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2026 DAILYLAW 8490 (RAJ)

KANTA MALI D/O BABU LAL MALI v. STATE OF RAJASTHAN

CW/3192/2026 · 2026-05-26

Anand Sharma V J

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:22256] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3192/2026 1. Kanta Mali D/o Babu Lal Mali, Aged About 39 Years, R/o C/o Bajrang Lal Mali, School No. 05 Ke Pass, Badi Bass, District Churu (Raj.) - 331403 2. Kajodmal Saini S/o Ram Karan Saini, Aged About 37 Years, R/o Vill. Jaichand Ka Bas, Post Harsuliya, Teh. Madhorajpura, District Jaipur 303904 3. Jogendra Singh S/o Batakh Ram Jatav, Aged About 35 Years, R/o Village Beri, Post Lalita Mudiya, Tehsil Weir, District Bharatpur (Raj.) - 321601 4. Shreeram Asiwal S/o Dhanesh Kumar Asiwal, Aged About 27 Years, R/o Shiv Colony Railway Station Road Govindgarh, Teh. Chomu, District Jaipur, (Raj.)-303712 5. Maneeram Muhal S/o Mansukh Ram Muhal, Aged About 34 Years, R/o Vpo Peethisar, Teh. Churu, District Churu (Raj.) - 331001 6. Rachna D/o Dhanpat Ram, Aged About 32 Years, R/o Vpo. Peethisar, Teh. Churu, District Churu (Raj.)-331001 7. Laxmi D/o Ramkaran, Aged About 33 Years, R/o Vpo Phogri, Teh. Didwana, District Nagaur (Raj.) - 341303 8. Ram Bilas Sharma S/o Rambabu Sharma, Aged About 38 Years, R/o Vp. Doongargaon, Teh. Asnawar, District Jhalawar (Raj.) - 326021 9. Lokesh Kumar Kaiwat S/o Latur Lal Kaiwat, Aged About 33 Years, R/o Ghat Ka Barana, District Bundi (Raj.) - 323603 10. Govind Ram S/o Kheenya Ram, Aged About 33 Years, R/o V/p Guda Hema, Teh. Chitalwana Jalore, District Jalore (Raj.) - 343040 11. Taja Ram S/o Kalu Ram, Aged About 32 Years, R/o Village Gundau, Teh. Sanchore (Jalore), District - Jalore (Raj.) - 343041 12. Kapil Prajapat S/o Gangadhar Prajapat, Aged About 29 Years, R/o S/o Gangadhar Prajapat, Ward No. 06, Kumharon Ka Mohalla, Vpo - Ghantel, Distrct And Tehsil Churu (Raj.) - 331001 13. Arjun Puri S/o Bhika Puri, Aged About 31 Years, R/o [2026:RJ-JP:22256] (2 of 6) [CW-3192/2026] Padam Pura Gotan, District Nagaur (Raj.) - 342902 14. Sohan Lal S/o Ram Lal Malee, Aged About 28 Years, R/o Village Babra, Tehsil Raipur, District Pali (Raj.) - 306101 15. Bhupendra Patel S/o Kodar Lal Patel, Aged About 31 Years, R/o Vpo Nagawara, Tehsil Bagidora, District Banswara, (Raj.) - 327606 16. Kanti Lal Nayak S/o Ramji Nayak, Aged About 41 Years, R/o Vpo Bichhiwara, Teh. Bichhiwara District Dungarpur (Raj.) - 314801 17. Pooran Mal S/o Om Prakash, Aged About 31 Years, R/o Bagwano Ka Bass, Ward No. 2, Pokaran, District Jaisalmer (Raj.) - 345021 18. Pyarchand Meena S/o Rakmaji Meena, Aged About 39 Years, R/o Vill. Khajuriya Kheda, Post Barwas Kalan, Tehsil Arnod, District Pratapgarh (Raj.) - 312615 19. Shankar Lal S/o Gotam, Aged About 34 Years, R/o Vill. Mota Khora, Post Nakor, District Pratapgarh (Raj.) - 312605 20. Nand Lal Meena S/o Kaluram Meena, Aged About 36 Years, R/o Village Piplikheda, Post Gyaspur, Teh. Pratapgarh, District Pratapgarh (Raj.) - 312605 21. Jitendara Kharadi S/o Thavarchand Kharadi, Aged About 27 Years, R/o Mu. Mandela Upli, Post Sansarpur, Th. Jhonthripal, District Dungarpur (Raj.) 22. Rajendra Choudhary S/o Prabhu Lal Choudhary, Aged About 34 Years, R/o Village Mansatiba, Post Pyawari, District Tonk, (Raj.)-304801 23. Harshlata Ameta D/o Basant Lal Ameta, Aged About 43 Years, R/o Brahampuri Titardi, District Udaipur, (Raj.)