RITESH KUMAR FALWARIA S/O SHRI RAJENDRA PRASAD FALWARIA v. STATE OF RAJASTHAN
CW/2833/2025 · 2025-11-27
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47274 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47274 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:48347] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2833/2025 Ritesh Kumar Falwaria S/o Shri Rajendra Prasad Falwaria, Aged About 25 Years, Resident Of Sant Ravidas Ashram Ke Pass, Raigar Basti, Sujangarh ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Finance Department, Government Secretariat, Jaipur
2. The Principal Secretary, Department Of Personnel, Government Of Rajasthan, Govt. Secretariat, Jaipur
3. The Director, Treasury And Accounts, Vitt Bhawan, Janpath, Jaipur- Rajasthan
4. The Revenue Board, Through Its Registrar, Gokhale Lane, Opp. Collectorate Office Basant Vihar, Todarmal Marg, Civil Lines, Ajmer, Rajasthan 305001
5. Rajasthan Staff Selection Board, Jaipur Through Its Secretary, Rajasthan Agriculture Management Institute Premises, Durgapura, Jaipur-302018 ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Ms. Mahi Yadav, AAG Mr. Sandeep Kumar Maheshwari Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 27/11/2025
1. Instant writ petition is preferred with following prayer:
“It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:-
1. The respondents may be directed to consider the candidature of the humble petitioner under Ministerial Employee Category and the same may be ordered not to be denied for the reason that the
[2025:RJ-JP:48347] (2 of 3) [CW-2833/2025] petitioner is an employee of the Jodhpur Vidyut Vitran Nigam Limited on the post of Commercial Assistant Grade-II and the same may be ordered to be treated as under the Ministerial Employee Category and all such benefits may be extended to the humble petitioner and in view of his marks being more than the cutoff marks of his category he may be considered for selection and final appointment on the post of Junior Accountant / Tehsil Revenue Accountant pursuant to the advertisement dated 20.06.2023 (Annexure-1) as per his merit with all consequential benefits, in the interest of justice.
2. Any other appropriate order or direction as deemed fit may be passed in favour of the humble petitioner in the interest of justice.”
2.
Learned counsel for petitioner while placing reliance upon
order dated 18.12.2017 in SB CWP No.7239/2017 titled as Surendra Kumar Vyas and Ors. Vs. State of Rajasthan and Ors. submits that the controversy and issue raised herein is already settled by a Co-ordinate Bench of this Court at Principal Seat, Jodhpur. He further referred
order dated 11.09.2025 in SB CWP No.339/2025 titled as Vimal Gupta and Ors. Vs. The Rajasthan Staff Selection Board and Ors. passed by a Co-ordinate Bench of this Court and submits that the writ petition filed by petitioner be allowed in terms of order dated 11.09.2025, which was considered in SBCWP No. 15915/2025 Manisha Gupta Vs. State of Rajasthan & Ors.
3. Ms. Mahi Yadav, AAG accepts notice on behalf of respondents Nos. 1, 3, 4 and submits that the department will examine whether in facts and circumstances of the case, the ratio
[2025:RJ-JP:48347] (3 of 3) [CW-2833/2025] referred hereinabove is applicable or not and if applicable, they will extend benefit as per ratio laid down by this Hon’ble Court in aforementioned cases. Mr. Sandeep Maheshwari accepts notice for respondent No.5 whereas Mr. Archit Bohra, AGC accepts notice for respondent no.2.
4. Having considered the submissions of learned counsel for the parties and also taking note of fact that the counsel for petitioner has placed reliance upon judgments decided by this Court, therefore it is appropriate to decide the writ petition on the basis of submissions of learned counsel for the parties.
5. In view of aforesaid, writ petition is disposed of in terms of
order dated 18.12.2017 in SB CWP No.7239/2017 Surendra Kumar Vyas and Ors. Vs. State of Rajasthan and Ors. and order dated 09.11.2025 in SB CWP No.33/2025 Vimal Gupta and Ors. Vs. RSSB and Ors, and further relied in case of Manisha Gupta Vs. State of Rajasthan (supra) decided on 31.10.2025.
6. Needless to say that this Court has not expressed any opinion on merits of the case but in case, the ratio is applicable on facts and circumstances as mentioned by petitioner then he is entitled for the benefit as per ratio referred hereinabove.
7. Accordingly, writ petition and misc. application, if any, stands
disposed of.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /174