Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 9198 (RAJ)

SARITA MEENA D/O CHHITAR MEENA v. THE STATE OF RAJASTHAN

CW/14522/2022 · 2026-06-29

Maneesh Sharma, Sanjeev Prakash Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:23739-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 14522/2022 URN: CW / 29075U / 2022 1. Sarita Meena D/o Chhitar Meena, Aged About 38 Years, R/o Ward No. 20, Ajeetgarh, Sikar (332701). 2. Babita Kumari D/o Phool Singh, Aged About 31 Years, R/o Bhurasar Ka Bas, Jhunjhunu (333001). 3. Amit Dhudhwal S/o Ramkaran Doodhwal, Aged About 26 Years, R/o Dudhwalo Ki Dhani, Kalakh, Jobner, Jaipur (303328). 4. Dinesh Kumar S/o Ranjeet Kumar, Aged About 33 Years, R/o Junjadiyo Ki Dhani, Dehera, Jobner, Distt. Jaipur (Raj.). 5. Yogesh Kumar S/o Rajendra Kumar, Aged About 25 Years, R/o Nehro Ka Bas, Haripura, Kalakh, Jobner, Distt. Jaipur (Raj.). 6. Babu Lal Jat S/o Meva Lal Jat, Aged About 26 Years, R/o Palwali Dhani, Dehera, Jobner, Jaipur (303328). 7. Lalita Rawal S/o Devi Lal Rawal, Aged About 35 Years, R/o Ward No. 20, Ajeetgarh, Distt. Sikar (Raj.). 8. Sangeeta Choudhary D/o Raghunath Prasad, Aged About 29 Years, R/o Gyandeep School, Israwala, Distt. Jaipur (Raj.). 9. Subhash Jat S/o Bhagwana Ram Jat, Aged About 31 Years, R/o Dhaka Ki Dhani, Nawalgarh, Distt. Jhnjhunu- 333042 (Raj.). 10. Nidhi Jain D/o Chetan Kumar Jain, Aged About 33 Years, R/o Aargarh, Parshwnath City, Amargarh, Jahazpur, Nanta, Distt. Kota -328008 (Raj.). 11. Giriraj S/o Durga Lal, Aged About 30 Years, R/o Radhakrishna Temple, Tehsil Pirawa, Saroniya, Distt. Jhalawar (Raj.). 12. Lakki Sharma S/o Om Prakash Sharma, Aged About 27 Years, R/o Kherli (Rural) Tehsil Kathumar, Distt. Alwar (Raj.). 13. Ramesh Kumar S/o Bhagvan Dutt, Aged About 28 Years, R/o Palwali Dhani, Dehera, Jobner, Distt. Jaipur-303326 (Raj.). [2026:RJ-JP:23739-DB] (2 of 7) [CW-14522/2022] 14. Narayan Lal Dangi S/o Shankar Lal Dangi, Aged About 30 Years, R/o Radha Krishan Temple, Tehsil Pirarwa, Saroniya, Jhalawar-326034 (Raj.). 15. Sanjay Kumar Dangi S/o Prakash Dangi, Aged About 29 Years, R/o Guradiya, Tehsil-Pidawa, Distt. Jhalawar- 326034 (Raj.). 16. Sunil Nath S/o Ram Nath Yogi, Aged About 29 Years, Junjadio Ki Dhani, Jobner, Dehera, Distt. Jaipur (Raj.). 17. Ravina D/o Daya Ram, Aged About 25 Years, R/o Good Luck Bhawan, Jobner, Distt. Jaipur (Raj.). 18. Vikas Jatav S/o Dashmi Das Jatav, Aged About 28 Years, R/o Village - Katkar, Hindaun City, Distt. Karauli (Raj.). 19. Vinod Kumar S/o Lekhram, Aged About 34 Years, R/o Lohamandi Road, Harmada, Distt. Jaipur (Raj.). 20. Pramod Kumar S/o Jagdish Kumar, Aged About 28 Years, R/o Post Kesapura, Tehsil Kekri, Dsitt. Ajmer (Raj.). 21. Ravi Kumar S/o Ramkumar, Aged About 32 Years, R/o Good Luck Bhawan, Jobner, Distt. Jaipur (Raj.). 22. Suresh Kumar S/o Mana Ram, Aged About 32 Years, R/o Radhakrishna Temple, Post-Pirawa, Saroniya, Distt. Jhalawar (Raj.). 23. Veer Vikram Singh Bhandari S/o Shiv Singh Bhandari, Aged About 28 Years, R/o Tehsil - Kathumar, Kherli (Rural), Distt. Alwar (Raj.). 24. Rajneesh Kumar S/o Banshi Lal, Aged About 36 Years, R/o Katkar, Hindaun City, Distt. Karauli (Raj.). 25. Sandesh Kumar S/o Sohal Lal Sharma, Aged About 33 Years, R/o Kasapura, Kekri, Distt. Alwar (Raj.). 26. Pempee D/o Kesha Ram, Aged About 34 Years, R/o Dhani Nagar, Jobner, Distt. Jaipur (Raj.). 27. Sarita D/o Bijendra Singh, Aged About 28 Years, R/o Ward No. 19, Dundlod, Nawalgarh, Distt. Jhunjhunu (Raj.). 28. Inder Singh S/o Madho Singh, Aged About 31 Years, R/o Lohamandi Road, Harmada, Distt. Jaipur (Raj.). 29. Rajaram Dhakar S/o Jagdeesh Kumar, Aged About 21 Years, R/o Kasapura, Kekri, Distt. Ajmer (Raj.). 30. Balwant Singh S/o Shanker Singh, Aged About 34 Years, [2026:RJ-JP:23739-DB] (3 of 7) [CW-14522/2022] R/o Village And Post Khejrawas, Post Kalakh, Jobner, Distt. Jaipur (Raj.). 31. Vinay Sharma S/o Om Prakash Sharma, Aged About 31 Years, R/o Bhurasar Ka Bas, Distt. Jhunjhunu(Raj.). 32. Mukesh Kumar S/o Krishan Lal, Aged About 33 Years, Good Luck Bhawan, Jobner, Distt. Jaipur (Raj.). 33. Lakhaver Singh S/o Kaur Singh, Aged About 26 Years, R/o Near Gyandeep School, Isawrawala, Distt. Jaipur (Raj.). 34. Sunita Kumari D/o Mahaveer, Aged About 28 Years, R/o Ward No. 20 Ajeetgarh, Distt. Sikar (Raj.). 35. Kalpana Yadav D/o V.s. Yadav, Aged About 27 Years, Lohamandi Road, Harmada, Distt. Jaipur (Raj.). 36. Kalyan Singh Seervi S/o Shesharam, Aged About 29 Years, R/o Kherli (Rural), Distt. Alwar (Raj.). 37. Kapil Dhaka S/o Sant Kumar Dhaka, Aged About 25 Years, R/o Dhaka Ki Dhani, Nawalgarh, Distt. Jhunjhunu (Raj.). 38. Arvind Kumar S/o Kishan Lal, Aged About 28 Years, R/o Radhakrishna Temple, Pirawa, Dsitt. Jhalawar (Raj.). 39. Sarvjeet Kaur D/o Jaspal Singh, Aged About 28 Years, R/o Bhurasar Ka Bas, Distt. Jhunjhunu (Raj.). 40. Prahalad Singh Dhaka S/o Heera Lal Dhaka, Aged About 30 Years, R/o Vpo-Bhikawash, Post Kalakh, Jobner, Distt. Jaipur (Raj.). 41. Anubhav Galav S/o Devki Nandan Galav, Aged About 36 Years, R/o Mahaveer Nagar, Distt. Kota (Raj.). 42. Anil Kumar S/o Rajendra Singh, Aged About 25 Years, R/o Jogiyan Ka Bas, Laxmangarh, Distt. Sikar (Raj.). 43. Praveen Kumar Chaudhary S/o Heera Lal, Aged About 35 Years, R/o Good Luck Bhawan, Jobner, Distt. Jaipur (Raj.). 44. Deepak Kumar Dadhich S/o Subhash Chandra Singh, Aged About 30 Years, R/o Sector-7, 698 Keshavpura, Distt. Kota (Raj.). 45. Vikas S/o Devi Lal, Aged About 35 Years, Palwali Dhani, Dehera, Jobner, Distt. Jaipur (Raj.). ----Petitioners Versus [2026:RJ-JP:23739-DB] (4 of 7) [CW-14522/2022] 1. The State Of Rajasthan, Through Principal Secretary, Department Of Secondary Education, Secretariat, Jaipur Rajasthan. 2. The Director, Department Of Secondary Education, Bikaner, Rajasthan. 3. The State Of Rajasthan, Through Principal Secretary Department Of Personnel (K-2), Secretariat, Jaipur. 4. The Rajasthan Public Service Commission, Through Its Secretary, Ghoogra Ghati, Ajmer. ----Respondents Connected With D.B. Civil Writ Petition No. 17654/2022 URN: CW / 35632U / 2022 Sandeep Nigania S/o Ramsingh Yadav, Aged About 31 Years, R/o B-516, Ganpati Vihar Colony, Near Tijara Phatak, Alwar, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Secondary Education, Secretariat, Jaipur, Rajasthan. 2. The Director, Department Of Secondary Education, Bikaner, Rajasthan. 3. The State Of Rajasthan, Through Principal Secretary Department Of Personnel (K-2), Secretariat, Jaipur. 4. The Rajasthan Public Service Commission, Through Its Secretary, Ghoogra Ghati, Ajmer. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad Mr. Iliyash Khan Mr. Akshit Gupta For Respondent(s) : Mr. M.F. Baig HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE MANEESH SHARMA Order [2026:RJ-JP:23739-DB] (5 of 7) [CW-14522/2022] 29/06/2026 1. The challenge before us is to the qualifications prescribed for the post of Lecturer (Agriculture) at Serial No.5 under Group-B in Schedule-I of the Rajasthan Educational (State & Subordinate) Rules, 2021 whereby the eligibility for consideration for appointment was laid down as post graduate or equivalent examination recognized by the UGC in agriculture and Agronomy/Horticulture/Animal Husbandry with degree or diploma education recognised by NCTE. 2. Learned counsel submits that the other faculties where a person may do post graduation in the field of agriculture have not been taken into consideration and all the other persons like the petitioners have been a student from participation. The rule is laying down the qualification limited to the Agronomy/Horticulture/Animal Husbandry is therefore violative of Article 14 and deserves to be declared as ultra vires. Learned counsel further submits that during the pendency of the petitions, the respondents themselves realized that the qualifications cannot be limited to the three subjects alone and even in other subjects, the qualification has been now recognized. However, the said amendment has been made only with effect from 07.02.2024 and has been made prospective, thereby depriving the petitioners who had passed earlier and had become now over age to participate in subsequent advertisement issued by the RPSC. Learned counsel submits that the qualification should be extended to the advertisement issued earlier in the year 2022 which is impugned in the present petitions. Learned counsel submits that an amendment application was also moved, amending a challenge in [2026:RJ-JP:23739-DB] (6 of 7) [CW-14522/2022] the present writ petitions. Learned counsel submits that amendments made in the Rules should be treated retrospective and also be applicable on the advertisement issued in 2022. 3. We have considered the submissions. 4. The law is well settled that the advertisement has to be in terms of the Rules as they exist at the relevant time. The post have to be filled in terms of the Rules which exists at the time the advertisement is issued. 5. Admittedly, the qualifications prescribed under the schedule did not include the other faculties like MSc (Agriculture) (Animal Production), MSc (Agriculture) (Bio Chemistry), MSc (Agriculture) (Crop Physiology), MSc (Agriculture) (Entomology & Zoology), MSc (Floricultural and Land Scaping), MSc (Fruit Science), MSc (Major-Ag-Ext Minor-Ag-Economics), MSc (Major Plant Pathology Minor Entomology), MSc (Agriculture) (Molecular Biology & Biotechnology), MSc (Agriculture) (Meteorology Agriculture), MSc (Agriculture) (Mycology and Plant Pathology), MSc (Agriculture) (Microbiology), MSc (Agriculture) (Nematology), etc. and was only limited to the three subjects in post graduation, namely, Agronomy/Horticulture/Animal Husbandry. 6. Candidates who take admission in post graduation have a choice to choose their subjects at that relevant time. 7. Admittedly, when the candidates applied for admission to post graduation, the rule for appointment on the post of Lecturer (Agriculture) was the same as advertised in the year 2022. They very well therefore knew that if they are being admitted in post graduation agriculture of Animal Production other than Agronomy/Horticulture/Animal Husbandry, they would not be [2026:RJ-JP:23739-DB] (7 of 7) [CW-14522/2022] eligible for participation. The amendment has been made in the year 2024 which has not been made retrospective. The challenge in the amendment is not there before us. Moreover, the new amendment could not be reflected in the advertisement, which was issued in the year 2022 and has been carried out. Candidates have already been given appointment under the said advertisement. Even if the posts were more and the candidates were less it does not create any right in favour of the petitioners. 8. No case for interference is made out, the amendment having already been made, those who are eligible shall now be allowed to participate on the post of School Lecturer (Agriculture) even if they are having MSc in other fields apart from Animal Husbandry, Horticulture and Agronomy. 9. At this stage, learned counsel for the petitioners submits that several of the petitioners have become over age. The issue of over age has to be considered by the State Government. In this regard, we leave it open for the petitioners to move appropriate applications. If the State Government deems it appropriate they can definitely take a decision to grant the benefit of age relaxation. 10. Considering that the entire selection under the earlier advertisement is over, no benefit can be granted to the petitioners. 11. In view of the above, the present petitions are dismissed. 12. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J (SANJEEV PRAKASH SHARMA),ACTING CJ DEEPA-112-113