Disposed

Narendra Kumar Kajala v. State Panchyati Raj Dep Ors.

Rajasthan HC2 Apr 2013CW/5115/2013

Case brief

AI extract

What is this about?

Justice M.N. Bhandari disposed of multiple writ petitions regarding selection for Lower Division Clerk posts. The court directed issuance of experience certificates to eligible candidates with direct contractual engagements in MNREGA or Department schemes (excluding placement agency), allowed age relaxation representation, and restricted certificates for schemes not listed in amended rules.

What did the court decide?

Direction to issue experience certificates to eligible candidates with direct contractual engagement in MNREGA/Department schemes; liberty to make representations for age relaxation by 05.04.2013.

Narendra Kumar Kajala Vs State Panchyati… — Pension and Retirement Benefits | Rajasthan HC (2013)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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S.B. CIVIL WRIT PETITION NO.3313/2013

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(Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.1853/2013

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(Satya Narain Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.2757/2013

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(Prabhu Lal Bairwa Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.2761/2013 (Shankar Lal Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.2762/2013

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(Ramesh Chand Balai Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.2763/2013

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(Govind Singh Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.2764/2013

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(Hari Narain Raigar Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.2765/2013

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(Rajesh Kumar Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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S.B. CIVIL WRIT PETITION NO.3341/2013 (Madhu Ranawat Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3342/2013

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(Kamlesh Saini Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3395/2013 (Kuldeep Sansi Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3539/2013

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(Heeralal Bairwa & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3614/2013

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(Smt. Vimla Chopra Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3648/2013

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(Jagdish Prasad Teli Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3652/2013

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(Desh Raj Mali Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3664/2013

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(Vikram Chanwariya Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3685/2013

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(Mahesh Kumar Bansal Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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AND

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S.B. CIVIL WRIT PETITION NO.3771/2013

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(Rajendra Kumar Meena & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3905/2013

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(Sanjay Prakash Dhaker Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3918/2013

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(Vagya Prakash Somani Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3919/2013

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(Vaishali Shinde Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3947/2013

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(Chandra Shekhar Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3953/2013

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(Ramawatar Saini & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3960/2013

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(Gopal Prasad Mathuria Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3983/2013

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(Vijendra Kumar & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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S.B. CIVIL WRIT PETITION NO.4020/2013

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(Mohd. Asar Khan Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4023/2013

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(Dayal Chand Meena Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4047/2013

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(Murlidhar Dhakad & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4053/2013

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(Dhudaram Poswal & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4054/2013

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(Madan Lal Bairwa & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4055/2013

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(Uttam Saini Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4070/2013

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(Pradeep Banerjee Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4076/2013

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(Smt. Deepa Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4077/2013

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(Sanjay Kumar Singhal Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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AND

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S.B. CIVIL WRIT PETITION NO.4083/2013

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(Ram Ram Choudhary Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4091/2013

¶115

(Habbib Akhtar Shirwani Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4092/2013

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(Bahadur Mal Jain Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4093/2013

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(Bhagwanchand Vijay Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4094/2013

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(Abdul Rahman Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4095/2013

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(Ram Karan Bairwa Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4096/2013

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(Damodar Prasad Bairwa Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4097/2013

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(Brij Mohan Gupta Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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S.B. CIVIL WRIT PETITION NO.4101/2013

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(Updesh Kumar Jadaun Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4107/2013

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(Mahendra Kumar Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4125/2013

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(Krishan Kumar Vs. State of Rajasthan & Ors.)

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AND

¶146

S.B. CIVIL WRIT PETITION NO.4129/2013

¶147

(Goverdhan Lal Kumawat Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4135/2013

¶150

(Mangi Lal Khatik Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4136/2013

¶153

(Chhotulal Meena & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4139/2013

¶156

(Purushottam Garg Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4143/2013

¶159

(Sewa Ram Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4145/2013

¶162

(Om Prakash Verma Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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AND

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S.B. CIVIL WRIT PETITION NO.4146/2013

¶167

(Manoj Saraswat Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4150/2013 (Prem Singh Jatav Vs. State of Rajasthan & Ors.)

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AND

¶171

S.B. CIVIL WRIT PETITION NO.4151/2013 (Rajendra Singh Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4152/2013

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(Surat Singh Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4155/2013

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(Naveen Sharma & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4156/2013

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(Bharat Bhushan Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4176/2013

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(Hariom Gautam Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4177/2013

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(Indra Lal Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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S.B. CIVIL WRIT PETITION NO.4181/2013

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(Veli Patidar & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4193/2013

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(Gajanand Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4194/2013

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(Kuldeep Kumar Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4195/2013

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(Shiv Charan Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4209/2013

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(Chain Singh Meena & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4216/2013

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(Kamlesh Kumar Jain Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4225/2013

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(Shiv Prakash Pareek Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4250/2013

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(Heemraj Bairwa & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4251/2013

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(Rajaram Choudhary Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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AND

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S.B. CIVIL WRIT PETITION NO.4254/2013

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(Premchand Mali & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4255/2013

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(Govind Prasad Sharma & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4260/2013

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(Rajwati Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.4269/2013

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(Kuldeep Kumar Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4275/2013

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(Lokesh Jain Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4289/2013

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(Ram Dayal Saini Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4297/2013

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(Roshan Pal Meena & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4307/2013

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(Shyoji Ram Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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S.B. CIVIL WRIT PETITION NO.4309/2013

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(Ms.Sanju Balai Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4310/2013

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(Ramji Lal Gurjar & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4311/2013 (Ramniwas Gurjar Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4312/2013

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(Hemant Kumar Sharma Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4313/2013

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(Dalip Kumar & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4314/2013

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(Kailash Chandra Yadav Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4315/2013

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(Akram Ali Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4316/2013

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(Girraj Prasad Sain & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4333/2013

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(Shivaji Lal Jat & Ors. Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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AND

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S.B. CIVIL WRIT PETITION NO.4334/2013

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(Pushpendra Kumar Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4335/2013

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(Satyanarain Nagar & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4336/2013

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(Pannmal Khatik & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4337/2013

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(Manohar Lal Jaga Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4338/2013

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(Lohadi Ram Meena & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4345/2013

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(Ravi Tamboli & Anr. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4347/2013

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(Sadhana Macheria Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4350/2013

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(Ram Pal Meena Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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S.B. CIVIL WRIT PETITION NO.4355/2013

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(Kamlesh Kumar Yogi Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4366/2013

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(Bheru Lal Jat Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4368/2013 (Pushpa Mandetiya Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4369/2013 (Sita Ram Ahir Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4370/2013

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(Beeri Singh Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4371/2013

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(Rituraj Soni Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4374/2013

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(Gajendra Singh Ranwat Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4381/2013

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(Banwari Lal Gurjar Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4393/2013

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(Surya Prakash Sharma & Anr. Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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AND

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S.B. CIVIL WRIT PETITION NO.4395/2013

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(Dharampal & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4397/2013

¶330

(Kamlesh Kumar Saini Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4475/2013

¶333

(Ram Singh Rajput & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4488/2013

¶336

(Chandan Kumar Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4493/2013

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(Shyoraj Meena & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4497/2013

¶342

(Sanjay Sharma & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4513/2013

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(Tarun Dev Charan & Ors. Vs. State of Rajasthan & Ors.)

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AND

¶347

S.B. CIVIL WRIT PETITION NO.4542/2013

¶348

(Bheem Singh Gurjar Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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S.B. CIVIL WRIT PETITION NO.4546/2013

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(Rohit Kumar Choudhary Vs. State of Rajasthan & Ors.)

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AND

¶355

S.B. CIVIL WRIT PETITION NO.4561/2013

¶356

(Rajendra Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

¶357

AND

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S.B. CIVIL WRIT PETITION NO.4568/2013

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(Kailash Chand Pareek Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4570/2013

¶362

(Ram Bilas Gupta Vs. State of Rajasthan & Ors.)

¶363

AND

¶364

S.B. CIVIL WRIT PETITION NO.4571/2013

¶365

(Gisa Ram & Ors. Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4591/2013

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(Krishan Mohan Goyal Vs. State of Rajasthan & Ors.)

