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2025 DAILYLAW 37481 (RAJ)

MS. SHERIL GUPTA D/O VISHNU GOPAL GUPTA v. STATE OF RAJASTHAN

CW/16026/2025 · 2025-11-14

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:45833] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16026/2025 Ms. Sheril Gupta D/o Vishnu Gopal Gupta, Aged About 29 Years, R/o 11-12, Natraj Nagar, Imliwala Phatak, Jaipur-302015 (Rajasthan) Roll. No. 2581735 ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher And Technical Education, Government Of Rajasthan, Secretariat, C- Scheme, Jaipur-302001 (Rajasthan). 2. The Secretary, Rajasthan Public Service Commission (Rpsc), Jaipur Road, Ghoogra Ghati, Ajmer-305001 (Rajasthan) 3. The Commissioner, Directorate Of College Education, Shiksha Sankul, Jln Marg, Jaipur-302015 (Rajasthan). 4. The Additional Director General Of Police (Special Operations Group), Janta Colony, Opposite To Central Jail, Jaipur-302004 (Rajasthan). 5. The Commissioner, Directorate Of Specially Abled Persons, Government Of Rajasthan, G3-1A, Raj Mahal Residency Area, C-Scheme, Near Civil Lines Phatak, Jaipur-302005 (Rajasthan) ----Respondents Connected With S.B. Civil Writ Petition No. 8133/2025 Dr. Indra Rajvanshi W/o Vishnu Gopal Gupta, Aged About 70 Years, R/o 6, Natraj Nagar, Imliwala Phatak, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Home, Government Secretariat, Jaipur. 2. Principal Secretary, Department Of Medical And Health And Family Welfare, Government Secretariat, Jaipur. 3. Additional Chief Secretary, Department Of Social Justice And Empowerment, Government Secretariat, Jaipur. 4. Director General Of Police, Police Headquarter, Lal Kothi, [2025:RJ-JP:45833] (2 of 5) [CW-16026/2025] Jaipur. 5. Additional Director General Of Police (Sog And Ats), Janta Colony, Opposite To Central Jail, Jaipur. 6. Rajasthan Public Service Commission, Through Secretary, Ghoogri Ghati, Ajmer. ----Respondents For Petitioner(s) : Dr. Saugath Roy Dr. Anil Sharma Mr. Kunal Chauhan Mr. Tanuj Gupta For Respondent(s) : Mr. S.S. Naruka, AAG with Mr. Jitendra Kumar Takar and Mr. Sachin Singh Rathore Mr. Somitra Chaturvedi Mr. Jeetendra Kumar Sharma Mr. M.F. Baig HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/11/2025 In S.B. Civil Writ Petition No. 16026/2025:- 1. The instant writ petition has been preferred by the petitioner with following prayer:- “i) The respondents may kindly be directed by issuing writ of mandamus, order or direction in the nature thereof:- a) To operate the reserve list by Respondents and candidature of the Petitioner be considered as per merit secured by her and she be granted the appointment on the post of Assistant Professor (Drawing and Painting) with all consequential benefits against meritorious candidates for appointment on the post of Assistant Professor (Drawing and Painting)-2023 in pursuance to advertisement dated 22.06.2023; and b) to give appointment to humble Petitioner on the post of Assistant Professor (Drawing and Painting)- [2025:RJ-JP:45833] (3 of 5) [CW-16026/2025] 2023 with all consequential benefits in pursuance to the advertisement dated 22.06.2023. ii) Any other appropriate order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner.” 2. The contention of the petitioner is that while forwarding the names of selected candidates in pursuant to advertisement dated 22.06.2023 for the post of Assistant Professor (Drawing and Painting), name of Krishan Gir Goswami was also recommended, who is having benchmark disability less than 40% whereas candidate Labh Chand has not appeared before the Medical Board and SOG has registered a case for fake and false disability certificate to canvass their candidature. The petitioner has maintained that candidature of Krishan Giri Goswami and Labh Chand is required to be cancelled, as they do not possess benchmark disability. 3. During course of arguments Mr. M.F. Baig learned counsel appearing for RPSC submits that the candidature of Krishna Giri Goswami has been withdrawn and cancelled by the Department as he is having less than 40% benchmark disability and now considering the vacancy of one post, the RPSC will acting in accordance with Rules and recommend the next eligible candidate, within two weeks from today. 4. Learned AAG appearing on behalf of the Department has referred the order dated 06.11.2025 passed by the Commissioner, College Education, Rajasthan, Jaipur about the cancellation and [2025:RJ-JP:45833] (4 of 5) [CW-16026/2025] withdrawal of candidature of Krishan Gir Goswami as he is having around 30% disability. The letter is taken on record. 5. Having considered the statement of learned counsel appearing on behalf of RPSC and learned AAG, the learned counsel for the petitioner submits that the writ petition be disposed of at this stage with direction to the RPSC to consider candidature of the present petitioner, if she found a place in merit for recommendation. 6. Having taken note of the statement of learned counsel appearing for the RPSC and learned AAG, the writ petition is disposed of with direction to the RPSC to considered recommendation in accordance with Rules for the vacant post in place of Krishan Gir Goswami, whose candidature was cancelled and rejected (not found suitable) by order dated 06.11.2025. 7. In any case, if the petitioner is aggrieved from any action pre-judicial to her interest, she is at liberty to re-approach the Court with a fresh petition. 8. With the aforesaid, the instant writ petition is disposed of with pending application, if any. In S.B. Civil Writ Petition No. 8133/2025:- 1. Learned counsel for the petitioner offers to withdraw the instant writ petition as S.B. Civil Writ Petition No. 16026/2025 has been disposed of on basis of statement made by the learned counsel appearing for the RPSC and learned AAG. [2025:RJ-JP:45833] (5 of 5) [CW-16026/2025] 2. In view of aforesaid, the writ petition is dismissed as withdrawn with pending application, if any. (ASHOK KUMAR JAIN),J MR/341 and 342