[2025:RJ-JP:27321] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2819/2019 1. Kailash Chandra Sharma S/o Shri Atar Lal Sharma, Aged About 61 Years, R/o Shiv Shankar Colony, Near College, Karauli. 2. Smt. Rukman Jat W/o Shri Narendra Kumar Silu, Aged About 61 Years, R/o Behind Chaudhary Aman Dharamkanta, Poogal Road, Bikaner 3. Jagdish Prasad Sharma S/o Shri Nanu Ram Sharma, Aged About 62 Years, R/o Adarsh Colony, Ward No. 21, Suratgarh, District Sri Ganganagar. 4. Rama Shanker Sharma, Aged About 64 Years, R/o Sepeu House, Kharanja Road, Kothi, Dholpur. 5. Babu Lal Meena S/o Shri Ram Karan Meena, Aged About 51 Years, R/o 2/180, Kala Kuan, Housing Board, Alwar. 6. Mohd. Arif Khan S/o Shri Mohd. Imran Khan, Aged About 56 Years, R/o B.r. 633, New Delhi, Civil Lines Bundi. 7. Shiv Narayan Gaur S/o Shri Ramji Lal Gaur, Aged About 56 Years, R/o House No. 1-C-32, S.t.c. Housing Board Colony, Bharatpur. 8. Sita Ram Jat S/o Shri Heeram Ram Jat, Aged About 55 Years, R/o Behind Truck Union, Mansar Chauraha, Nagaur. 9. Ashok Kumar S/o Shri Durga Lsaltailor, Aged About 56 Years, R/o 49, Mahaveer Colony, Jatia Road, Beawar, District Ajmer 10. Virendra Kumar Sharma S/o Shri Keshav Narain Sharma, R/o C/o Shri O.p. Naiyer Advocatge, Tave-Ki-Tori, Ward No. 20, Karauli. 11. Pooran Singh Gadasiya S/o Shri Fateh Singh, Aged About 57 Years, R/o B-140, Jawahar Nagar Colony, Bharatpur 12. Smt. Gurindra Kaur W/o Shri Charanjeet Singh Kalsi, Aged About 55 Years, R/o 69, Ekta Vihar Colony, Behind Fci Sonkh Road, Kothi, Dholpur 13. Ms. Nanki Kaurani, D/o Shri Shyam Dass Kaurani, Aged About 55 Years, Librarian, Government P.g. College, Ajmer 14. Hari Singh S/o Shri Mangtoo Ram Jatav, Aged About 49 Years, R/o Manna-Ka-Road, Shiv Colony, In Front Of Lal [2025:RJ-JP:27321] (2 of 7) [CW-2819/2019] Kothi, Alwar 15. Sadashiv Sharma S/o Shri Brij Bhushan Sharma, Aged About 55 Years, R/o Mishra Gali, Vazirpur, Sawai Madhopur. 16. Jai Singh Meena, S/o Shri Ram Kishan Meena, Aged About 47 Years, R/o C/o Shri Thandi Ram Meena, Village And Post Seva, Tehsil Gangapur City, District Sawai Madhopur. ----Petitioners Versus 1. The State Of Rajasthan, Through The Principal Secretary To The Government, Higher Education Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Commissioner, College Education, Rajasthan, Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Prahlad Singh For Respondent(s) : Mr. Aditya Singh HON'BLE MR. JUSTICE SUDESH BANSAL Order 22/07/2025 1. The issue involved in this writ petition is in narrow compass i.e. in respect of entitlement of petitioners for selection scale on the post of College Librarian, without requirement of obtaining API score in term of the order dated 13.01.2016 issued by the Government of Rajasthan, Education (Grade IV), Department. 2. It is not in dispute that petitioners have already been awarded UGC and Senior Scale as per the scheme of the State Government. The entitlement of petitioners, for selection scale, is also not in dispute as in para 18 of the reply to the writ petition, the respondents do admit and have prepared a table, indicating [2025:RJ-JP:27321] (3 of 7) [CW-2819/2019] the scheduled date of entitlement of petitioners for selection scale. For ready reference, table as incorporated in para 18 of the reply to the writ petition, is being reproduced hereunder:- Sr. No. Name DOB Approval of Selection Scale DPC Selection Scale Due Date Details 1 Ashok Kumar 01-09-1959 31-03-2006 31-03-2011 API Score Needed 2 Babu Lal Meena 22-02-1964 31-03-2004 31-03-2009 API Score Needed 3 Gurindar Kaur 03-09-1960 31-03-2006 31-03-2011 API Score Needed 4 Hari Singh 10-06-1966 