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2025 DAILYLAW 46922 (RAJ)

SANJEEV SHARMA S/O RAMESHAVAR DAYAL SHARMA v. THE STATE OF RAJASTHAN

CW/19546/2023 · 2025-10-30

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:43541] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19546/2023 Sanjeev Sharma S/o Rameshavar Dayal Sharma, Aged About 26 Years, R/o Laudpura, Gram Panchayat Jheel, Panchayat Samiti Baseri, District Dholpur, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Department Of Education, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Joint Director, School Education, Bharatpur Division, Bharatpur. 4. The District Education Officer, Secondary Education, Headquarter, Dholpur. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 30/10/2025 1. This writ petition is filed by the petitioner with following prayer:- i. Respondents may kindly be directed to to give posting to the petitioner against the post of Sr. Teacher (Hindi) in District Dholpur as the post of Sr. Teacher Hindi are lying vacant in District Dholpur in the Mahatma Gandhi Govt. Schools. ii. Impugned action of the respondents may kindly be declared illegal by which they are not giving posting to the petitioner on the post of Sr. Teacher Subject Hindi for District Dholpur (Mahatma Gandhi English Medium Schools). [2025:RJ-JP:43541] (2 of 3) [CW-19546/2023] 2. Learned counsel for petitioner while referring judgment dated 20.10.2023 in case of Vikram Singh and Anr. Vs. State of Rajasthan & Ors.: S.B. Civil Writ No.16275/2023 and connected matters submitted that clause in the order of appointment restricting the reliving of the petitioner(s) was quashed and set aside. He further submits that the judgment is approved by Hon’ble Division Bench on 05.03.2024 in D.B. Special Appeal Writ No.53/2024. He further submits that the writ petition be disposed of in accordance with judgment in case of Vikram Singh & Anr. Vs. State of Rajasthan (supra). 3. Mr. Manoj Sharma, AAG accepts notice on behalf of respondents and office is directed to reflect the name of Mr. Manoj Sharma, AAG as counsel for respondents. 4. Mr. Manoj Sharma, AAG submits that the judgment in case of Vikram Singh & Anr. Vs. State of Rajasthan (supra) has attained finality and same has been implemented by the respondents. He submits that if the judgment is applicable on facts and circumstances of the case then the writ be disposed accordingly. 5. Having considered submission of learned counsel for the parties and also considering the material as placed on record, the writ petition preferred by petitioner is disposed of in terms of order dated 20.10.2023 in S.B. Civil Writ Petition No.16275/2023 Vikram Singh & Anr. Vs. State of Rajasthan & Ors. The clause in appointment order placing a restriction to relieve the petitioner is hereby quashed and set aside. 6. The respondents are directed to relieve the petitioner from his present position and permit him to join at the place(s), where [2025:RJ-JP:43541] (3 of 3) [CW-19546/2023] he has been provided appointment by orders as mentioned in petition. 7. The instant writ petition and misc. application(s), if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /225