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2025 DAILYLAW 45263 (RAJ)

RATTI MOHAMMAD S/O ATAR KHAN v. STATE OF RAJASTHAN

CW/18335/2025 · 2025-11-27

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:49198] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18335/2025 1. Ratti Mohammad S/o Atar Khan, Aged About 47 Years, R/o Village Satpuda, Kaman, District Deeg 2. Maansingh S/o Deep Chand, Aged About 53 Years, R/o Village Somka, Kaman, District Deeg 3. Roopchand S/o Brijlal Gurjar, Aged About 50 Years, R/o Village Mullaka, Post Indroli, Kaman, District Deeg (Raj.) 4. Ramchand S/o Sonpal, Aged About 56 Years, R/o Village Jodhpur, Pahari, District Deeg. 5. Shaheed Khan S/o Nawal Khan, Aged About 48 Years, R/o Village Nagla Kundan, P.s. Kaman, District Deeg. ----Petitioners Versus 1. State Of Rajasthan, Through The Secretary, Primary Education, Government Of Rajasthan, Jaipur (Raj.) 2. The Director (Elementary Education), Bikaner. 3. The Commissionar Rajsthan 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) : Ms. Priyanka Paliwal For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/11/2025 1. Instant writ petition is preferred by petitioners with following prayer: “1. The respondents may kindly be directed to adjust under any scheme as helper or Class-IV status by treating them as qualified Instructor. [2025:RJ-JP:49198] (2 of 3) [CW-18335/2025] 2. Any other order which this Hon’ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners.” 2. Learned counsel for petitioners while referring and relying upon judgment dated 23.01.2018 in D.B. Spl. Appl. Writ No.525/2007 (Rajasthan Counsil for Elementary Education and Anr. Vs. Veerbhadra Singh Sisodiya and Ors.) submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition may be disposed of in light of Rajasthan Counsil for Elementary Education and Anr. Vs. Veerbhadra Singh Sisodiya and Ors. (supra), if ratio is applicable upon facts of the case. 4. 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 consider and decide the representation in light of ratio laid down in case referred hereinabove, 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 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:49198] (3 of 3) [CW-18335/2025] aggrieved, they have a liberty to approach this Court with fresh petition. 5. Needless to say that if ratio in applicable upon facts of the case as claimed by the petitioners, they are entitled for the benefits as extended in said ratio. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/123