- 313001 24. Ganpat Ram S/o Madan Lal, Aged About 34 Years, R/o Meghwalon Ki Dhaniyan Manjara Rod, Village Baswani, Post Arjunpura (Boodhi) Nagaur (Raj.) - 341021 25. Dhanpal Bairwa S/o Bhanna Lal Bairwa, Aged About 37 Years, R/o Vill. Narayanpura, Post Lawa, Teh. Malpura, District Tonk (Raj.) - 304504 26. Ram Karan S/o Bodhan, Aged About 39 Years, R/o Vill. Mojdeeka, Post Raybaka, Teh. Alwar, District Alwar, (Raj.)- [2026:RJ-JP:22256] (3 of 6) [CW-3192/2026] 301028 27. Tara Bai Jat D/o Ramjilal Choudhary, Aged About 39 Years, R/o Near Deeg Chungi, Nagar District Bharatpur (Raj.)-321205 28. Kanchan Rani D/o Ami Chand, Aged About 48 Years, R/o Ward No. 04, Jaitsar District Sri Ganganagar, Rajasthan 335702. 29. Gayatri D/o Mangilal, Aged About 30 Years, R/o Dhani Pandusar Dhani Pandusar Lunkaransar Dist- Bikaner Rajasthan-334603. 30. Ajay Raj Soni S/o Mukesh Soni, Aged About 27 Years, R/o Vill. Malarna Dungar, Post Malarna Dungar, Teh. Malarna Dungar, District Sawaimadhopur (Raj.) - 322028 31. Girraj Prashad Saini S/o Ramswaroop Saini, Aged About 30 Years, R/o Dhani Bhikali, Village Post Bhandarej, District Dausa (Raj.) - 303501 32. Mahaveer Prasad Prajapat S/o Girdhari Lal Prajapat, Aged About 41 Years, R/o Ward No. 15 Khatushyamji Road Pachar, Teh. Dantaramgad, District Sikar, (Raj.)-332710 33. Gajendra Prajapat S/o Kailash Chand Prajapat, Aged About 31 Years, Indora Ki Dhani, Veer Hanuman Ji Ka Rasta, Chomu, District Jaipur (Raj.) - 303702 34. Subhash Patel S/o Faram Patel, Aged About 38 Years, R/o Vill. Jeevakhunta, Post Sajjangarh, Teh. Sajjangarh, District Banswara (Raj.) - 327602 35. Shrawan Dan S/o Ramu Dan, Aged About 27 Years, R/o V/p Rawat Ka Gaon, Post - Jase Ka Gaon, Tehsil Sheo, District Barmer (Raj.) - 344701. ----Petitioners Versus 1. State Of Rajasthan, Through Its Secretary, Education Department, Government Of Rajasthan, Secretariat, Janpath, Jaipur 2. Rajasthan Staff Selection Board, Through Secretary, Rajya Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur-302018 3. The Director, Elementary Education Rajasthan, Lalgarh Palace, Near Unnamed Road, Samta Nagar, Bikaner [2026:RJ-JP:22256] (4 of 6) [CW-3192/2026] 334001. 4. Ravina D/o Mahender Gorchhiya, Aged About 25 Years, R/o Ward No.4, Vpo Dhannasar, Tehsil Rawatsar, District Hanumangarh, Rajasthan-335524. 5. Deepak Depawat S/o Bhawani Dan Charan, Aged About 25 Years, R/o Jain Jawahar Mandal Ke Pass Deshnok, District - Bikaner, State-Rajasthan - 334801. 6. Dhala Ram S/o Dungar Ram, Aged About 34 Years, R/o Village Gharoi, Charnan Post Kalyanpur, Tehsil Pachpadra, District Barmer, Rajasthan-344026. 7. Rajendra Malav S/o Ramchandra Malav, Aged About 35 Years, R/o Main Road Ranibarod, District Baran, Rajasthan-325216. 8. Robin Sharma S/o Shiv Kumar Sharma, Aged About 26 Years, R/o Vpo Ghamurwali, Tehsil Padampur, District Sri Ganganagar, Rajasthan-335042. 9. Devkishan Dhaker S/o Banshi Lal, Aged About 31 Years, R/o Sangrampura Parsoli, District - Chittorgarh, State Rajasthan - 312403 10. Mangal Singh Rana S/o Teja Rana, Aged About 37 Years, R/o Salon Tandi Badi Post Tandi Badi, District- Banswara, State - Rajasthan - 327602 11. Kusum Rao D/o Ratan Singh Rao, Aged About 34 Years, R/o Police Thane Ke Samne Salumber, District Udaipur, State Rajasthan - 313027 12. Sunil Kumar S/o Balveer, Aged About 26 Years, R/o Ward No.3, Vpo 16 Ag Bhompura, Rawatsar Hanumangarh, Districrt Hanumangarh, Rajasthan-335524. 