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2025 DAILYLAW 49427 (RAJ)

SHIVANI JAIN D/O RIKHAB CHAND JAIN v. THE STATE OF RAJASTHAN

CW/18540/2025 · 2025-12-03

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:49429] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18540/2025 Shivani Jain D/o Rikhab Chand Jain, Aged About 27 Years, R/o Subhash Colony, Malpura, Tonk, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, School Education Department, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/12/2025 1. This writ petition is filed by the petitioner with following prayer:- i. By an appropriate writ, order and direction in the nature thereof thereby, Respondents may kindly be directed to allot District to the Petitioner as per preference i.e. Malpura, Tonk and thereby issue posting order in favour of Petitioner at the nearby place on the post of Teacher Gr.III Level I or on the post of Care Attendant in compliance of marks secured by her as well, as per her merit cum preference. ii. By an appropriate writ, order or direction in the nature thereof thereby, the action of Respondents be declared illegal by which they are not giving posting to the Petitioner on the post of Teacher Gr.III Level I in the MGGS School. [2025:RJ-JP:49429] (2 of 3) [CW-18540/2025] 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 & 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 her to join at the place(s), where [2025:RJ-JP:49429] (3 of 3) [CW-18540/2025] she 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 /78