31-03-2005 31-03-2010 API Score Needed 5 Jagdish Prasad Sharma 29-09-1954 31-03-2004 31-03-2009 API Score Needed 6 Jai Singh Meena 12-07-1968 31-03-2005 31-03-2010 API Score Needed 7 Kailash Chandra Sharma 20-06-1954 31-03-2004 31-03-2009 API Score Needed 8 Md. Harif Khan 11-02-1959 31-03-2005 31-03-2010 API Score Needed 9 Nanki Kaurani 23-09-1960 31-03-2005 31-03-2010 API Score Needed 10 Pooran Singh Garasiya 01-08-1958 31-03-2005 31-03-2011 API Score Needed 11 Ramashankar Sharma 20-01-1951 31-03-2006 31-03-2009 API Score Needed 12 Rukman Jat 01-02-1955 31-03-2004 31-03-2009 API Score Needed 13 Sadashiv Sharma 01-07-1959 31-03-2006 31-03-2011 API Score Needed 14 Shiv Narain Gaur 28-04-1959 31-03-2006 31-03-2011 API Score Needed 15 Sitaram Jat 14-07-1960 31-03-2006 31-03-2011 API Score Needed 16 Virendra Kumar Sharma 15-04-1959 31-03-2006 31-03-2011 API Score Needed 3. Learned Dy. Government Counsel, Mr. Aditya Singh appearing on behalf of respondents, submits that for awarding the selection scale to petitioners, the requirement is "Minimum API Score using PBAS Methodology (as laid down in the prevailing UGS Regulations in category I-III for Librarians/ PTI)” as indicated in [2025:RJ-JP:27321] (4 of 7) [CW-2819/2019] the order dated 13.01.2016 (Ann.R/2). Learned counsel for the respondents submits that since petitioners have not fulfilled the minimum API score as required, they have not been awarded selection scale. However, such requirement in respect of five petitioners, namely; Babu Lal Meena, Jagdish Prasad Sharma, Kailash Chandra Sharma, Rama Shankar Sharma and Smt. Rukman Jat, has not been insisted for the reason that they have been given promotion on the post of Librarian in the year 1997-98 vide order dated 30.05.2017. Such averments have been pleaded by the respondents in para 18 of the reply to the writ petition itself. 4. To counter the above plea, in respect of requirement of Minimum API Score by the petitioners, counsel for the petitioners has pointed out that in fact the present 16 petitioners along with other petitioners total in number 26, all college librarians, pre- ferred S.B. Civil Writ Petition No.4956/2008 (Tara Chand & Ors. Vs. State of Rajasthan & Ors.), raising a grievance for not award- ing UGC/ Senior/ Selection Scale. The said writ petition came to be allowed vide order dated 20.08.2010 in the light of previous judgment of this Court passed in case of Laxmi Narain Sharma & Ors. Vs. State of Rajasthan & Ors.: [2002 (1) RLR 771], which was affirmed up to the Hon’ble Supreme Court. It has been pointed out by counsel for the petitioners that in furtherance to the order dated 20.08.2010, respondents have awarded UGC/ Senior/ Selection Scale to the writ petitioners, barring present petitioners to whom selection scale has not been awarded, although UGC/ Senior Scales have been awarded, hence, instant [2025:RJ-JP:27321] (5 of 7) [CW-2819/2019] writ petition, afresh has to be filed by the present petitioners. Petitioners have confined their grievance to not awarding selection scale only. 5. Heard respective counsel for both the parties and perused the material placed on record. 6. This Court finds that there is no dispute about the fact that the present petitioners along with other petitioners, earlier had filed S.B. Civil Writ Petition No.4956/2008. Previous writ petition was allowed vide order dated 20.08.2010 and petitioners were held entitled for upgraded UGC Pay Scale as also Senior/Selection Scales in terms of the Scheme of the Government of Rajasthan. The order dated 20.08.2010 has attained finality. Thus, as far as case of the present petitioners for entitlement of Selection Scale has already been finalized and their rights stand crystallized vide order dated 20.08.2010. 