SURENDRA KUMAR JHADOLIA SON OF SH. KAILASH PRASAD v. SH. JOGA RAM
CCP/90/2026 · 2026-04-07
Ravi Chirania
Transfer Petitionbody2026
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[ 2026 DAILYLAW 2688 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 2688 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:14481] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Contempt Petition No. 90/2026
1. Surendra Kumar Jhadolia Son of Sh. Kailash Prasad, Aged About 55 Years, Resident of Village Napa-Ka-Bass, Tehsil Lalsot, District Dausa, Rajasthan.
2. Hari Prasad Sharma Son of Sh. Mohan Lal Sharma, aged About 55 Years, Resident of Village Bada, Post Kalyanpura, Tehsil Lalsot, Distt. Dausa, Rajasthan.
3. Sh. Babulal Sharma Son of Sh. Ramkishore Sharma, aged About 57 Years, Resident of Village And Post Suratpura, Tehsil Lalsot, District Dausa, Rajasthan. ----Petitioners Versus
1. Sh. Joga Ram, Secretary, Department of Panchayti Raj. And Primary Education, Govt. of Rajasthan, Now Known As Secretary and Commissioner, Panchayti Raj., Govt. Of Rajasthan, Now Known as Secretary And Commissioner, Panchayti Raj., Govt. of Rajasthan Secretariat, Jaipur
2. Sh. Ashish Modi, Director, (Primary And Secondary Education, Department) Now Known as Director, Secondary Education, Govt. of Rajasthan, Bikaner.
3. Sh. Devendra Kumar Collector, and District Magistrate, Dausa, Rajasthan.
4. Sh. Vijay Kumar Saxena, Dy. Director (Jaipur Range), Deptt. of Education, Gandhi Nagar, Jaipur District.
5. Sh. Ashok Sharma, District Education Officer, Primary Education, Now Known as District Education Officer, Secondary Education, Agra Road, Dausa.
6. State of Rajasthan, Through The Secretary, Department of Education, Govt. Secretariat, Statue Circle Jaipur. ----Respondents For Petitioner(s) : Mr. Sandeep Bhagwati For Respondent(s) :
HON'BLE MR. JUSTICE RAVI CHIRANIA
Order
[2026:RJ-JP:14481] (2 of 5) [CCP-90/2026] 07/04/2026
1. The present contempt petition has been filed by the petitioner alleging non-compliance of the order dated 13.07.2012 passed in SBCWP No.9208/2002 (Ramesh Chand Pareek and Ors. Vs. State of Rajasthan & Ors.).
2.
Learned counsel for the petitioner submits that the Co- ordinate Bench of this Court, while considering the compliance report and after hearing learned counsel for the parties, found that the compliance has been made as directed by the Court. 3. This court considered the order dated 17.02.2026 passed in the case of Ramesh Chand Pareek (supra), in which the co- ordinate Bench has passed the following order:-
"6. While disposing of the writ petition, this Court passed the following directions:-
"In view of the facts narrated above, it is a case where it is none other but official respondents who promote an instrument to continue illegal and irregular appointment despite reports indicating the use of forged documents to get bonus marks, thereby leaving meritorious candidates like the petitioners. This Commissioner Court direction was issued to the Principal Department concerned, Secretary, with the hope that proper action would be taken in the matter, so that those who could get an appointment based on their own merit, without indulging in fraudulent acts, may continue, leaving those who had taken appointments based on forged documents. There is a failure of the administration to act, as they remain on the matter and continue to appoint candidates based on forged documents. [2026:RJ-JP:14481] (3 of 5) [CCP-90/2026] The Court, however, cannot shut its eyes to the aforesaid. administration is and not more taking SO when action effectively, rather their action is not but half-hearted, to give effect to the orders only superficial therefore, passed by needs to be this Court earlier, referred matter of the Superintendent of Police, Dausa with a direction to make complete investigation in the recruitment of the year 1995 to the post of Grade III in PTI District and submit its report to this Court so Dausa investigation that truth may come as to who is the beneficiary of the appointment based on forged documents and with lower merit leaving those who could get appointment genuinely. The Superintendent of Police, Dausa, may register a separate case in the matter with the concerned Police Station so that further action may be taken against those candidates and members of the Selection Committee who were instrumental in making illegal and fraudulent appointments. At this stage, the investigation report should be placed before this Court within two months.
The direction given above is for the ends of justice and to get the truth of the appointment of the year 1995 to the post of PTI Grade-III. This is in the facts and circumstances that there is a failure on the part of the administration to take proper action in the matter, that too, when directions were given even to the higher authorities, i.e., the Principal Secretary to the Department, to the Commissioner. This Court would then take a view as to what action should be taken against those officers who failed to act promptly in the matter and to comply with the directions issued by this Court
[2026:RJ-JP:14481] (4 of 5) [CCP-90/2026] from time to time. The Court's efforts are only to ensure fairness in the administration's actions. On getting the report, if it is found that certain candidates have been given forged documents, appointment-based, then as per the judgment of the Hon'ble Court in the Manipur and others Versus Y. Token Singh, Apex no case of State of and others reported in (2007) 5 SCC 65, notice is required to be given to them. Rather, action for termination of the administration of my services as the principal of natural justice must be followed for those who have taken appointment by legal means. If a candidate is found to have clearly engaged in a fraudulent act to secure an appointment, and the appointment is subsequently terminated, the resulting vacancy should be filled by candidates who stand in merit. Direction aforesaid has been given while disposing of the present writ petitions in the peculiar facts and circumstances of the case and for the ends of justice. The writ petitions have been disposed of but are listed before this Court after three months, pending the investigation report by the Superintendent of Police, Dausa. The registry is
directed to send a copy of this order to the Superintendent of Police, Dausa, for compliance. This disposes of stay applications also." The State Government has complied with the directions and, pursuant to that, initiated a departmental inquiry against the alleged persons accused of using forged documents in the selection process. The State Government has also terminated the services of persons who allegedly used forged documents; however, a subsequent
[2026:RJ-JP:14481] (5 of 5) [CCP-90/2026] challenge to the termination order resulted in it being set aside, and the matter went up to the Hon'ble Apex Court in the matter of Anil Kumar.
7. The termination orders against the other alleged persons have been set aside and have attained finality. This Court cannot again initiate the departmental inquiry or direct the police to investigate the matter. Furthermore, the petitioners in the present case failed to qualify and did not fall in the category of successful candidates. This court cannot allow the petitioners to continue the writ petition in the light of the aforesaid facts. Hence, the writ petition is finally directed to be consigned to the record, considering that nothing is required to be complied with the directions dated 13.7.2012."
4. In view of the aforesaid order, compliance has been made and no case is made out for interference in the present contempt petition.
5. Accordingly, the contempt petition is disposed of.
6. Notices are discharged.
(RAVI CHIRANIA),J Monika/103