Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 46216 (RAJ)

OPI LAL S/O SHRI BHAGIRATH RAM v. STATE OF RAJASTHAN

CW/18989/2025 · 2025-12-04

Ashok Kumar Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:49466] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18989/2025 Opi Lal S/o Shri Bhagirath Ram, Aged About 33 Years, R/o Pipasar Nagar, Bheemsagar, Samaru, Tehsil Osiam, Jodhpur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Director, Primary Education, Government Of Rajasthan, Bikaner, Rajasthan. 3. Rajasthan Staff Selection Board, Through Its Secretary, Durgapura, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu Jain with Ms. Apoorva Agarwal For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “1. By an appropriate writ, order or direction, Respondents may be directed to consider the candidature of the Petitioner for the post of Teacher Grade-III (Level-II) (Hindi) (Special Education- Mental Retardation), under General (Unreserved) Category, as per the merit obtained by the Petitioner and accordingly he may be considered for appointment on the post in question with all consequential benefits including actual financial benefits. [2025:RJ-JP:49466] (2 of 3) [CW-18989/2025] 2. By an appropriate writ, order or direction, the writ petition may be disposed off in the light of judgment passed by this Hon’ble Court in the case of D.B. SAW No. 13/2024 titled as Deepika Kunwar Chundwat Vs. State of Rajasthan & Ors. and accordingly respondents may be directed to allow migration of Petitioner from OBC (NCL) Category to General (Unreserved) category, for the post of Teacher Grade-III (Level-II) (Hindi) (Special Education- Mental Retardation), under General (Unreserved). 3. Any other order against the respondents, which this Hon’ble Court deems just, reasonable and proper.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 26.05.2025 in D.B. Special Appeal (Writ) No. 31/2024 titled as Deepika Kunwar Chundawat Vs. State of Rajasthan and Ors. and other connected matters submits that the controversy and the issue raised herein is already settled by the 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 petitioner and also material placed on record, the writ petition may be disposed in light of Deepika Kunwar Chundawat Vs. State of Rajasthan and Ors. (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 [2025:RJ-JP:49466] (3 of 3) [CW-18989/2025] consider and decide the representation in light of ratio laid down in case of Deepika Kunwar Chundawat Vs. State of Rajasthan and Ors. (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 decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E- mail in his representation. If the petitioner is still aggrieved, he 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 MR/34