13. Kirta Ram S/o Mesa Ram, Aged About 35 Years, R/o Kharawala Pokrasar Netrad, District Barmer, Rajasthan- 344702. 14. Ranjit Meghwal S/o Jagdish Prasad, Aged About 29 Years, R/o Amarsar Rajasar Bikav, Sardarshahar, District Churu, Rajasthan-331403. 15. Uday Ram Gurjar S/o Ramdhan Gurjar, Aged About 27 Years, R/o Village Ursewa, Tehsil Dudu, District Jaipur, Rajasthan-303008. 16. Rajesh Datusala S/o Sahi Ram, Aged About 32 Years, R/o [2026:RJ-JP:22256] (5 of 6) [CW-3192/2026] Village Sirsali, Tehsil Churu, District Churu, Rajasthan- 331029. ----Respondents For Petitioner(s) : Mr. Anand Sharma for Mr. Arvind Kumar Sharma For Respondent(s) : Mr. Manish Bhardwaj for Mr. Nalin G. Narain HON'BLE MR. JUSTICE ANAND SHARMA Order 26/05/2026 1. Learned counsel appearing for both the parties jointly submitted that the issue involved in this writ petition is squarely covered by the judgment dated 11.05.2026 passed by this Court in the case of Yasmeen Bee D/o Nijamuddin & ors. Vs. State Of Rajasthan & Ors. & Ors. connected matters in S.B. CWP No. 13045/2025, wherein following directions were given: "17. Consequently, while allowing these writ petitions, it is directed that the respondents shall determine correct number of vacancies on the basis of guidelines given by the Division Bench of this Court as well as by the Hon'ble Supreme Court in the case of Namonarayan Sharma & Others (supra) and after assessing the correct number of vacancies, the respondents shall reexamine the claims of the petitioners afresh and, in case the petitioners are otherwise eligible in terms of the advertisement and are found to have secured higher marks, on the basis of revised results, than the last appointed candidate in their respective category, the respondents shall offer appointment to the petitioners, subject to availability of the vacancies, after redetermining their existence in accordance with the guidelines laid down in the case of Namonarayan Sharma & Others (supra) within a period of two months from the date of receipt of certified copy of this judgment. The petitioners shall also be entitled to notional benefits of pay fixation and seniority qua candidates appointed earlier despite securing lesser marks, however, without any entitlement to actual monetary arrears for the past period. [2026:RJ-JP:22256] (6 of 6) [CW-3192/2026] Simultaneously, it is directed that no candidate already appointed pursuant to the original answer key shall be terminated solely on account of subsequent revision of the answer key, since they were not at fault. 18. However, the benefit of this judgment shall remain confined only to the petitioners before this Court and to those candidates, who had already approached this Court and whose writ petitions are pending consideration. Any fence-sitter who remained indolent and failed to agitate his rights within reasonable time shall not be entitled to claim benefit on the basis of the present judgment." 2. In view of above consensus arrived at between learned counsel for the parties, this Court deems it just and proper to dispose of this writ petition in the same terms and with the same directions as given in the case of Yasmeen Bee D/o Nijamuddin & Ors. (supra). 3. Pending application(s), if any, shall also stand disposed of. (ANAND SHARMA),J DIVYA /14