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2025 DAILYLAW 46856 (RAJ)

JAIRAM ADOPTED SON OF LATE SHRI SUMER SINGH v. STATE OF RAJASTHAN

CW/17683/2024 · 2025-12-04

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:49480] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17683/2024 Jairam Adopted Son Of Late Shri Sumer Singh, Aged About 29 Years, R/o Bakoti Post Bilwa, Tehsil Khetri, District Jhunjhunu (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education, Rajasthan Govt. Secretariat, Jaipur. 2. Dy. Secretary, Department Of Personnel(Group-2), Rajasthan, Jaipur. 3. The Director, Elementary Education, Rajasthan, Bikaner. 4. The District Education Officer (H.q), Elementary Education, Jhunjhunu. ----Respondents For Petitioner(s) : Mr. R.S. Bharadwaj 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: “(i) by appropriate the writ order OF directions dated impugned letter/ order 21.10.2022 issued by the respondents may kindly be quashed and set aside. (ii) by appropriate writ order or direction; direct the respondent to give appointment to the petitioner on compassionate ground in place of his father late Shri Sumer Singh by considering his adoption deed as valid with all consequential benefits” 2. Learned counsel for petitioner while referring and relying upon judgment dated 16.05.2012 in S.B. Civil Writ Petition No.6066/2007 titled as Pankaj Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur. He further [2025:RJ-JP:49480] (2 of 2) [CW-17683/2024] 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 Pankaj Vs. State of Rajasthan and Ors. (supra). 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 down in case of Pankaj 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 order 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 PREETI VALECHA /276