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AND

¶370

S.B. CIVIL WRIT PETITION NO.4603/2013

¶371

(Shaitan Singh Kumawat Vs. State of Rajasthan & Ors.)

¶372

AND

¶373

S.B. CIVIL WRIT PETITION NO.4609/2013

¶374

(Dharamveer Meena Vs. State of Rajasthan & Ors.)

¶375

AND

¶376

S.B. CIVIL WRIT PETITION NO.4610/2013

¶377

(Sudhakar Pujari Vs. State of Rajasthan & Ors.)

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S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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AND

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S.B. CIVIL WRIT PETITION NO.4611/2013

¶382

(Vinod Kumar Meena Vs. State of Rajasthan & Ors.)

¶383

AND

¶384

S.B. CIVIL WRIT PETITION NO.4616/2013

¶385

(Prem Chand Jat Vs. State of Rajasthan & Ors.)

¶386

AND

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S.B. CIVIL WRIT PETITION NO.4617/2013

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(Ved Prakash Ramawat Vs. State of Rajasthan & Ors.)

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AND

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S.B. CIVIL WRIT PETITION NO.4618/2013

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(Rajendra Kumar Solanki & Ors. Vs. State of Rajasthan & Ors.)

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AND

¶393

S.B. CIVIL WRIT PETITION NO.4620/2013

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(Arvind Kumar Chobisa Vs. State of Rajasthan & Ors.)

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AND

¶396

S.B. CIVIL WRIT PETITION NO.4623/2013

¶397

(Ramchandra Meghwal Vs. State of Rajasthan & Ors.)

¶398

AND

¶399

S.B. CIVIL WRIT PETITION NO.4770/2013

¶400

(Chandrapal Vs. State of Rajasthan & Ors.)

¶401

AND

¶402

S.B. CIVIL WRIT PETITION NO.4771/2013

¶403

(Vikas Kumar Sharma Vs. State of Rajasthan & Ors.)

¶404

AND

¶405

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

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¶407

S.B. CIVIL WRIT PETITION NO.4773/2013

¶408

(Banwarilal Verma Vs. State of Rajasthan & Ors.)

¶409

AND

¶410

S.B. CIVIL WRIT PETITION NO.4779/2013

¶411

(Shiv Lal Yadav Vs. State of Rajasthan & Ors.)

¶412

AND

¶413

S.B. CIVIL WRIT PETITION NO.4785/2013

¶414

(Krishana Devi Vs. State of Rajasthan & Ors.)

¶415

AND

¶416

S.B. CIVIL WRIT PETITION NO.4786/2013 (Radhey Shyam Vs. State of Rajasthan & Ors.)

¶417

AND

¶418

S.B. CIVIL WRIT PETITION NO.4787/2013

¶419

(Rajendra Kumar Vs. State of Rajasthan & Ors.)

¶420

AND

¶421

S.B. CIVIL WRIT PETITION NO.4788/2013

¶422

(Dhuleshwar Ghogra & Ors. Vs. State of Rajasthan & Ors.)

¶423

AND

¶424

S.B. CIVIL WRIT PETITION NO.4812/2013

¶425

(Gagan Kumar Garg Vs. State of Rajasthan & Ors.)

¶426

AND

¶427

S.B. CIVIL WRIT PETITION NO.4813/2013

¶428

(Hansa Yadav Vs. State of Rajasthan & Ors.)

¶429

AND

¶430

S.B. CIVIL WRIT PETITION NO.4820/2013

¶431

(Virendra Singh Chauhan Vs. State of Rajasthan & Ors.)

¶432

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶433

¶434

AND

¶435

S.B. CIVIL WRIT PETITION NO.4823/2013

¶436

(Aditya Narain Sharma & Ors. Vs. State of Rajasthan & Ors.)

