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2026 DAILYLAW 20926 (RAJ)

URVASHI BAIRWA, DAUGHTER OF SHRI DWARKA PRASAD BAIRWA, WIFE OF DR. TARACHAND BAIRWA v. STATE OF RAJASTHAN

CW/19994/2025 · 2026-01-27

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:3627] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19994/2025 Urvashi Bairwa, Daughter Of Shri Dwarka Prasad Bairwa, Wife Of Dr. Tarachand Bairwa, Aged About 50 Years, Resident Of Plot No. 22, Mahaveer Nagar-Ii, Maharani Farm, Durgapura, Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Education, Government Of Rajasthan, Government Secretariat, Jaipur 2. The Director, Secondary Education, Rajasthan, Bikaner 3. District Education Officer (Headquarter), Secondary Education, Shiksha Sankul, Jln Marg, Jaipur ----Respondents For Petitioner(s) : Mr. Pradeep Kalwania For Respondent(s) : Mr. S.M. Sharma with Mr. Manik for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 27/01/2026 At the outset, learned counsel for the respondents has raised preliminary objection with respect of alternate remedy being available with the petitioner, as of preferring an appeal before the learned RCSAT; and that the petitioner has not availed the same. In support of the said contention attention of this Court is also drawn upon the definition of ‘government servant’, as prescribed under Section 2(c) of Rajasthan Civil Services (Service Matters Appellate Tribunals) Act 1976 and 'service matter' as enshrined Section 2(f). [2026:RJ-JP:3627] (2 of 2) [CW-19994/2025] In view of the foregoing facts and circumstances, and the ratio spelled out in Jahangir Ali Khan vs. State of Rajasthan & Anr. (DBSAW No. 662/2022; decided on 25.05.2022), this Court is of a view that the exercise of writ jurisdiction is fundamentally discretionary in nature. The limitations placed on Court's decision to exercise or refuse to exercise its writ jurisdiction are self-imposed. Therefore, since an alternate and efficacious remedy is available to the petitioner, in the facts and circumstances of the present case, this Court is not inclined to exercise the extra-ordinary jurisdiction. However, the petitioner is granted liberty to approach the Rajasthan Civil Services Appellate Tribunal for redressal of her grievance within a period of seven days from the date of passing of this order; learned Tribunal is directed to consider the same expeditiously. Accordingly, the present petition is dismissed as for availability of alternate remedy. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J JKP/71