7. It is noteworthy that when the order dated 20.08.2010 was not complied with, S.B. Civil Contempt Petition No.1218/2011 ti- tled as Tara Chand & Ors. Versus Shri Rajiv Swaroop & Anr., was filed. In this contempt petition, behind back of the then counsel for the writ petitioners, concerned OIC appearing on behalf of respondents made a statement that the benefits of UGC/Senior/ Selection Scales to the writ petitioners have been given. Hence, in that view, the contempt petition was disposed of. However, later on, when the petitioners moved an application being S.B. Civil Misc. Application No.23/2016 in S.B. Civil Contempt Petition No.1218/2011, raising a grievance that in fact, they have not been awarded selection scale and the contempt petition has been [2025:RJ-JP:27321] (6 of 7) [CW-2819/2019] disposed of on false statement of the then OIC, the Coordinate Bench of this High Court vide order dated 16.11.2018, instead of reviving the contempt petition, granted liberty to the petitioners to take a remedy afresh for vindicating their rights. Hence, in view of such liberty, this fresh writ petition has been filed by the petitioners and the same is maintainable. 8. In addition to the above, it has further transpired from the record that after passing the order dated 20.08.2010, the Government of Rajasthan, Education (Grade-IV) Department, itself issued an order dated 09.12.2011, introducing a Revised Scheme of Career Advancement Scheme for grant of Senior/Selec- tion Scales to the Librarians and PTIs working in the Government Colleges w.e.f. 27.07.1998. A copy of the order dated 09.12.2011 is available on record as Annexure-3. This order does not warrant any requirement of API Score to award Senior/Selection Scales to the Librarians. Hence, this Court finds that in addition to the order dated 20.08.2010, the entitlement of the petitioners to get Selection Scale, without need of API Score, has become matured in the light of the order dated 09.12.2011. Such legal rights already vested in petitioners, cannot be fetched, nor can be curtailed or vanished by issuance of a subsequent order dated 13.01.2016 on which counsel for respondents is placing reliance. Hence, this order dated 13.01.2016, cannot be held applicable to the present petitioners. 9. Apart from the above, this Court is of the considered opinion that the case of petitioners is at par with the other college librarians, who have already been awarded the selection scale, in [2025:RJ-JP:27321] (7 of 7) [CW-2819/2019] compliance of the order dated 20.08.2010, hence, the petitioners may not be discriminated. 10. As a result, the instant writ petition succeeds and is hereby allowed. The respondents are directed to award selection scale to the petitioners, from the due date, as indicated in the table reproduced in Para No.2 of this order without insisting for requirement of API Score in terms of the order dated 13.01.2016. If the benefit of Selection Scale and arrears are not paid to the petitioners within a period of three months from the date of receipt of copy of this order, petitioners shall be entitled for interest @ 6% per annum thereupon. 11. Before parting with the order, it is hereby observed that petitioners have also made a prayer for non-grant of Academic Grade Pay IV (AGP IV as well). This issue has not been considered in this writ petition, hence, petitioners are at liberty to raise this issue afresh. 12. Pending application, if any, also stands disposed of. (SUDESH BANSAL),J TN/14