RAVI KUMAR TIWARI S/O SHRI BANWARI LAL SHARMA v. STATE OF RAJASTHAN
CW/3352/2025 · 2025-07-02
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9288 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9288 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:24189] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3352/2025 Ravi Kumar Tiwari S/o Shri Banwari Lal Sharma, Aged About 34 Years, R/o Plot No. 89, Bharat Vihar, Agra Road, Jamdoli, Jaipur-
302031. Current Address Plot No.67, Sms Colony, B- Block, Shipra Path, Mansarovar, Jaipur-302020 ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Secondary Education, Government Of Rajasthan, Secretariat, Jaipur. 2. Director, Secondary Education, Bikaner, Rajasthan. 3. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Rajasthan Through Secretary, Durgapura, Jaipur. ----Respondents For Petitioner(s) : Mr. Ram Ratan Gurjar For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 02/07/2025
1. By means of filing instant writ petition under Article 226 of the Constitution of India, a challenge has been made by the petitioner to the order dated 04.02.2020 (Ann-5) passed by the Rajasthan Subordinate and Ministerial Service Selection Board, Jaipur, (hereinafter referred to as “the Selection Board”), cancelling the candidature of petitioner in the Recruitment Examination-2018 for the post of Lab Assistant and simultaneously restraining the petitioner not to appear in any of
[2025:RJ-JP:24189] (2 of 3) [CW-3352/2025] the competitive examination conducted by the Selection Board for life. 2. The order impugned has been passed on account of fact finding of the Enquiry Report that petitioner having collusion with the Officiating Members, committed interpolation/ material alteration in the original OMR Sheet and changed his marks. Before passing the order, an opportunity of hearing was extended to petitioner. Petitioner had submitted his reply before the Board. Thereafter, order impugned has been passed. 3. Undisputedly, prior to institution of the present writ petition, petitioner had filed a writ petition being SBCPW No.4751/2020, assailing the same order dated 04.02.2020 (Ann-5), which has been impugned herein. Petitioner has withdrawn his previous writ petition vide order dated 17.08.2022. 4. A perusal of the order dated 17.08.2022, reveals that no opportunity was granted to petitioner to file a second writ petition on the basis of same cause of action, accrued to petitioner on passing of the order impugned dated 04.02.2020. 5. It is settled principle of law that in respect of one cause of action, successive writ petition is not maintainable. The present writ petition being a successive writ petition to the previous writ petition, passed on the similar cause of action, is not maintainable.
Otherwise also on merits as well, having the fact findings of Enquiry Committee against the petitioner in respect of making interpolation in the original OMR Sheet, no case is made out for interference in the impugned order. [2025:RJ-JP:24189] (3 of 3) [CW-3352/2025]
6. However, in the interest of justice, petitioner is granted liberty to submit a representation before the Selection Board, seeking to reduce the penalty instead of debarring him for life to appear in the future examination conducted by the Board. 7. With aforesaid liberty, instant writ petition is hereby dismissed. 8. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /28