RAMAVTAR YADAV S/O SHRI SUNARAM YADAV v. THE STATE OF RAJASTHAN
CW/5945/2026 · 2026-05-20
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8431 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8431 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:21248] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5945/2026
1. Ramavtar Yadav S/o Shri Sunaram Yadav, Aged About 38 Years, R/o Dhani Golirav, Village Arniya, Tehsil Srimadhopur, District Sikar, Rajasthan.
2. Haramana Ram S/o Sanwata Ram, Aged About 37 Years, R/o Vpo Dhani Panchera, Tehsil Sardarshahar, District Churu, Rajasthan.
3. Narendra Kumar S/o Ishawar Singh, Aged About 33 Years, R/o Kalyanpura, Post Beedsar, Tehsil Laxmangarh, District Sikar, Rajasthan. ----Petitioners Versus
1. The State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Secretariat, Rajasthan. Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 20/05/2026
1. By way of filing this writ petition, the petitioners have challenged order dated 27.09.2019, whereby the representation filed by the petitioners in compliance of order dated 16.07.2019 passed by the Co-ordinate Bench of this Court at Principal seat, Jodhpur in S.B. Civil Writ Petition No.7135/2019 has been dismissed.
[2026:RJ-JP:21248] (2 of 3) [CW-5945/2026]
2.
Learned counsel for the petitioners submits that the petitioners participated in recruitment process initiated by the respondents for appointment on the post of Senior Teacher Grade- II in 2013 and on account of discrepancies and anomalies in the result, the situation arose where the persons who were lower in merit as well as higher in merit than the petitioners have been appointed by the respondents on the post of Senior Teacher, but the petitioners were left out of consideration.
3. Under these circumstances, the petitioners filed S.B. Civil Writ Petition No.7135/2019, which was disposed of by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur with the direction to the respondents to decide the representation of the petitioners in the light of earlier judgment of Shiv Kumar Sharma Vs. State of Rajasthan & Anr. delivered by this Court in S.B. Civil Writ Petition No.7897/2018.
4.
Learned counsel submits that representations filed by the petitioners have been dismissed mechanically by the respondents vide order dated 27.09.2019 and benefit of judgment of Shiv Kumar Sharma (supra) has not been extended to the petitioners.
5. It is settled proposition of law that writ jurisdiction under Article 226 of the Constitution of India is an equitable remedy and cannot be exercised in favour of person, who was not vigilant about his rights. In the instant case, admittedly, the recruitment relates to the year 2013-14 and order impugned for dismissing the representation filed by the petitioners was passed on 27.09.2019. Thereafter, the petitioners have approached this Court in the year 2026 and no justification whatsoever has been
[2026:RJ-JP:21248] (3 of 3) [CW-5945/2026] given for such long delay of seven years. Hence, quite apparently, the writ petition filed by the petitioners is suffering from the vice of delay and latches, and is liable to be dismissed on this ground alone.
6. Even otherwise, this Court finds that justification has been given by the respondents in order dated 27.09.2019 that the persons allegedly lower in merit than the petitioners, since had
judgment in their favour in the case of Murari Lal Sharma Vs. RPSC & Ors., therefore, case of the petitioners cannot be equated with them.
7. In view of above, this Court has not find any scope of interference in the instant writ petition and the same is hereby dismissed.
8. Pending application(s), if any, also stand(s) disposed of.
(ANAND SHARMA),J DIVYA /9