for the respondents have submitted that the present petition is filed assailing an/a
[2025:RJ-JP:10591] (2 of 3) [CW-7454/2011] advertisement/selection/recruitment process initiated in the year 2011 wherein the petitioner(s) has/have applied for the post of Tax Assistant.
2. Subsequently, it is apprised that ever since issuance of the said advertisement/recruitment process much water has flown and as on date the impugned selection process is already over with all its consequential appointments being granted/made. Nevertheless, a subsequent fresh advertisement/selection process was also initiated and culminated. Thence, it can be deduced that as on date, no vacant seats/posts are available.
3. Lastly, it is apprised that the present lis/identical lis is no more res integra and is already adjudicated vide judgment dated 13.02.2025 passed in SBCWP No. 2706/2000 titled as Om Prakash Ghiya Vs. State of Raj. & Ors. Therefore, the said ratio can be made applicable to the present petition also.
4.
Learned counsel appearing for the petitioner(s) is unable to refute the aforementioned contentions or substantiate the availability of seats/ survival of the lis in hand.
5. In pursuance of the contentions noted insofar, this Court deems it apposite to place reliance upon the ratio encapsulated in State of Orissa & Anr. v. Raj Kishore Nanda & Ors. reported in (2010) 6 SCC 777, Girdhar Kumar Dadhich Vs. State of Rajasthan reported in (2009) 2 SCC 706, Union of India v. B. Valluvan reported in (2006) 8 SCC 686 and Raj Rishi Mehra & Ors. Vs. State of Punjab & Anr. reported in (2013) 12 SCC 243, and the circulars issued by the Government of Rajasthan, Department of Personnel dated 19.07.2001 bearing No. F.7(2)/DOP/A-2/81 Pt. and Øekad i-7 ¼2½ dkfeZd@d&2@81 ikVZ dated 13.01.2016 passed by jktLFkku ljdkj
[2025:RJ-JP:10591] (3 of 3) [CW-7454/2011] dkfeZd ¼d&2½ foHkkx, whereby it is made unambiguous that qua the selection process for any public service examination, the waiting/reserved list lapses after a span of six months from the date of its issuance, and if appointments are already made, then no judicial interference can be made at a belated stage.
6. Accordingly, the present petition is dismissed in light of ratio passed in Om Prakash Ghiya (supra) which shall be treated as a part and parcel of the present judgment. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J Pooja /87