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2025 DAILYLAW 47872 (RAJ)

SANNY SAINI D/O MAHADEV PRASAD SAINI W/O MUKESH KUMAR SAINI v. THE STATE OF RAJASTHAN

CW/18446/2023 · 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. 18446/2023 1. Sanny Saini D/o Mahadev Prasad Saini W/o Mukesh Kumar Saini, Aged About 41 Years, R/o - Kaji Vala Bagh Ward No.- 02, Tijara, Teh-Tijara, District- Khairthal-Tijara Pin-301411 (Raj.). 2. Divya Prajapati D/o -Shri Jagmal Singh, W/o-Ajay Singh, Aged About 26 Years, Address -Barrod Teh Behror District Kotputli Behror Pin- 301020 (Raj.). 3. Jyoti Yadav D/o Rajaram Yadav, Aged About 25 Years, Vpo- Karnikot, Tehsil-Mundawar District- Khairthal Tizara, Alwar-301427 (Raj.) 4. Priyanka Yadav W/o- Devendra Kumar Yadav, Fathers Name- Vijender Kumar, Aged About 25 Years, R/o Village And Post Gaduwas, Teh.- Mundawar, Dist.- Khairtal Tijara, Pincode- 301401 (Raj.). 5. Annu Choudhary D/o Attar Singh, Aged About 25 Years, R/o - Village And Post Rajwara, Tehsil- Mundawar, Distt. Khairthal Tijara, Alwar - 301427 (Raj.). ----Petitioners Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Secondary Education, Govt. Secretariat, Rajasthan Govt. Jaipur. 2. The Director, Department Of Secondary Education, Directorate, Bikaner (Raj.). 3. The District Education Officer (Headquarters), Secondary Education, Kothputli-Behror. 4. The District Education Officer (Headquarters), Alwar. ----Respondents For Petitioner(s) : Mr. Akshit Gupta For Respondent(s) : Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order [2025:RJ-JP:43541] (2 of 3) [CW-18446/2023] 30/10/2025 1. This writ petition is filed by the petitioners with following prayer:- i) The impugned actions of the respondents to prepare the merit list based upon choice no. 01 of the district or by giving preference to the local candidate and the impugned posting order dated 04.10.2023 and 05.10.2023 (Annexure 10) (Colly.), may kindly be declared arbitrary and illegal and same may kindly quashed and set aside.; ii) The respondents may kindly be directed by issuing appropriate, writ, order or direction in the nature thereof: a) To declare revised list, whereby, preparing the revised list on the basis of merit cum preference, considering all the preference/options which the petitioners have opted in their registration form in pursuance to the advertisement dated 17.06.2023; b) To grant preference in appointment to local candidates only when the merit is at par with other candidates or in other words respondents be directed not to make selection of less meritorious candidates on the basis of preference for being working in the same district. c) to give appointment to the petitioners with all consequential benefits; 2. Learned counsel for petitioners 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 [2025:RJ-JP:43541] (3 of 3) [CW-18446/2023] 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 petitioners 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 petitioners is hereby quashed and set aside. 6. The respondents are directed to relieve the petitioners from their present position and permit them to join at the place(s), where they have 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 /207