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2025 DAILYLAW 42555 (RAJ)

PAYAL KUMARI LABANA D/O CHATRA SINGH LABANA v. THE STATE OF RAJASTHAN

CW/16771/2025 · 2025-11-04

Ashok Kumar Jain

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[2025:RJ-JP:44279] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16771/2025 Payal Kumari Labana D/o Chatra Singh Labana, Aged About 24 Years, R/o Labana, Ward No. 04, Vpo Dhundhariya Dhoon, Dhariya, District Dungarpur, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Animal Husbandry Department, Government Secretariat, Jaipur. 2. The Director, Department Of Animal Husbandry, Government Of Rajasthan, Jaipur. 3. Rajasthan Staff Selection Board, Through Its Secretary, Agriculture Management Institute Building, Durgapura, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. Devansh Sharma, Dy. GC Mr. Vishal Kumar Ms. Pooja Sharma for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/11/2025 1. Instant writ petition is preferred by petitioners with following prayer:- (i) By an appropriate writ, order or direction in the nature thereof, the respondents be directed to change and consider the Category ot petitioner from MBC Non TSP to TSP General Category in the application form of Livestock Assistant because third party right has not been accured. (ii) By an appropriate writ, order or direction in the nature thereof, the respondents be directed to give appointment to the petitioner on the post Livestock Assistant as the petitioner secured more marks than the last cut off under TSP General Category. [2025:RJ-JP:44279] (2 of 3) [CW-16771/2025] By an appropriate writ, order or direction in the nature thereof, the respondents may kindly be directed to decide the representation submitted by the petitioner in terms of the judgment rendered in the case of Kavita Choudhary Vs. The Registrar (Exam) & Anr. (DBSAW No. 1700/2017, decided on 01.11.2017. 2. Learned counsel for petitioner while referring and relying upon judgment in S.B. Civil Writ Petition titled as Datar Singh Vs. State of Rajasthan and approved in D.B. SAW No. 875/2012 State of Rajasthan Vs. Datar Singh (Order dated 31.07.2013) and followed in judgment dated 01.11.2017, DB Civil Special Appeal (Writ) No. 1700/2017 titled as Kavita Choudhary Vs. The Registrar (Examination), and Anr. submits that the controversy and the issue raised herein was already been settled by of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforementioned order. 3. Mr. Devansh Kumar and Mr. Vishal Kumar on behalf of Mr. Manoj Sharma, AAG accept notice on behalf of respondent(s). 4. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition is disposed of in light of Datar Singh Vs. State of Rajasthan (supra) and Kavita Choudhary Vs. The Registrar (Examination) (supra) passed by this Court. 5. Considered the grievance raised herein, the petitioner is given liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation in light of ratio laid down in case referred hereinabove and if [2025:RJ-JP:44279] (3 of 3) [CW-16771/2025] petitioner is entitled for a benefit then same is extended but in case of deviation decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents 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 liberty to approach this Court with fresh petition. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MONU /53