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2025 DAILYLAW 18294 (RAJ)

AJEET KUMAR YADAV S/O SHRI BHOOP SINGH YADAV v. STATE OF RAJASTHAN

WMAP/174/2024 · 2025-08-26

Anand Sharma

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Judgment text

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[2025:RJ-JP:33891] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 174/2024 Ajeet Kumar Yadav S/o Shri Bhoop Singh Yadav, Aged About 49 Years, R/o Village And Post Majra, Tehsil Behror, District Alwar (Raj.). ----Petitioner/Applicant Versus 1. State Of Rajasthan, Through The Secretary To The Government, Secondary Education Department, Govt. Secretariat, Jaipur. 2. The Director, Primary Education, Bikaner. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents/Non-Applicants For Petitioner(s) : Mr. Lovesh Mamnai for Mr. Anshuman Saxena For Respondent(s) : Mr. Sachin Singh Rathore on behalf of Mr. S.S. Naruka, AAG for R-1 & 2 Mr. M.G. Baig HON'BLE MR. JUSTICE ANAND SHARMA Order 26/08/2025 1. The present misc. application has been filed for seeking recall of order dated 20.02.2008 passed by Co-ordinate Bench of this Court, which reads as under:- Learned counsel for the petitioner wants to withdraw the petition to which learned counsel Mr. Kumawat has no objection. The petition is disposed of as withdrawn. 2. Learned counsel for the petitioner/applicant submits that the writ petition was withdrawn by the petitioner under the belief that the petitioner's case would be considered by the respondents after withdrawing the writ petition, however, even [2025:RJ-JP:33891] (2 of 3) [WMAP-174/2024] after withdrawal of the writ petition, the respondents have not considered the case of the petitioner. Learned counsel for the petitioner/applicant submits that in such circumstances, the petitioner filed a separate writ petition in S.B. CWP No. 7969/2009 which was dismissed by the Co-ordinate Bench of this Court vide order dated 06.11.2019 with a finding that since, the earlier writ petition was withdrawn without seeking liberty to file fresh writ petition, therefore, no second writ petition for the same cause can be filed. 3. Learned counsel for the petitioner/applicant submits that thereafter the petitioner preferred D.B. Special Appeal (Writ) No. 125/2020, in which liberty has been granted to the petitioner to apply for modification of order dated 20.02.2008. Hence, the present application has been filed by the petitioner. 4. Learned counsel for the petitioner/applicant relied upon the judgment of Hon'ble Supreme Court in the case of V.D. Barot Vs. State of Gujarat & Ors. 2002 (10) SCC 668 in support of his contentions. 5. Learned counsel for the respondents/non-applicants submit that even the original writ petition No. 8610/2007 pertains to the recruitment process of the year 2006, and the process was completed long back and therefore followed by so many other completed recruitment processes. It was also objected that the petitioner cannot be allowed to play hide and seek as earlier petition was withdrawn without there being any liberty whatsoever. 6. I have considered the submissions made by the parties. Order dated 20.02.2008 sought to be recalled does not reflect [2025:RJ-JP:33891] (3 of 3) [WMAP-174/2024] anything that any promise was ever given by the counsel appearing for the respondent-commission in the aforesaid case and the petition was withdrawn without seeking any liberty whatsoever. 7. In the judgment V.D. Barot (supra) cited by learned counsel for the petitioner, the facts were altogether different. In that case, the petition was withdrawn in order to enable the petitioner to make a representation regarding his discharge and such liberty was granted by the High Court. In the instant case, no such liberty was either sought or granted by this Court. 8. In view of above, where petitioner has failed to point out any error apparent in order dated 20.02.2008, no case for recall of order dated 20.02.2008 is made out and the application filed by the petitioner is hereby dismissed. (ANAND SHARMA),J NEERU/27