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2025 DAILYLAW 48306 (RAJ)

MANOJ KUMAR S/O GYANI RAM v. THE STATE OF RAJASTHAN

CW/19522/2023 · 2025-10-30

Ashok Kumar Jain

body2025

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. 19522/2023 Manoj Kumar S/o Gyani Ram, Aged About 28 Years, R/o Village Singhora, Post Basai Nawab, Tehsil Saipau, 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 District Education Officer, Secondary Education, Headquarter, Dholpur. 4. The District Education Officer, Secondary Education, Headquarter, Rajsamand. ----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 give posting to the petitioner on the post of Teacher Gr.III Level I in District Dholpur by considering the marks/preference of petitioner as per the score cards. ii. Impugned order dated 04.10.2023 for District Dholpur may kindly be quashed and set aside by which they have selected lesser marks candidates and excluded the name of petitioner illegally. [2025:RJ-JP:43541] (2 of 3) [CW-19522/2023] iii. Respondents may kindly be directed after giving posting to the petitioner in District Dholpur as per merit cum preference, relived him from earlier place of posting and allow him to join at the new place of posting in District Dholpur. 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 [2025:RJ-JP:43541] (3 of 3) [CW-19522/2023] & 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 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 /224