[2025:RJ-JP:24991] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Contempt Petition No. 123/2024 Rakesh Kumar Nepaliya S/o Hajari Lal, Aged About 38 Years, R/o Plot No. 37, Ashok Nagar- II, Agra Road, Dausa. ----Petitioner Versus 1. Shri Naveen Jain, IAS, Secretary, Elementary Education, Secretariat, Rajasthan Jaipur. 2. Shri Sudhir Rajpal, IAS, Secretary Cum Commissioner Rural Development And Panchayati Raj Department, Secretariat, Rajasthan, Jaipur. 3. Shri Ashish Modi, IAS, Director Elementary Education, Rajasthan, Bikaner. 4. Shri Ghanshyam Meena, District Education Officer, Elementary Education, Dausa. 5. Shri Shivcharna Meena, Chief Executive Officer, Zila Parishad Dausa. 6. State of Rajasthan, Through Secretary, Elementary Education, Secretariat, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Brahma Prakash, Advocate For Respondent(s) : Mr. Ashutosh Udawat, Advocate with Mr. Anshul Ranga, Advocate Mr. Prateek Saxena, Advocate & Ms. Anjali Ranga, Advocate for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 07/07/2025 : Petitioner has filed this contempt petition under Section 12 of the Contempt of Court Act, 1971 r/w Article 215 of the Constitution of India alleging therein that the order dated 04.04.2023 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.1358/2017 titled as Rakesh Kumar Nepalia Vs. State of Rajasthan & Others, has not been complied with. [2025:RJ-JP:24991] (2 of 3) [CCP-123/2024] The petitioner had filed the aforesaid writ petition with the prayer for selection & appointment on the post of Teacher Grade-III (Level-II) in English subject under the S.C. Category against the Direct Recruitment Competitive Examination, 2012 by cancelling the selection & appointment of the less meritorious candidate, who have wrongly been appointed in place of the petitioner. The Co-ordinate Bench of this Court vide its order dt.04.04.2023, while disposing of the aforesaid writ petition, directed the respondents to consider the case of the petitioner in the light of the directions issued in the case of Mukesh Kumar Tailor Vs. State of Rajasthan & Others, SB CWP No.750/2017, subject to availability of vacant post. Learned counsel appearing for the petitioner contends that inspite of the directions issued, the order dt.04.04.2023 passed by the Co-ordinate Bench of this Court has not been complied with by the respondents. Learned Additional Advocate General appearing for the respondents contends that considering the representation submitted by the petitioner & in compliance of the order dt. 04.04.2023 passed by the Co-ordinate Bench of this Court, a letter dt. 17.05.2024 was issued whereby the petitioner was informed about his non-appointment on the post of Teacher Grade-III due to non-availability of post in the English subject under the S.C. Category. Counsel further contends that as per aforesaid letter, first of all, the vacancies have to be filled in compliance of the order dt.18.11.2014 passed in the case of Ramdhan Kumawat (supra) and only if some vacancies are left thereafter, the same shall be filled as per the stand taken by the State before this Court & the directions issued vide order dt.09.02.2017. The available vacancy obviously means the vacancies available after the compliance of the [2025:RJ-JP:24991] (3 of 3) [CCP-123/2024] order dt.18.11.2014 passed in the case of Ramdhan Kumawat (supra). Therefore, the respondents have not made any willful or deliberate non- compliance of the aforesaid order/direction of the Hon’ble Court. Heard learned counsel appearing for the parties. Perused the impugned order & the material made available on record. From the aforesaid discussion, it is clear that as per letter dt.17.05.2024 issued by the Zila Parishad, Dausa after adjusting the candidates, who were left out of the seniority to the vacant post, as a result of there being no vacancy in the S.C. Category in the subject English applied for by the petitioner, it is not possible to give appointment to the petitioner on the post of Teacher Grade-II under the said recruitment. Thus, there is no willful or deliberate non-compliance of the order dt.04.04.2023 passed by the Co-ordinate Bench of this Court. I find no merit in this contempt petition and the same stands dismissed accordingly. Notices, if any, stand discharged. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK-sahil