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2025 DAILYLAW 25603 (RAJ)

TARA CHAND S/O. SHRI JAY NARAYAN v. STATE OF RAJASTHAN

CW/12148/2024 · 2025-01-20

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:2723] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12147/2024 1. Rampal Yadav S/o. Shriram Yadav, Aged About 50 Years, R/o. Plot No.42, Anand Nagar, Sikar Road, Jaipur, At Present Posted As Sub Inspector At Police Station Karni Vihar, Jaipur. 2. Gopichand S/o. Shri Man Singh, Aged About 57 Years, R/o. 91, Ridhi Sidhi Nagar Extension, Kalwar Road, Jaipur, At Present Posted As Sub Inspector At Dcp North Office, Crime Branch, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur. 2. The Director General Of Police, Rajasthan, Police Headquarters, Jaipur. 3. The Additional Director General Of Police, Recruitment And Promotional Board, Rajasthan, Jaipur, Police Headquarter, Jaipur. 4. The Deputy Inspector General Of Police, Recruitment And Promotion Board, Rajasthan, Police Headquarter, Jaipur. 5. The Superintendent Of Police, Recruitment And Promotional Board, Rajasthan, Police Headquarter, Jaipur. 6. The Commissioner Of Police, Police Commissionerate, Jaipur. ----Respondents Connected With S.B. Civil Writ Petition No. 12148/2024 1. Tara Chand S/o. Shri Jay Narayan, Aged About 55 Years, R/o. 56-A, Apna Angan Colony, 4C Scheme, New Loha Mandi Road, Macheda, 14 Vki, Jaipur, At Present Posted As Sub Inspector In Police Line, Jaipur. 2. Naresh Kumar S/o. Shri Jagannath Prasad, Aged About 38 Years, R/o. Flat No.2, Mks Nagar, Patrakar Colony, Mansarovar, Jaipur, At Present Posted As Sub Inspector At Police Line, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur. 2. The Director General Of Police, Rajasthan, Police Headquarters, Jaipur. 3. The Additional Director General Of Police, Recruitment And Promotional Board, Rajasthan, Jaipur, Police Headquarter, Jaipur. 4. The Deputy Inspector General Of Police, Recruitment And Promotion Board, Rajasthan, Police Headquarter, Jaipur. 5. The Superintendent Of Police, Recruitment And Promotional Board, Rajasthan, Police Headquarter, Jaipur. [2025:RJ-JP:2723] (2 of 3) [CW-12147/2024] 6. The Commissioner Of Police, Police Commissionerate, Jaipur. ----Respondents For Petitioner(s) : Mr. Staya Pal Poshwal For Respondent(s) : Ms. Karishma Soni for Mr. Vinod Kumar Gupta, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 20/01/2025 1. Heard counsel for both parties and perused the material available on record. 2. In both writ petitions, identical issue is involved, hence, with the consent of counsel for both parties, writ petitions have been heard together and would stand decided by this common order. 3. Counsel for petitioners submits that both petitioners appeared in the Departmental Examination for promotion from the post of Sub-Inspector to Inspector for the year 2019-20 and against the minimum required scope of 60 marks, both scored 57.25 and 56 respectively. The case of petitioners is that on seeking information about the answer-sheet through RTI, it came to their knowledge that three questions have not been properly checked and if the answer-sheet of petitioners would have been properly checked, petitioners would have selected for promotion. A prayer for re-checking of answer-sheet was made, which has not been responded by the respondents. 4. Counsel for petitioners submits that the issue involved in these writ petitions is covered by the order dated 20.09.2023 passed in S.B. Civil Writ Petition No.12774/2023: Ganesh Meena Vs. State of Rajasthan & Ors. [2025:RJ-JP:2723] (3 of 3) [CW-12147/2024] 5. Counsel appearing on behalf of respondents-State does not dispute that the issue is covered by the order dated 20.09.2023, but raises an issue of delay that the prayer for re-checking was made belatedly. It has been pointed out that the process for promotion is over. 6. Having considered the rival contentions of counsel for both parties and in view of the fact that the issue raised by the petitioners has already been adjudicated in SBCWP No. 12774/2023, relying upon the order passed in SBCWP No.7130/2020: Mukesh Chand Sharma Vs. State of Rajasthan and in SBCWP No;.14726/2020: Narayan Singh Vs. State of Rajasthan and that order was passed after hearing both parties, which has attained finality, therefore, merely on account of some delay in filing these writ petitions by petitioners, it is not appropriate to deprive the petitioners from allowing to re- check their answer-sheets. The objection in respect of completion of process for promotion, is pre-mature to deal with at the stage of allowing re-checking of the answer-sheets of petitioners. 7. Accordingly, both these writ petitions succeeds. 8. Respondents are directed to refer the answer-sheets of both petitioners for re-checking to the Board/ Committee and to re- declare the result of petitioners forthwith. Compliance be made within a period of three months. 9. Stay applications and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /274-275