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2025 DAILYLAW 44912 (RAJ)

BASEER MOHAMMAD S/O ASHRAF KHAN v. STATE OF RAJASTHAN

CW/17838/2025 · 2025-11-20

Ashok Kumar Jain

Special Leave Petitionbody2025

Judgment text

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[2025:RJ-JP:46956] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17838/2025 1. Baseer Mohammad S/o Ashraf Khan, Aged About 56 Years, R/o Village Chaniya Khurd, Pahari, District Deeg. 2. Premchand Saini S/o Kishan Lal Saini, Aged About 52 Years, R/o Village Indroli, Kaman, District Deeg ----Petitioners Versus 1. State Of Rajasthan, Through The Principal Secretary, Education, Government Of Rajasthan, Jaipur (Raj.) 2. The Commissionar Rajasthan Counsil For Elementary Education (Dpet/serva Shiksha Abhiyan), Radhakrishnan Shiksha Shankul, 5Th Block, 2Nd And 3Rd Floor, Opposite O.t.s. Puliya, Jawahar Lal Nehru Marg, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Surjeet Singh Ms. Priyanka Paliwal For Respondent(s) : Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/11/2025 1. Instant writ petition is preferred by petitioner with following prayer: “The respondents may kindly be directed to adjust under any scheme as helper or Class-IV status by treating them as qualified Instructor.” 2. Issue notice to respondents. 3. Mr. Gopal Krishan Sharma, AGC accepts notice on behalf of respondents. [2025:RJ-JP:46956] (2 of 3) [CW-17838/2025] 4. Office is directed to reflect name of Mr. Gopal Krishan Sharma, AGC as counsel for respondents. 5. Learned counsel for petitioner while placing reliance upon judgment dated 23.01.2018 in DB Special Appeal Writ No. 525/2007 titled as Rajasthan Counsil for Elementary Education Vs. Veerbhadra Singh Sisodiya and Ors. which was upheld by Hon’ble Supreme Court after dismissal of SLP (Civil) No.1402-1411/2019 on 18.03.2025 submits that despite the representation submitted to the respondents, same has not been considered and decided by the respondents. 6. Learned counsel for respondents undertake that with copy of previous representation, the petitioners be directed to submit a fresh representation and same shall be considered by the respondents. 7. Considered the grievance raised herein, the petitioners are 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 decide the representation in light of ratio laid down in case referred hereinabove, but in case of deviation with above ratio 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 decision to the petitioners either by way of speed post or through E-mail, if petitioners have provided E- mail in their representation. If the petitioners are still [2025:RJ-JP:46956] (3 of 3) [CW-17838/2025] aggrieved, they have a liberty to approach this Court with fresh petition. 8. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /25