KAMLESH KUMAR SWAMI S/O HANUMAN PRASAD SWAMI v. STATE OF RAJASTHAN
CW/5485/2026 · 2026-05-27
Anand Sharma V J
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8754 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8754 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:22471] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5485/2026
1. Kamlesh Kumar Swami S/o Hanuman Prasad Swami, Aged About 40 Years, R/o Dhani Mansagar, Post Papurna, Tehsil Khetri, District Jhunjhunu, (Raj.) - 333503
2. Babali Meena D/o Nanu Ram Meena, Aged About 38 Years, R/o At Karada Wada At, Po Karada Sagwara, District Dungarpur (Raj.) - 314024
3. Saini Renukumari Kantilal, D/o Kantilal Saini, Aged About 48 Years, R/o Saini Bhawan, Post Office Road Gandhinagar, Aburoad, District Sirohi (Raj.) - 307026
4. Banshi Lal Meghwal S/o Sharvan Ram Meghwal, Aged About 33 Years, R/o Pward No. 02, Langour, Degana, Teh. Degana, District Nagaur (Raj.) - 341503
5. Prakash Chandra Kumawat S/o Devi Lal, Aged About 33 Years, R/o Village Devli Post Galwa Ammet Distt. Rajsamand State Rajasthan 313327.
6. Vinod Kumar Patidar S/o Nathu Lal Patidar, Aged About 42 Years, R/o Mukam, Post Jethana, Teh. Sagwara, District Dungarpur, State Rajasthan-314031
7. Raju Kumar S/o Ramlakhan Singh, Aged About 28 Years, R/o Vpo Dheemari, Tehsil Bari, Distt. Dholpur (Raj.) - 328021
8. Balwinder Singh S/o Gurdayal Singh, Aged About 40 Years, R/o Ward No. 01, Vpo 5 P Koni, District Sri Ganganagar (Raj.) - 335001
9. Sunita D/o Hetram, Aged About 37 Years, R/o Vpo Mallerkhera Teh. Tibbi Distt. Hanumangarh State Rajasthan 335065. ----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
[2026:RJ-JP:22471] (2 of 3) [CW-5485/2026] Palace, Near Unnamed Road, Samta Nagar, Bikaner
334001.
4. Deepak Depawat S/o Bhawani Dan Charan, Aged About 25 Years, R/o Jain Jawahar Mandal Ke Pass Deshnok, District - Bikaner, State-Rajasthan - 334801.
5. Jeeja Kumari Baranda D/o Shankar Baranda, Village Post Metali, Dungarpur, District Dungarpur, State Rajasthan - 314001
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. Veeree Singh S/o Malua Ram, Aged About 32 Years, R/o Village Nagla Mathally, Post Mahamadpura, Tehsil Bayana, District Bharatpur, Rajasthan-321405. ----Respondents For Petitioner(s) : Mr. Anand Sharma for Mr. Arvind Kumar Sharma For Respondent(s) : Mr. Manish Bhardwaj, through VC for Mr. Nalin G. Narain HON'BLE MR. JUSTICE ANAND SHARMA
Order 27/05/2026
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 &
[2026:RJ-JP:22471] (3 of 3) [CW-5485/2026] 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. 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 /200