[2026:RJ-JP:21328] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9089/2026 Vijay Kant Vyas S/o Gulab Chand Sharma, Aged About 56 Years, R/o Rani Mohalla, Ward No. 16, Vpo Kishangarhbas, District Khairthal-Tijara, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, School Education, Government Secretariat, Jaipur. 2. The Director, Secondary Education, Bikaner. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. Devansh Sharma, Dy.G.C HON'BLE MR. JUSTICE ANAND SHARMA Order 20/05/2026 1. This writ petition has been filed by the petitioner 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 pe- tition and further be pleased to: i) Issue an appropriate writ, order or direction thereby quashing and setting-aside the posting/order dated 12.05.2026 in so far as it relates to the petitioner whereby the petitioner has been posted at Govt. Sr. Sec- ondary School, Sawaipur, Bhilwara; ii) By Issuance of appropriate writ, order or direction, the respondent may kindly be directed to issue fresh promo- tion order after condcuting re-counseling process of va- cant posts of Lecturer-Geography and reallot place nearby place of posting to the petitiner on the vacant post of Lecture-Geography. iii) By issuance of an appropriate writ, order or direction the respondents may kindly be directed to gvie same benefit as given in the case of Poonam Ram vs. The State of Rajasthan & ors.; S.B. Civil Writ Petition No. [2026:RJ-JP:21328] (2 of 4) [CW-9089/2026] 8749/2025 (decided on 28.04.2025) v) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and cir- cumstances of the case in favour of the petitioner. “ 2. At the outset, learned counsel for the petitioner relied upon the judgment of Co-ordinate Bench at Principal Seat, Jodh- pur in a batch of writ petitions led by S.B. CWP No. 8761/2025 (Smt. Verma Lata Vs. State of Rajasthan & Ors.) decided on 26.05.2025, whereby following directions were given: "44. The writ petitions are therefore, disposed of with the following directions: (i) The petitioners shall be at liberty to file an application in writing, exercising their option to forego the promotion, within a period of 15 days from now. (ii) The application shall be filed in writing clearly indicating the option to forego the promotion. The consequences of the said exercise of option, in terms of Rüle 33 of the Rules of 2021, would follow. (iii) The petitioners shall, along with their application, be under an obligation to file a specific undertaking to the ef- fect that they would be governed by Rule 33 of the Rules of 2021 and would not raise any grievance qua the same, in future. (iv) The petitioners shall also be under an obligation to file a specific undertaking to the effect that they will not claim any monetary or other benefit of the promotional post on which they had joined in pursuance to order dated 17.12.2024. (v) The petitioners shall further undertake that any benefit, if any, availed by them because of their joining on the pro- motional post, shall be refunded back by them whenever called upon to do so by the respondents-Authorities. (vi) The decision on the applications as filed by the peti- tioners would be taken by the competent Authority posi- tively within a period of four weeks of filing of the applica- tions. (vii) Till the applications as filed by the petitioners are de- cided, the petitioners shall continue on their present place of posting deeming them to be working on the post of 'Sr. Teacher', as they were working before being promoted. (viii) Those petitioners who have been relieved after the orders of posting been passed, would also be entitled to file an application in writing to forego their promotion and the said applications shall also be decided in terms of the above directions. [2026:RJ-JP:21328] (3 of 4) [CW-9089/2026] The said petitioners shall, till the date their application is decided, be entitled to be reverted back to their original place of posting i.e. on the post which they were working before being promoted. Needless to observe that they would be reverted only if the said seat is vacant as of date. ix) Those petitioners who, after having been provided the place of posting, joined in pursuance to the same, would also be entitled to move an application in writing in terms of direction No.1 and the consequences shall follow. " 3. Learned counsel for the petitioner submits that the case of the petitioner is similar to what has been decided vide order dated 26.05.2025 passed by Co-ordinate Bench of this Court. 4. Mr. Devansh Sharma, Dy.G.C. appearing for caveator- respondent, at the outset, submitted that the order dated 26.05.2025 passed by Co-ordinate Bench at Principal Seat, Jodh- pur was challenged by the State Government by way of filing D.B. Special Appeal (Writ) No. 1111/2025 The State of Ra- jasthan & Anr. Vs. Ramnivas Nirmal) and while entertaining the D.B. Special Appeal, the Division Bench has stayed the effect and operation of order dated 26.05.2025 passed by the Single Bench. 5. Thereupon, learned counsel for the petitioner fairly sub- mits that the present writ petition be disposed of with the direc- tions that the fate of D.B. Special Appeal (Writ) No. 1111/2025 shall also govern the service conditions of the petitioner relating to dispute in question. 6. The aforesaid request made by learned counsel for the petitioner has not been opposed by learned counsel appearing for the caveator-respondent. 7. In view of above, this Court deems it just and proper to dispose of this writ petition with the direction that the decision of [2026:RJ-JP:21328] (4 of 4) [CW-9089/2026] D.B. Special Appeal (Writ) No. 1111/2025 filed at Principal Seat, Jodhpur (The State of Rajasthan & Anr. Vs. Ramnivas Nirmal) will also govern the case of the petitioner and dispute in- volved in this case shall also be regulated accordingly. 8. Pending application(s), if any, shall also stand disposed of. (ANAND SHARMA),J 28/NEERU