SUNITA D/O SHRI HUNTA RAM GODARA W/O SHRI DALIP v. STATE OF RAJASTHAN
CW/11749/2025 · 2025-10-08
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40456 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40456 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11749/2025 Sunita D/o Shri Hunta Ram Godara W/o Shri Dalip, Aged About 27 Years, Resident Of Village Bhauwala, Post Ratusar, Tehsil Bhanipura, District Churu-331403 (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Higher Education Department, Government Secretariat, Jaipur
2. The Commissioner, College Education, Dr. Srk Shiksha Sankul, J.l.n. Marg, Jaipur (Raj.)
3. Secretary, Rajasthan Public Service Commission, Ghooghra Ghati, Ajmer (Raj.)
4. Mohit Suthar S/o Shri Narayan Lal Suthar, Resident Of Near Ratneshwar Mahadev Mandir, Vishwakarma Vihar, Gaon Badi, Tehsil Badgaon, District Udaipur-313011
5. Sunita Dhayal D/o Kana Ram, Aged About 40 Years, R/o Ward Number 36, Balram Nagar, Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Mohd. Kasim Khan for Mr. Tanveer Ahamad For Respondent(s) : Mr. Aditya Singh, Dy. GC Mr. Govind Gupta for Mr. M.F. Baig HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 08/10/2025
1. Instant Writ Petition is preferred by petitioner-Sunita with following prayer:- (1) The respondents may kindly be directed to issue appointment order to the humble petitioner on the post of Assistant Professor Sub. Drawing and Painting in pursuant to the advertisement dated 22.06.2023 with all consequential benefits and all the notional benefits from the date candidate lower in merit is given appointment, in the interest of
(2 of 3) [CW-11749/2025] justice.
2. The action of the respondents in making wrong
interpretation of the order dated 30.05.2025 passed by this Hon'ble Court in sbcw no. 7629/2025 by which appointment
order has not been issued to the humble petitioner on the post of Assistant Professor Sub. Drawing and Painting may despite of being in higher merit to the last selected candidate of OBC category may kindly be declared arbitrary, unreasonable and illegal and the same may be ordered to be set right
in
the
interest
of
justice.
3. The respondents may also be directed to consider the candidature
of
the
humble
petitioner
for allotment of place of posting / college as per her priority in view of the circular dated 24.02.2025 by taking priority on spouse ground also, in the interest of justice by reshuffling the place of posting accordingly and petitioner may accordingly be allotted Government College Bikaner as per her merit position and priority in the interest of justice.
2. During course of argument, while referring order dated 08.08.2025 in S.B. Civil Writ Petition No. 7629/2025, learned counsel submits that, a Co-ordinate Bench has considered
judgment in case of Piyush Kaviya & Ors. Vs. The Rajasthan Public Service Commission & Ors. (D.B. Special Appeal Writ No. 198/2018) passed by a Division Bench of this Court at Principal Seat Jodhpur and RPSC Vs. Yogita Yaduvanshi (D.B.Civil Special Appeal (Writ) No. 804/2020) passed by a Division Bench of this Court, has observed that by advertisement dated 22.06.2023 there was no notification the post of Assistant Professor (Drawing and Painting) under the OBC Divorcee Category, was never issued.
3. Having considered the judgments as raised hereinabove, no case for interference on merits is made out, however petitioner is entitled to submit a representation to the respondents Nos. 1 to 3.
4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to respondents Nos. 1 to 3 within a period of two weeks raising all grounds. The
(3 of 3) [CW-11749/2025] respondents Nos. 1 to 3 are directed to decide the representation with a reasoned and speaking order within a period of 4 weeks from date of receipt of representation. After passing the order, the respondent Nos. 1 to 3 are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in her representation. If the petitioner is still aggrieved, she has a right to re-approach the court with fresh petition.
5. Accordingly, the writ petition with pending application, if any, stands disposed.
(ASHOK KUMAR JAIN),J MONU /16