¶437

AND

¶438

S.B. CIVIL WRIT PETITION NO.4827/2013

¶439

(Lal Chand Dangi & Ors. Vs. State of Rajasthan & Ors.)

¶440

AND

¶441

S.B. CIVIL WRIT PETITION NO.4828/2013

¶442

(Ashok Kumar Bagdi Vs. State of Rajasthan & Ors.)

¶443

AND

¶444

S.B. CIVIL WRIT PETITION NO.4848/2013

¶445

(Ram Prasad & Ors. Vs. State of Rajasthan & Ors.)

¶446

AND

¶447

S.B. CIVIL WRIT PETITION NO.4849/2013

¶448

(Smt. Anita Saral & Anr. Vs. State of Rajasthan & Ors.)

¶449

AND

¶450

S.B. CIVIL WRIT PETITION NO.4861/2013

¶451

(Kamlesh Kumar Sharma & Anr. Vs. State of Rajasthan & Ors.)

¶452

AND

¶453

S.B. CIVIL WRIT PETITION NO.4962/2013

¶454

(Mahesh Kumar Vs. State of Rajasthan & Ors.)

¶455

AND

¶456

S.B. CIVIL WRIT PETITION NO.5097/2013

¶457

(Neeraj Singh Vs. State of Rajasthan & Ors.)

¶458

AND

¶459

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶460

¶461

S.B. CIVIL WRIT PETITION NO.2648/2013

¶462

(Rodu Lal & Ors.Vs. State of Rajasthan & Ors.)

¶463

AND

¶464

S.B. CIVIL WRIT PETITION NO.4286/2012 (Amit Kumar Anr.Vs. State of Rajasthan & Ors.)

¶465

AND

¶466

S.B. CIVIL WRIT PETITION NO.4908/2013 (Shankar Lal Yadav Vs. State of Rajasthan & Ors.)

¶467

AND

¶468

S.B. CIVIL WRIT PETITION NO.4982/2013

¶469

(Neeru Devi Vs. State of Rajasthan & Ors.)

¶470

AND

¶471

S.B. CIVIL WRIT PETITION NO.3156/2013

¶472

(Jitendra Kumar & Ors. Vs. State of Rajasthan & Ors.)

¶473

AND

¶474

S.B. CIVIL WRIT PETITION NO.4088/2013

¶475

(Mahaveer Saini Vs. State of Rajasthan & Ors.)

¶476

AND

¶477

S.B. CIVIL WRIT PETITION NO.4100/2013

¶478

( Bansi Lal &Ors.Vs. State of Rajasthan & Ors.)

¶479

AND

¶480

S.B. CIVIL WRIT PETITION NO.4110/2013

¶481

(Rajesh Meena & Ors. Vs. Principal Secretary, Rural Development & Panchayati Raj Deptt.& Ors.)

¶482

AND

¶483

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶484

¶485

S.B. CIVIL WRIT PETITION NO.4154/2013

¶486

(Bal Kishan Panwariya Vs. State of Rajasthan & Ors.)

¶487

AND

¶488

S.B. CIVIL WRIT PETITION NO.4192/2013

¶489

(Prabhu Dayal Bairwa & Ors.Vs. State of Rajasthan & Ors.) AND

¶490

S.B. CIVIL WRIT PETITION NO.4241/2013

¶491

(Rambabu sharma Vs. State of Rajasthan & Ors.)

¶492

AND

¶493

S.B. CIVIL WRIT PETITION NO.4242/2013

¶494

( Mukesh Kumar Sharma Vs. State of Rajasthan & Ors.)

¶495

AND

¶496

S.B. CIVIL WRIT PETITION NO.4247/2013

¶497

(Babu Lal Kumhar Vs. State of Rajasthan & Ors.)

¶498

AND

¶499

S.B. CIVIL WRIT PETITION NO.4564/2013

¶500

(Mahendra Singh Vs. State of Rajasthan & Ors.)

¶501

AND

¶502

S.B. CIVIL WRIT PETITION NO.4668/2013

¶503

(Pradeep Kumar Jain & Ors. Vs. State of Rajasthan & Ors.)

