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2025 DAILYLAW 39708 (RAJ)

VISHNU S/O SHRI GHANSHYAM v. STATE OF RAJASTHAN

CW/12658/2025 · 2025-10-07

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:40980] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12634/2025 Jitendra Singh Gurjar S/o Shri Bahadur Singh, Aged About 43 Years, Resident Of Village Village And Post Redayal Gurjar, Tehsil Wazirpur, District Sawai Madhopur-322220 ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Education Department, Government Secretariat, Jaipur 2. The Director, Elementary Education And Panchayati Raj (Elementary Education) Rajasthan, Bikaner 3. Zila Parishad Dholpur, Through Its Chief Executive Officer 4. The District Education Officer (Headquarter), Elementary Education, Dholpur, District Dholpur 5. The Block Elementary Education Officer, Basedi, District Dholpur 6. Development Officer, Panchayat Samiti, Basedi, District Dholpur,( Raj) ----Respondents Connected With S.B. Civil Writ Petition No. 12658/2025 Vishnu S/o Shri Ghanshyam, Aged About 27 Years, Resident Of Village Chikharu, Post Rarauda, Tehsil Bayana, District Bharatpur-321411 (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Education Department, Government Secretariat, Jaipur 2. The Director, Elementary Education And Panchayati Raj (Elementary Education), Rajasthan, Bikaner 3. Zila Parishad Dholpur, Through Its Chief Executive Officer 4. The District Education Officer (Headquarter), Elementary Education, Dholpur, District Dholpur 5. The Block Elementary Education Officer, Basedi, District Dholpur 6. Development Officer, Panchayat Samiti, Basedi, District [2025:RJ-JP:40980] (2 of 4) [CW-12634/2025] Dholpur,( Raj) ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Gopal Kishan Sharma, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/10/2025 1. These two writ petitions are filed with following prayer: “In SBCW No.12634/2025: The impugned order dated 04.06.2025 (Annexure-14), order dated 29.07.2025 passed by the Chief Executive Officer, Zila Parishad Dholpur (Annexure-19), order dated 29.07.2025 passed by the Development Officer, Panchayat Samiti Basedi (Annexure- 20) and relieving order dated 30.07.2025 (Annexure-21) may kindly be directed to quash and set aside. And In SBCW No.12658/2025: The impugned order dated 04.06.2025 (Annexure-14), order dated 29.07.2025 passed by the Chief Executive Officer, Zila Parishad Dholpur (Annexure-19), order dated 29.07.2025 passed by the Development Officer, Panchayat Samiti Basedi (Annexure- 20) and relieving order dated 29.07.2025 (Annexure-21) may kindly be directed to quash and set aside with all consequential benefits including monetary.” [2025:RJ-JP:40980] (3 of 4) [CW-12634/2025] 2. Learned counsel for petitioners while placing reliance upon order dated 25.08.2021 in S.B. Civil Writ Petition No. 10141/2021 Raghunath Ram vs. State of Rajasthan & Others, submits that the issue and controversy raised herein is no more res integra, as same is settled by a coordinate Bench at Principal Seal, Jodhpur and upheld by the Division Bench of this Hon’ble Court on 03.03.2022 in D.B. Special Writ (Appeal) No. 135/2022. He further submitted that present case is squarely covered, therefore same be disposed of on the basis of order passed by a Co-ordinate Bench at Principal Seat, Jodhpur. 3. Learned counsel for petitioners while referring judgment in case of Garvit Vyas vs. State of Rajasthan & Ors. in D.B. Special Appeal Writ No. 111/2025 at Principal Seat, Jodhpur and submitted that only requirement for claim under sports quota is recognition from Indian Olympic Association (IOA). 4. Aforesaid contentions were opposed by learned counsel for respondents but he candidly admitted that judgment in case of D.B. Special Writ (Appeal) No. 135/2022 (supra) has attained finality. 5. Having considered the submissions of learned counsel for petitioners and learned Additional Government Counsel appearing on behalf of State, these writ petitions are disposed of in light of order dated 25.08.2021 in S.B. Civil Writ Petition No. 10141/2021 (supra) in following manner: (i) The impugned order dated 04.06.2025 (Annexure-14), order dated 29.07.2025 (Annexure-19), order dated 29.07.2025 (Annexure-20) and relieving order dated [2025:RJ-JP:40980] (4 of 4) [CW-12634/2025] 30.07.2025 (Annexure-21) are hereby quashed and set aside. (ii) The petitioners Jitendra Singh Gurjar S/o Shri Bahadur Singh and Vishnu S/o Shri Ghanshyam are directed to appear before the Chief Executive Officer, Zila Parishad, Dholpur on 03.11.2025 along with original certificates for perusal and enquiry, if any. (iii) The respondent No.3 shall get enquiry conducted in relation to such certificate(s) and petitioners entitlement on its basis, as early as possible preferably within a period of 8 weeks, from date of receipt of copy of this order. (iv) If respondents are of the view that petitioner(s) cannot be considered as an outstanding sports person, then they shall pass speaking order in accordance with law under intimation to the petitioner(s). Till such decision is taken, the petitioner shall be allowed to work. (v) In case, petitioner(s) are found eligible on the basis of said certificate(s), they shall be continued in service with all consequential benefits. 6. Stay applications stands disposed of. 7. A copy of this order be placed on record in connected matter. (ASHOK KUMAR JAIN),J PREETI VALECHA /28-29