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2025 DAILYLAW 42644 (RAJ)

NEHA RATHORE D/O MANOHAR SINGH RATHORE v. THE STATE OF RAJASTHAN

CW/19724/2025 · 2025-12-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:51519] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19724/2025 Neha Rathore D/o Manohar Singh Rathore, Aged About 27 Years, R/o A-17, Indrapuri Colony, Satya Nagar, Jhotwara, Jaipur, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, School Education Department, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “i. By an appropriate writ, order and direction in the nature thereof thereby, Respondents may kindly be directed to call the petitioner in the counseling and thereby allot preferred Ajmer City/Urban District to the petitioner with regard to posting in the MGGS School. ii. By an appropriate writ, order and direction in the nature thereof thereby, the action of Respondents be declared illegal by which they are not giving posting to the petitioner on the post of Teacher Gr. III Level 1 in the MGGS School at the preferred district. iii. By an appropriate writ, order and direction in the nature thereof thereby, the respondents be directed [2025:RJ-JP:51519] (2 of 3) [CW-19724/2025] to relieve the petitioner from the present place of posting and thereby issue posting order for MGGS School as per the preferred district on the post of Teacher Gr. III Level 1 iv. By issuance of an appropriate writ, order or direction; Condition No. 4 of the Impugned Advertisement dated 11.07.2024 may kindly be quashed and set aside.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 08.09.2025 in S.B. Civil Writ Petition No.12979/2024 titled as Poonam Nehra and Anr. Vs. State of Rajasthan and Anr. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court on the basis of ratio laid down in case of Vikram Singh and Anr. Vs. State of Rajasthan (Sb CWP No.16275/2023) He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed in light of Poonam Nehra and Anr. Vs. State of Rajasthan and Anr. (supra) and Vikram Singh and Anr. Vs. State of Rajasthan (supra) passed by this Court. 4. Considered the grievance raised herein, the petitioner is given a 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 consider and decide the representation in light of ratio laid [2025:RJ-JP:51519] (3 of 3) [CW-19724/2025] down in case of Poonam Nehra and Anr. Vs. State of Rajasthan and Anr. (supra) and Vikram Singh and Anr. Vs. State of Rajasthan (supra), but in case of deviation 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. 5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /453