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2025 DAILYLAW 36850 (RAJ)

SANKALA RAM S/O DHANA RAM v. THE STATE OF RAJASTHAN

CW/14714/2025 · 2025-10-13

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:41777] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14714/2025 1. Sankala Ram S/o Dhana Ram, Aged About 35 Years, R/o Vpo Achpura, Tehsil Pindwara, District Sirohi, Rajasthan. 2. Hitendra Singh Rajput S/o Chhagan Singh Rajput, Aged About 33 Years, R/o Bich Ke Ghar, Kelthera, Gogunda, District Udaipur, Rajasthan. ----Petitioners Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of School Education, Government Secretariat, Jaipur, Rajasthan. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/10/2025 1. Instant writ petition has been preferred by the petitioners with the following prayer:- “i) Issue an appropriate writ order or direction in the nature thereof thereby, the respondent be directed to give appointment to the petitioners on the post of Sr. Teacher Gr. II Subject Social Science (TSP Area), with all consequential benefits. ii) By an appropriate writ, order or direction in the nature thereof thereby, respondents may kindly be directed to fill up posts of Ex-Serviceman (TSP) of Sr. Teacher Social Science by way of normal procedure on [2025:RJ-JP:41777] (2 of 3) [CW-14714/2025] account of non availability of suitable/eligible candidates of Ex-Serviceman category in the TSP Area of Social Science Subject since last three recruitment of Sr. Teacher. iii) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners.” 2. During course of arguments, learned counsel for the petitioners has placed reliance upon circular dated 27.02.2023 and further order dated 02.02.2024 passed by a Co-ordinate Bench of this Court in the case of Pawan Meena Vs. The State of Rajasthan and Ors. : S.B. Civil Writ Petition No.1665/2024 and submits that as per declared result of recruitment if no candidate is available from the category of Ex-serviceman, then the vacant posts have to be reverted to General category and accordingly same be filled from available candidates of reserve list. He submits that an opportunity be granted to them to submit a representation in light of circular dated 27.02.2021 so that the vacant post may be filled up from available candidates. 3. Considered the grievance raised herein, the petitioners are given a liberty to submit a representation to the respondents- Authority within a period of 15 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioners but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their [2025:RJ-JP:41777] (3 of 3) [CW-14714/2025] representation. If the petitioners are still aggrieved, they are at liberty to approach this Court with fresh petition. 4. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/5