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2025 DAILYLAW 35728 (RAJ)

SUMAN D/O KHEMA RAM v. STATE OF RAJASTHAN THROUGH PRINCIPAL EDUCATION SECRETARY

CW/25594/2018 · 2025-01-13

Sameer Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:1802] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 25594/2018 Suman D/o Khema Ram, Aged About 26 Years, R/o Ragho Das Ka Bas, Khanri, Post Daudsar, Tehsil Didwana, District Nagaur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan through Principal Education Secretary, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Bikaner. 3. Rajasthan Public Service Commission through its Secretary, Ajmer. ----Respondents For Petitioner(s) : Mr. R.P. Saini For Respondent(s) : Mr. Nitin Jain Mr. Shubhanshu Piliani & Mr. Avinash Choudhary for Mr. B.S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN Order 13/01/2025 Learned counsel for the petitioner has submitted that the respondents have not considered the candidature of the petitioner on the post of Senior (Science) Teacher, despite securing more marks than the cut off marks. Therefore, it is prayed that the candidature of the petitioner be considered in the respective reserved category. Furthermore, in light of letter dated 27.01.2018 (Annexure- 6), the petitioner has made a prayer seeking direction that the respondent be directed to call petitioner for counseling and [2025:RJ-JP:1802] (2 of 3) [CW-25594/2018] consider the eligibility of the petitioner for the recruitment on the said post. Per contra, learned counsel for the respondents has submitted that qua the said selection process, candidates were selected as per the result published on 03.02.2018. It is further submitted that after the judgment passed by the Hon’ble Division Bench vide order dated 17.07.2018, revise list was declared wherein, it is reflected that petitioner has secured 282.96 which is less than the cut off marks i.e. 284.35 resulting in non selection of petitioner. Furthermore, the same has been appealed before the Hon’ble Supreme Court however, no intervention was made by the Court therein. Additionally, learned counsel has placed reliance upon order dated 29.01.2021 passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.22356/2018 titled as Sangita & Ors. Vs. State of Rajasthan & Ors, and submitted that in the said order Co-ordinate Bench of this Court has placed reliance upon the judgment passed by Hon’ble Supreme Court in Vikesh Kumar Gupta & Anr. Vs. The State of Rajasthan & Ors. reported in 2020 (13) SCALE 689 and passed a categorical direction to the respondents to proceed as per second answer key result. Consequently, in compliance of the said order the respondents have carried out the said selection process, and as on date, no vacancy is left, therefore the present petition is rendered infructuous. [2025:RJ-JP:1802] (3 of 3) [CW-25594/2018] Considering the facts and circumstances of the present petition, taking note of the fact that no interim order was passed, and that lis in the instant matter is pending before the Division Bench, therefore, this Court is not inclined to interfere in the instant matter. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/26