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2026 DAILYLAW 18124 (RAJ)

DEVKI NANDAN AND ANR v. STATE OF RAJ AND ANR

CW/14500/2017 · 2026-01-13

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:1369] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14500/2017 1. Devki Nandan S/o Sh. Shravan Kumar, R/o Plot No. 100, Ashok Pura, New Sanganer Road, Sodala, Jaipur Raj. 2. Ramdev Khatik S/o Sh. Kajod Mal, R/o Gram Post Raholi, Tehsil Niwai, Distt. Tonk Raj. ----Petitioners Versus 1. State Of Rajasthan Through The Chief Secretary, Govt. Of Rajasthan, Govt. Secretariat, Jaipur 2. The Pr. Secretary, Department Of Personnel, Govt. Of Rajasthan, Govt. Secretariat, Jaipur ----Respondents Connected With S.B. Civil Writ Petition No. 21586/2019 Ranglal Meena Son Of Shri Kainhya Lal Meena, Aged About 43 Years, Resident Of Village Shekhawala, Post Nabhawala, Jamuva Ramgarh, District Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through The Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur. 2. Secretary, Department Of Personnel, Government Of Rajasthan, Government Secretariat, Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Saxena with Mr. Bhuvnesh Tiwari For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Sweekriti Sharma, HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/01/2026 1. Mr. Archit Bohra, AGC accepts notice on behalf of respondent Nos. 1 and 2 in S.B. Civil Writ Petition No. 21586/2019. Office is directed to reflect his name as counsel for the respondents. [2026:RJ-JP:1369] (2 of 4) [CW-14500/2017] 2. Service complete. 3. Application No. 1/2026 in S.B. Civil Writ Petition No.14500/2017 stands disposed. 4. Learned counsel for petitioners while referring order dated 28.01.2003 in D.B. Civil Writ Petition No. 9836/2002 :Vinod Kumar and Anr. Vs. State of Rajasthan and Ors. and other connected matters submits that the petitioners were entitled for bonus marks as a weightage as well as relaxation in the eligibility condition on the basis of their long duration of past service rendered in respondent-Department. He further referred the information procured under the RTI Act and submitted that the relaxation in age was granted as per Rules but the relaxation in mandatory condition of number of children was not considered as same was inadvertently slipped at the time of consideration of matter of petitioners. Learned counsels for the petitioners further submits that the respondents be directed to consider their case favourably. 5. Learned counsel appearing on behalf of respondents submits both the writ petitions can be disposed with liberty to the petitioners to submit a representation and the same shall be considered by the respondents in accordance with the State Policy or the relaxation, if considered by the State. 6. S.B. Civil Writ Petition No. 14500/2017 is filed with following prayer: “It is, therefore, prayed that the Hon’ble High Court may kindly call for the entire record including the note sheet enclosed herein supra and directed the official respondents precisely respondent No. 2 to kindly grant relaxation i.e. one time relaxation in favour of the petitioners and thereupon to give them appointment on the post of Class IV employees as has been given to their [2026:RJ-JP:1369] (3 of 4) [CW-14500/2017] counter parts vide order dated 27.01.2017 and further the condition of three children be not considered as impediment for the purpose of appointment on the post of Class IV employees with all consequential benefits. By an appropriate Writ, Order or directions, the official respondents be directed to grant relaxation in favour of both the petitioners for the purpose of giving them appointment on the post of Class IV employees as has been given to their counter parts vide order dated 27.01.2017 and further the condition of three children be not considered as impediment for the purpose of appointment on the post of Class IV employees as has been given to their counter parts vide order dated 27.01.2017 with all consequential benefits. By an appropriate Writ, Order or directions, relaxation as prayed for may kindly be awarded in favour of the petitioners for the purpose of appointments on the post of Class IV employees as has been given to their counter parts vide order dated 27.01.2017 with all consequential benefits. Any other order or direction, which the Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioners. Cost of the writ petition may kindly be awarded to the petitioners.” 7. S.B. Civil Writ Petition No. 21586/2019 is filed with following prayer: “It is therefore, prayed that this writ petition may kindly be allowed and by appropriate writ, order or directions, the order dated 27.01.2017 and 27.03.2017 may kindly be quashed and set aside. That by an appropriate writ, order or directions, the respondents may be directed to issue appointment on the post of Class IV in pursuance of the selection list dated 17.10.2016 from the date the other persons were appointed, and all other consequential benefits be released in favour of the petitioner. Any other relief which this Hon’ble Court may deem fit in favour of the petitioner may also be awarded to the petitioner. That the cost of the writ petition may also kindly be awarded in favour of the petitioner.” 8. Having considered the submission of learned counsel for the parties and also on perusal of the material placed on record [2026:RJ-JP:1369] (4 of 4) [CW-14500/2017] including the judgment as preferred by learned counsel for the petitioner, it is appropriate to dispose of both the writ petitions at this stage by providing a liberty to the petitioners to submit a representation with a direction to respondents to consider the representation of the petitioners in light of the material submitted with the representation. 9. Considered the grievance raised herein, the petitioners are 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 decide the representation in light of ratio laid down in case of Vinod Kumar and Anr. Vs. State of Rajasthan and Ors. (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 petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation. If the petitioners are still aggrieved, they have a liberty to approach this Court with fresh petition. 10. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioners, then same benefits be extended. 11. With the aforesaid directions, the present writ petitions with pending application, if any, stand disposed. (ASHOK KUMAR JAIN),J PUNEET KUMAR /13-14