¶504

AND

¶505

S.B. CIVIL WRIT PETITION NO.4941/2013

¶506

(Ms Shimla Swami Vs. State of Rajasthan & Ors.)

¶507

AND

¶508

S.B. CIVIL WRIT PETITION NO.4982/2013

¶509

(Neeru Devi Vs. State of Rajasthan & Ors.)

¶510

AND

¶511

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶512

¶513

S.B. CIVIL WRIT PETITION NO.5018/2013

¶514

(Ram Swaroop Sharma Vs. State of Rajasthan & Ors.)

¶515

AND

¶516

S.B. CIVIL WRIT PETITION NO.5020/2013

¶517

(Mamta Kumari Sharma Vs. State of Rajasthan & Ors.) AND

¶518

S.B. CIVIL WRIT PETITION NO.5021/2013

¶519

(Subita Vs. State of Rajasthan & Ors.)

¶520

AND

¶521

S.B. CIVIL WRIT PETITION NO.5037/2013

¶522

(Uttam Chand Vs. State of Rajasthan & Ors.)

¶523

AND

¶524

S.B. CIVIL WRIT PETITION NO.5038/2013

¶525

(Hari Kishan Meena Vs. State of Rajasthan & Ors.)

¶526

AND

¶527

S.B. CIVIL WRIT PETITION NO.5039/2013

¶528

(Kunwar Chand Vs. State of Rajasthan & Ors.)

¶529

AND

¶530

S.B. CIVIL WRIT PETITION NO.5040/2013

¶531

(Mohar Singh Vs. State of Rajasthan & Ors.)

¶532

AND

¶533

S.B. CIVIL WRIT PETITION NO.5041/2013

¶534

(Rukmani Nandan Sharma Vs. State of Rajasthan & Ors.)

¶535

AND

¶536

S.B. CIVIL WRIT PETITION NO.5042/2013

¶537

(Ram Karan Vyas Vs. State of Rajasthan & Ors.)

¶538

AND

¶539

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶540

¶541

S.B. CIVIL WRIT PETITION NO.5043/2013

¶542

(Narayan Lal Vs. State of Rajasthan & Ors.)

¶543

AND

¶544

S.B. CIVIL WRIT PETITION NO.5044/2013 (Kailash Chand Meena Vs. State of Rajasthan & Ors.) AND

¶545

S.B. CIVIL WRIT PETITION NO.5056/2013

¶546

(Ram Khilari Jataw Vs. State of Rajasthan & Ors.)

¶547

AND

¶548

S.B. CIVIL WRIT PETITION NO.5115/2013

¶549

(Narendra Kumar Kajala Vs. State of Rajasthan & Ors.)

¶550

AND

¶551

S.B. CIVIL WRIT PETITION NO.5119/2013

¶552

(Dinesh Pal Vs. State of Rajasthan & Ors.)

¶553

AND

¶554

S.B. CIVIL WRIT PETITION NO.5125/2013

¶555

(Man Singh Meena Vs. State of Rajasthan & Ors.)

¶556

AND

¶557

S.B. CIVIL WRIT PETITION NO.5127/2013

¶558

(Parvat Singh Vs. State of Rajasthan & Ors.)

¶559

AND

¶560

S.B. CIVIL WRIT PETITION NO.5130/2013

¶561

(Smt. Sandhya Sharma Vs. State of Rajasthan & Ors.)

¶562

AND

¶563

S.B. CIVIL WRIT PETITION NO.5135/2013

¶564

(Bajrang Lal Sharma Vs. State of Rajasthan & Ors.)

¶565

AND

¶566

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶567

¶568

S.B. CIVIL WRIT PETITION NO.5147/2013

¶569

(Vijay Singh Gajraj Vs. State of Rajasthan & Ors.)

