DINESH KUMAR YADAV SON OF RAMPAL YADAV v. THE STATE OF RAJASTHAN
CW/12075/2025 · 2025-11-20
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38368 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38368 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:46909] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12075/2025 Dinesh Kumar Yadav Son Of Rampal Yadav, Aged About 40 Years, Village Berawash Khurd, Post Office Joriya, Tehsil Kotkasim, Khairthal-Tijara (Rajasthan)- 301702 ----Petitioner Versus
1. The State Of Rajasthan, Through Its Secretary To Government, Department Of Personnel, Rajasthan, Secretariat, Jaipur (Rajasthan)-302005.
2. Rajasthan Public Service Commission (Rpsc), Through Its Secretary, Ghooghara Ghati, Jaipur Road, Ajmer (Rajasthan).-305001 ----Respondents Connected With S.B. Civil Writ Petition No. 7494/2025 Akanksha Kumari D/o Sh. Banshi Dhar Choudhary, W/o Sh. Amit Sahu, Aged About 33 Years, R/o 277-78, Hanuman Nagar Extension, Jaipur, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Department Of Personnel, Government Of Rajasthan, Government Secretariat, Jaipur.
2. Rajasthan Public Service Commission, Through Its Secretary, Ajmer, Rajasthan. ----Respondents For Petitioner(s) : Mr. Tribhuwan Narayan Singh Mr. Akhil Simlote with Mr. Dikshant Jain & Mr. Ashvin Raj Tanwar For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Prakhar Jain Mr. Mirza Faisal Baig HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
[2025:RJ-JP:46909] (2 of 4) [CW-12075/2025] 20/11/2025
1. These two writ petitions were preferred in relation to recruitment advertisement dated 02.04.2018 and further corrigendum issued for recruitment on various posts in Rajasthan State and Subordinate Services organized by RPSC.
2. The controversy in both the petitions is only in relation to a vacancy in the category of General Ex-serviceman in the cadre of RAS. Earlier, this vacancy was reserved in pursuant to interim
order passed by a Coordinate Bench at Principal seat, Jodhpur in S.B. CWP No.4296/2021 Surendra Singh Vs. State of Rajasthan Public Service Commission and Ors., but the writ petition was ultimately dismissed on 14.12.2023.
3. Surendra Singh has filed a D.B. Special Appeal Writ No.1045/2023 and same is pending before the Division Bench at Principal Seat, Jodhpur, and on 07.08.2024, the Division Bench has observed as under:-
“As this Court has not stayed any appointment, but has only made the appointment subject to final outcome of the case, it is made clear that there is no interim order and it shall be open for the State to proceed.”
4. A Writ Petition No.16817/2025 is filed by Prahlad Singh Shekhawat and same was disposed on 14.11.2024 with liberty to him to submit a representation to the respondents for re-
consideration of his candidature for reshuffling for the post if lying vacant or found vacant and if reshuffling is done by the Department, but the candidature of Prahlad Singh Shekhawat, be considered, strictly in accordance with merits.
[2025:RJ-JP:46909] (3 of 4) [CW-12075/2025]
5.
Learned counsel for petitioners submits that as on today, one post in the cadre of RAS in the category General Ex-serviceman is lying vacant and after the clarification by Hon’ble Division Bench at Principal Seat, Jodhpur on 07.08.2024, the respondents are under an obligation to carry out reshuffling, but they are avoiding it for one or the other reason.
6.
Learned counsel Mr. Archit Bohra, AGC appearing on behalf of DOP submits that if the Court directs then they will conduct the reshuffling but strictly in accordance rules and procedure and also on the basis of order of merits of the candidates.
7. Having considered the submission and also taking note of the
order dated 07.08.2024 in D.B. Special Appeal Writ No.1045/2023, it is appropriate to dispose of the writ petitions with liberty to the petitioners to submit a representation to the respondents to consider their candidature at the time of reshuffling. The respondents are directed to complete the same within a period of 2 months from date of receipt of copy of this
order.
8. Considered the submission of learned counsel for the parties, the petitioners are given a liberty to submit a representation to respondents-Authority (DOP) for initiating exercise of reshuffling to fill up one post in the cadre of RAS in the category General Ex- serviceman, strictly in accordance rules and order of merit. The consequential reshuffling shall also be undertaken after filing up of one post of RAS from General Ex-serviceman category. It is also made clear that this reshuffling shall be subject to outcome of writ appeal as observed by the Division Bench of this Court at Principal Seat, Jodhpur. Needless to say that the respondents are under an
[2025:RJ-JP:46909] (4 of 4) [CW-12075/2025] obligation to give effect to rules and procedure of also the order of merit while undertaking the exercise of reshuffling. The reshuffling exercise has to be completed within two months from date of receipt of copy of this order.
9. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /08-09