[2026:RJ-JP:928] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4478/2021 Niranjan Lal S/o Kishori Lal, Aged About 40 Years, R/o Vpo Jatiyana, Tehsil Kotkasim, District Alwar, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Education Secretary, Government Secretariat, Jaipur, Rajasthan. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer. ----Respondents For Petitioner(s) : Mr. Akshit Gupta For Respondent(s) : Mr. M.F. Baig with Mr. Govind Gupta Mr. Devansh Sharma, Dy. GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/01/2026 1. Instant Writ petition is preferred with following prayer:- It is therefore, most respectfully prayed that this Hon’ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to: i. By an appropriate writ, order or direction in the nature thereof, the respondents be directed to give appointment to the petitioner on the post of Sr. Teacher Gr. II Subject Social Science under Ex-Serviceman Category with all consequential benefits. ii. By an appropriate writ, order or direction in the nature thereof, the action of the respondents be declared illegal by which they have not considered the petitioner for appointment on the post of Sr. Teacher Gr. II Subject Social Science even when the petitioner stood in merit and obtained higher marks than cut off marks. iii. Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioner. iv. Cost of the writ petition be also awarded in favour of the Petitioner. [2026:RJ-JP:928] (2 of 3) [CW-4478/2021] 2. Learned counsel for the petitioner submits that he has moved an application No. 01/2024 along with judgment dated 01.07.2020 in S.B. Civil Writ Petition No. 3517/2020, Bhawani Singh and Ors. v. RPSC & Anr., passed by a Coordinate Bench at the Principal Seat, Jodhpur, with the submission that the controversy raised herein has already been settled by the Coordinate Bench and the said judgment has been implemented by the RPSC in letter and spirit. 3. Learned counsel appearing on behalf of the RPSC submits that the facts of the case are required to be verified, however, he has nothing to controvert the claim made by learned counsel for the petitioner. 4. Having considered the submissions of learned counsel for the parties and perused the material placed on record. In case of Bhawani Singh and Ors. Vs. RPSC (supra), a Coordinate Bench at the Principal Seat, Jodhpur has observed as under:- 14. After hearing learned counsel for the parties as well as perusing the record of the case, this Court is of the opinion that there is no dispute regarding the fact that the recruitment in question for the post of Senior Teacher Grade-ll is arising out of the advertisement dated 09.04.2018 and the current law applicable for extending the benefit of ex servicemen reservation is clarified in the aforementioned circular dated 16.08.2018. 15. Learned counsel for the State also agrees that as per Clause-4 of the aforesaid circular, those ex-serviceman, who have simultaneously applied for number of posts and have joined on a particular post, giving details while making a declaration regarding the previously applied post shall be entitled for the ex-servicemen reservation in respect of the previously applied post. 16. Learned counsel for the petitioners is also in agreement that the petitioners shall be entitled for benefit of ex-servicemen reservation only if they fall within the ambit of Clause-4 of the circular dated 16.08.2016 and to make it clear that only if they had disclosed the details of earlier applications prior to the first appointment in initial declaration. [2026:RJ-JP:928] (3 of 3) [CW-4478/2021] 17. In light of the aforesaid submissions regarding acceptability of the application of clause-4 of the aforesaid circular dated 16.08.2016, there remains no point of difference between the parties. The writ petitions thus, are allowed with a direction to the respondents to strictly adhere to the aforementioned circular dated 16.08.2016 and particularly clause-4 thereof, which is further fortified by the later clarifications issued by the State Government on 29.05.2020. However the respondents shall be free to verify whether the petitioners had made a declaration in their previous appointment regarding the application being pending for the recruitment for Teacher Grade-II notified on 09.04.2018. Thus, the candidates, who had secured a Government Job within the ex-servicemen reservation quota and had given a declaration that before seeking appointment, they had already filled the application form for the post of Teacher Grade-Il in pursuance of the advertisement dated 09.04.2018 shall be entitled for the benefits of ex- servicemen reservation. The RPSC shall accordingly immediately proceed to make all necessary appointment. All previous orders shall merge into this order. All the pending applications stand disposed of. 5. Considering aforesaid, the writ petition is disposed of in terms of order dated 01.07.2020 in case of Bhawani Singh and Ors. v. RPSC & Anr. (supra), subject to applicable upon facts of the case. The respondents are free to examine veracity of the facts as mentioned in the petition. 6. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MONU /45