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2025 DAILYLAW 48084 (RAJ)

SUBH RAM SAINI S/O MANOHAR LAL v. THE STATE OF RAJASTHAN

CW/18586/2025 · 2025-12-03

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49153] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18586/2025 Subh Ram Saini S/o Manohar Lal, Aged About 40 Years, R/o Monka Ki Dhani, Ward No. 4, Chirawa, District Jhunjhunu, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Education Secretary, Govt. Secretariat, Rajasthan, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. M.F. Baig Mr. Vishal Kumar and Ms. Pooja Sharma, AAAG both for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/12/2025 1. The instant writ petition is filed by the petitioner with following prayer:- “i) By an appropriate writ, order or direction in the nature thereof, the respondents be directed to give appointment to the petitioner on the post of Sr. Teacher Gr. II Subject Mathematics under OBC Ex-Serviceman Category with all consequential benefits as the petitioner secured more marks than the last cut off. ii) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents be directed to considered the educational qualification of the petitioner for appointment on the post of Sr. Teacher Subject Mathematics. [2025:RJ-JP:49153] (2 of 3) [CW-18586/2025] iii) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioner. (iv) Cost of the writ petition be also awarded in favour of the Petitioner.” 2. Considered submissions of learned counsel for the petitioner, issue notice to the respondents. 3. Mr. Vishal Kumar for Mr. Manoj Sharma, AAG accepts notice on behalf of the respondents No.1 and 2 whereas Mr. M.F. Baig accepts notice of behlaf of respondent No.3. 4. Office is directed to reflect name of Mr. Manoj Sharma, AAG and Mr. M.F. Baig in the cause list as counsel for the respondents. 5. Learned counsel for the petitioner submits that the petitioner has been issued an NOC on 01.09.2023 and the respondents may consider said NOC for the purpose of appointment. 6. Learned counsel appearing on behalf of the respondents suggested that the petitioner may submit a representation and same shall be considered in accordance with policy and rules. 7. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation along with copy of NOC to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to decide the representation 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 decision 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. [2025:RJ-JP:49153] (3 of 3) [CW-18586/2025] 8. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/248