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2025 DAILYLAW 46597 (RAJ)

SONIKA SHARMA W/O SHRI MANISH SHARMA v. THE STATE OF RAJASTHAN

CW/19952/2025 · 2025-12-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:51252] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19952/2025 Sonika Sharma W/o Shri Manish Sharma, Aged About 48 Years, Resident Of Near Triveni Puliya, Gopalpura Byepass, Jaipur. Presently Posted As Vice-Principal, Government Senior Secondary School, Gandhi Chowk, Amer, Jaipur. Id - Rjjp200718012889 ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, School Education Department, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Taruna Arora, Vice Principal, Government Senior Secondary School, Andhi, District Jaipur. ----Respondents S.B. Civil Writ Petition No. 19961/2025 Anju Kumari W/o Shri Pradeep Kumar, Aged About 47 Years, Resident Of 261/17, Pratap Nagar, Sector-26, Sanganer, Jaipur, Presently Posted As Vice-Principal, Govt. Sr. Secondary School, Kalwara, Jaipur. Id - Rjjp200518030945. ----Petitioner 1. The State Of Rajasthan, Through Secretary, School Education Department, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Taruna Arora, Vice Principal, Government Senior Secondary School, Andhi, District Jaipur. ----Respondents S.B. Civil Writ Petition No. 19962/2025 Hemlata Maanktala W/o Shri Indrapal Dua, Aged About 48 Years, Resident Of C-29, Ambedkar Nagar, Alwar, Presently Posted As Vice-Principal, Mahatma Gandhi Govt. School, Ramgargh, Alwar. Id - Rjal200502018797. ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, School Education Department, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Taruna Arora, Vice Principal, Government Senior Secondary School, Andhi, District Jaipur. ----Respondents [2025:RJ-JP:51252] (2 of 5) [CW-19952/2025] S.B. Civil Writ Petition No. 19963/2025 Alka Gupta W/o Shri Vishnu Kumar Gupta, Aged About 45 Years, Resident Of Plot No. 37, F-102, Vinayak Residency, Krishna Colony, New Kheda, Jaipur, Presently Posted As Vice- Principal, Govt. Sr. Secondary School, Vidyadhar Nagar Old, Jaipur. Id - Rjjp200718012889. ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, School Education Department, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Taruna Arora, Vice Principal, Government Senior Secondary School, Andhi, District Jaipur. ----Respondents S.B. Civil Writ Petition No. 19964/2025 Vinita Mishra W/o Shri Neeraj Pareek, Aged About 47 Years, Resident Of 5, Ranjeet Nagar, Khatipura, Jaipur, Presently Posted As Vice-Principal, Pm Shree Indira Mayaram Govt. Girls Sr. Secondary School, Bagru, Jaipur. Id - Rjjp200618005733. ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, School Education Department, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Taruna Arora, Vice Principal, Government Senior Secondary School, Andhi, District Jaipur. ---- Respondents For Petitioner(s) : Mr. Banwari Lal Sharma Mr. Namo Narayan Sharma Mr. Rahul Vishnoi For Respondent(s) : Ms. Pooja Sharma and Mr. Vishal Kumar for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/12/2025 1. All these matters raises common question of law, hence, they are tagged together and decided by a common order. [2025:RJ-JP:51252] (3 of 5) [CW-19952/2025] 2. For ready reference, we are reproducing the prayer of S.B. Civil Writ Petition No. 19952/2025 and same is reproduced as under: “It is, therefore, most humbly and respectfully prayed that your lordships may very graciously be pleased to allow this writ petition and be further pleased to issue an appropriate writ, order or direction in the nature thereof:- (i) declaring the impugned order dated 4.12.2025 (Annx.7.) passed by the learned Tribunal to the extent of not fixing any time limit for holding the review DPC and further non- issuance of any directions for allowing the petitioner to participate in the online counselling prior to her juniors who have been promoted against the vacancies of the year 2023-24 as illegal and the same may be suitable modified by this Hon'ble Court; (ii) directing the respondents to convene the review DPC within a period of four weeks for reviewing the promotions made on the post of Vice Principal vide order dated 27.9.2025 and further to allow the petitioner to participate in the counselling prior to her juniors promoted on the post of Vice Principal against the vacancies of the year 2023-24; (iii) any other order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case in favour of humble petitioner including award of cost of this writ petition.” 3. Issue notice to respondent(s). 4. Ms. Pooja Sharma, AAAG and Mr. Vishal Kumar on behalf of Mr. Manoj Sharma, AAG accepts notice for respondent(s). 5. Office is directed to reflect name of Mr. Manoj Sharma, AAG in the cause list as counsel for respondent(s). 6. Learned counsel for petitioners while placing reliance upon order dated 25.05.2018 in S.B. Civil Writ Petition No. 11160/2018 Mohammad Yusuf Ali Vs. State of Rajasthan & [2025:RJ-JP:51252] (4 of 5) [CW-19952/2025] Ors. submits that the issue raised in these writ petitions was considered by a Co-ordinate Bench of this Court in S.B. Civil Writ Petition No. 11302/2018 Kailash Chand Meena & Anr. Vs. State of Rajasthan & Ors., and these writ petitions be decided in accordance with ratio as laid down in said case. He further submitted that these petitioners have earlier approached Rajasthan Civil Services Appellate Tribunal and by order dated 04.12.2025 the appeals of these petitioners were partially allowed and the respondents were directed to organize review DPC against the vacant post for the year 2023-24. 7. Aforesaid contentions were opposed by learned counsel appearing on behalf of respondent nos. 1 and 2 but they candidly admit that if the ratio is applicable, then they will consider the case of present petitioners and these writ petitions be disposed of accordingly. 8. Considering submissions of learned counsel for parties and on perusing the material placed on record, it is apparent on record that these petitioners have earlier approached Rajasthan Civil Services Appellate Tribunal, wherein after considering the case of present petitioners on 04.12.2025, a direction is issued to convene a review DPC for vacant posts for the year 2023-24 and consider the case of present petitioners and give them consequential benefits. 9. An identical issue was considered by this Court in case of Kamal Kishore Kuldeep Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.16601/2016 decided on 01.12.2016) and further referred and relied in case of Kailash Chand Meena Vs. State of Rajasthan & Ors. (supra). A Co-ordinate Bench of [2025:RJ-JP:51252] (5 of 5) [CW-19952/2025] this Court has referred the ratio in case of Kailash Chand Meena and Anr. Vs. State of Rajasthan (supra) in case of Mohammad Yusuf Ali Vs. State of Rajasthan & Ors. (supra). 10. Considering the order dated 04.12.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur, Rajasthan and further fortification with ratio in case of Kamal Kishore Kuldeep (supra), Kailash Chand Meena (supra) and Mohammad Yusuf Ali (supra), these writ petitions are disposed of with direction to the respondents to convene review DPC within a period of eight weeks from date of receipt of copy of the order for vacant posts for the year 2023-24 as directed by the Tribunal and place the case of present petitioners before the review DPC. If any recommendation is made in favour of the petitioners by the review DPC, then the respondent nos. 1 and 2 shall extend all consequential benefits to the petitioners. 11. In view of above, these writ petitions along with misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /153-157