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2025 DAILYLAW 31759 (RAJ)

THE STATE OF RAJASTHAN v. RADHESHYAM MEENA S/O DHAMOLI MEENA

SAW/635/2024 · 2025-09-03

Sanjeet Purohit, Sanjeev Prakash Sharma

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Judgment text

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[2025:RJ-JP:35376-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 635/2024 In S.B. Civil Writ Petition No.12854/2022 1. The State Of Rajasthan, Through Its Secretary, Department Of Home, Government Secretariat, Rajasthan, Jaipur. 2. The Director General Of Police, Police Headquarter, Jaipur. 3. The Inspector General Of Police (Recruitment), Rajasthan, Jaipur. 4. The Superintendent Of Police, Jaisalmer. ----Appellants Versus Radheshyam meena s/o Dhamoli meena, aged about 31 years, r/o VPO nandri, tehsil sikrai, district dausa, rajasthan. ----Respondent For Appellant(s) : Mr. Samee Khan, Adv. For Respondent(s) : Mr. Namo Narayan Sharma, Adv. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 03/09/2025 1. The issue raised in the present appeal is no more res integra, the Division Bench in similar appeals has considered the issue and dismissed the appeals. One of the order passed, which takes note of other orders passed by Co-ordinate Benches reads as under:- “1. Since common question of law is involved in both these appeals, with the consent of the parties, the same were heard together, are are now being decided [2025:RJ-JP:35376-DB] (2 of 3) [SAW-635/2024] by way of this common order with D.B. SAW No. 22/2022 as the lead file. 2. The present intra-court appeal is filed being aggrieved by the impugned order dated 19.07.2021 in S.B. Civil Writ Petition No.4245/2019 titled as Bheem Singh vs State of Rajasthan & Ors., wherein the learned Single Judge allowed the writ petition filed by the respondent/writ-petitioner and directed the appellant- State to consider the case of the respondent/writ- petitioner for appointment to the post of Constable General as per his merit and category within a period of two months after considering the chestre-measurement of the respondent/writ-petitioner. 3. Learned counsel for the respondent, at the outset, submits that the controversy involved in this petition is no more res integra in view of judgment of Co-ordinate Bench of this Court in(i) State of Rajasthan & Ors. vs. Ram Niwas (D.B. Special Appeal Writ No. 1428/2019; decided on 12.07.2022), (ii) State ofRajasthan & Ors. vs. Aarif (D.B. Special Appeal Writ No.1095/2019; decided on 04.07.2022), (iii) State of Rajasthan &Ors. vs. Meetha Lal Meena (D.B. Special Appeal Writ No.1210/2019; decided on 12.07.2022), (iv) State of Rajasthan &Ors. vs. Seeta Ram Meena (D.B. Special Appeal Writ No.751/2021; decided on 05.04.2022), (v) State of Rajasthan & Ors. vs. Virendra Kumar Meena (D.B. Special Appeal Writ No.926/2021; decided on 04.04.2022), (vi) State of Rajasthan & Ors. vs. Sunil Meena (D.B. Special Appeal Writ No. 1393/2019; decided on 04.01.2021), (vii) State of Rajasthan & Ors. vs. Puran Mal Bairwa (D.B. Special Appeal Writ No. 570/2019; decided on21.01.2021), (viii) State of Rajasthan & Ors. vs. Brijesh Kumar Meena (D.B. Special Appeal Writ No. 908/2019; decided on02.07.2019), and judgment of Apex Court in SLP No. 9291/2022titled as State of Rajasthan & Ors. vs. Rajesh Gurjar and in SLP No. 6067/2021 titled as State of Rajasthan & Ors. vs. Sanjay Meena. [2025:RJ-JP:35376-DB] (3 of 3) [SAW-635/2024] 4.Learned counsel for the appellant-State vehemently argued the appeal but was not able to refute the dictum of above cited judgments. 5.Having heard learned counsel for the parties and upon careful consideration of the record, this Court is of the view that since the issue is already settled by Co- ordinate Bench of this Court, wherein in identical facts and circumstances the appeal of the State has been dismissed, no interference is called for in the present matter. 6.Accordingly, the present appeals stands dismissed. Pending application(s), if any, shall stand disposed of.” 2. In view of the above, the present appeal does not survive, the same is accordingly dismissed in the same terms mutatis mutandis. 3. Pending applications(s), if any, stand(s), disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J AVINASH GULERIA /131