Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 17439 (RAJ)

BALRAM TANWAR S/O SH. DAYARAM v. STATE OF RAJASTHAN

CW/4196/2021 · 2026-01-13

Ashok Kumar Jain

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:1355] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4196/2021 Balram Tanwar S/o Sh. Dayaram, Aged About 22 Years, R/o Vpo Tigharia, Tehsil Todabhim, District Karauli, Rajasthan -322254 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Panchayati Raj Department, Government Secretariat Rajasthan, Jaipur 2. Principal Secretary, Elementary Education Department, Government Secretariat, Jaipur 3. Director, Elementary Education, Rajasthan, Bikaner (Raj.) 4. The District Education Officer, Hq Elementary Education, District Bharatpur (Raj.) ----Respondents For Petitioner(s) : Mr. Harsat Khan for Mr. Tanveer Ahamad For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/01/2026 1. Instant writ petition is preferred by petitioner with following prayer: “It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction: The impugned inaction/omission on the part of the respondents in not issuing the petitioner an appointment order in pursuance of the advertisement dated 12.04.2018 in accordance of his merit position may kindly be declared as arbitrary and unjust and [2026:RJ-JP:1355] (2 of 3) [CW-4196/2021] accordingly, the respondents may kindly be directed to consider the candidature of the petitioner for appointment to the post of Teacher Grade-III in pursuance of the advertisement dated 12.04.2018 in view of his merit position, in the interest of justice. That the petitioner may kindly be granted such consequential benefits that he is eligible for on the post of Teacher Grade-III as and when candidates lower in merit than the petitioner came to be appointed on the said post in pursuance of the advertisement dated 12.04.2018, in the interest of justice. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 22.08.2023 in S.B. Civil Writ Petition No. 17693/2019 titled as Imran Khan Vs. State of Rajasthan submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed in light of Imran Khan Vs. State of Rajasthan (supra). 4. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to [2026:RJ-JP:1355] (3 of 3) [CW-4196/2021] decide the representation in light of ratio laid down in case of Imran Khan Vs. State of Rajasthan (supra), but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E- mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition. 5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MONU /21