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2025 DAILYLAW 49219 (RAJ)

MANISHA GUPTA DAUGHTER OF SHRI TARA CHAND GUPTA v. STATE OF RAJASTHAN

CW/15915/2025 · 2025-10-31

Ashok Kumar Jain

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[2025:RJ-JP:43718] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15915/2025 Manisha Gupta Daughter Of Shri Tara Chand Gupta, Aged About 35 Years, Resident Of G-1 B, 157, Shanti Nagar-B, Gurjar Ki Thadi, New Sanganer Road, Shyam Nagar, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Treasurer And Accounts, Government Secretariat, Jaipur (Raj.) 2. Secretary, Rajasthan Service Selection Board, Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Raj.) 3. Director And Paden Secretary Administration, Directorate Of Treasurer And Accounts, Vitt Bhawan, Janpath, Jaipur (Raj.) 4. Joint Director And Incharge (D.V.), Directorate Of Treasurer And Accounts, Vitt Bhawan, Janpath, Jaipur (Raj.) 5. Dy. Director (D.V.), Directorate Of Treasurer And Accounts, Vitt Bhawan, Janpath, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Bajrang Sepat For Respondent(s) : Ms. Mahi Yadav, AAG Mr. Sandeep Maheshwari HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 31/10/2025 1. Instant writ petition is preferred with following prayer: “(i) Issue a writ order or direction in the nature thereof thereby quashed and set aside the order dated 27.02.2025. [2025:RJ-JP:43718] (2 of 3) [CW-15915/2025] (ii) The respondents may kindly be directed to consider the candidature of petitioner in the category of ministrial employee (M.E.) and directed to provided 12.5% reservation to the petitioner for appointment on the post of Junior Accountant under advertisement dated 20.06.2023 in the larger interest of justice. (iii) and direct the respondent to Rule 6(3) of the Rule of 1963 will include itself the employees of Nigam also for the purpose of 12.5% reservation being provided. (iv) include the name of petitioner in final list dated 17.12.2024 and given an appointment to petitioner on the post of Junior accountant and Tehsil Revenue Accountant under advertisement dated 20.06.2023 in the larger 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. 3. Ms. Mahi Yadav, AAG accepts notice on behalf of respondent Nos. 1, 3 to 5 and submits that the department will examine whether in facts and circumstances of the case, the ratio referred hereinabove is applicable or not and if applicable, [2025:RJ-JP:43718] (3 of 3) [CW-15915/2025] 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.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. 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 she 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 PREETI VALECHA /32