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2025 DAILYLAW 22859 (RAJ)

NARENDRA SINGH CHOUHAN S/O LAXMAN SINGH v. THE STATE OF RAJASTHAN

CW/10631/2024 · 2025-03-04

Anoop Kumar Dhand

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10631/2024 Narendra Singh Chouhan S/o Laxman Singh, Aged About 40 Years, R/o H.No. 13, Shree Shyam Vihar- A, Manyawas, Mansarovar, Near Rajputana School, Jaipur (Raj.) 302020 ----Petitioner Versus 1. The State of Rajasthan, Through Its Principal Secretary, Department of Secondary Education, Bikaner, Rajasthan. 2. The State of Rajasthan, Through The Director, Department of Secondary Education, Bikaner, Rajasthan. 3. The Returning Officer, District Municipality, District Collector, Chittorgarh, Rajasthan. ----Respondents For Petitioner(s) : Mr. Akshit Gupta Mr. Shreyansh Dhariwal For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 04/03/2025 1. By way of filing this petition, a prayer has been made for issuing a direction to the respondents to consider his case for promotion on the post of Principal against the vacancies year 2021-2022. 2. The petitioner has got alternative statutory remedy of filing an appeal as per the provisions of the Rajasthan Civil Services Appellate Tribunal but without availing the said remedy, the petitioner has straightaway approached this Court. (2 of 2) [CW-10631/2024] 3. It is the settled proposition of law, whenever an alternative remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority. 4. In view of the above, the instant writ petition stands disposed of, granting liberty to the petitioner to file statutory appeal before the Tribunal. In case, such appeal is preferred by the petitioner within a period of one month from today, it is expected from the Tribunal to hear and decide the same expeditiously as early as possible, ignoring the period of limitation. 5. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/11