¶570

AND

¶571

S.B. CIVIL WRIT PETITION NO.5169/2013

¶572

(Mohan Lal Vs. State of Rajasthan & Ors.) AND

¶573

S.B. CIVIL WRIT PETITION NO.5170/2013

¶574

(Suresh Kumar Verma & Ors. Vs. State of Rajasthan & Ors.)

¶575

AND

¶576

S.B. CIVIL WRIT PETITION NO.5191/2013

¶577

(Puran Singh Rathore Vs. State of Rajasthan & Ors.)

¶578

AND

¶579

S.B. CIVIL WRIT PETITION NO.3544/2013

¶580

(Mukesh Chand Sharma Vs. State of Rajasthan & Ors.)

¶581

AND

¶582

S.B. CIVIL WRIT PETITION NO.3545/2013

¶583

(Charan Das Agarwal Vs. State of Rajasthan & Ors.)

¶584

AND

¶585

S.B. CIVIL WRIT PETITION NO.3552/2013

¶586

(Keval Ram Meena Vs. State of Rajasthan & Ors.)

¶587

AND

¶588

S.B. CIVIL WRIT PETITION NO.3553/2013

¶589

(Devendra Singh Vs. State of Rajasthan & Ors.)

¶590

AND

¶591

S.B. CIVIL WRIT PETITION NO.3977/2013

¶592

(Kadu Ram Meena Vs. State of Rajasthan & Ors.)

¶593

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶594

¶595

Date of Order : 02^nd April, 2013

¶596

HON'BLE MR. JUSTICE M.N. BHANDARI

¶597

Mr.S.P.Sharma, Sr. Adv. with Mr.Gaurav Sharma ] Mr.Ashok Bansal ] Mr.Hanuman Choudhary ] Mr.Dharamveer Tholia ] Mr.Saransh Saini ] Mr.Vigyan Shah ] Mr.Laxmi Kant ] Mr.Tanveer Ahmed ] Mr.Anoop Dhand ] Mr.Anurag Sharma ] Mr.Ajay Gupta ] Mr.Akhil Simlote ] Dr.Y.C.Sharma ] Mr.Hari Krishan Sharma ] Mr.Laxmi Kant Sharma ] Mr.Naval Singh Sikarwar ] Mr.Ram Pratap Saini ] Mr.Sandeep Saxena ] Mr.Babu Lal Sharma ] Mr.Gajendra Singh Rathore ] Mr.Sandeep Garssa ] Mr.S.K.Saksena ] Mr.Dharmendra Pareek ] Mr.Naveen Dhuwan ] Mr.Surendra Kumar Nagar ] Mr.Praveen Jain ] Mr.Suresh kumar Pareek ] Mr.Mohar Pal Meena ] Mr.Samit Bishnoi ] Mr.S.S.Hasan ] Mr.D.S.Kurka ] Mr.Govind Gupta ] Mr.Vijay Pathak ] Mr.D.K.Bhardwaj ] Mr.A.R.Meena ] Mr.Sunil Kumar Singodiya ] Mr.Raj Kumar Goyal ] Ms.Suman Sharma ]

¶598

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶599

24 Mr.Ashok Yadav ] Mr.Vinod Kumar Sharma ] Mr.Raj Kumar Kasana ] Mr.H.V.Nandwana ] Mr.Gajendra Sharma ] Mr.Manish Sharma ] Mr.Vinod Gupta ] Mr.R.A.Verma ] Mr.Imran Khan ] Mr.Hem Singh Rathore ] Mr.Manoj Kumar Madhani ] Mr.D.P.Sharma ] Mr.Yogesh Kumar Sharma ] Mr.Mahipal Kharra ] Ms.Rekha Arora ] Mr.Mahendra Sharma ] Mr.Amit Singh Shekhawat ] Mr.Kapil Choudhary ] Mr.R.S.Jogi ] Mr.H.P.Singh ], for the petitioner/s.

¶600

Mr.S.N.Kumawat, Additional Advocate General.

¶601

BY THE COURT:

¶602

All these writ petitions pertain to selection on the post of Lower Division Clerk (for short “LDC”) in the Rural Development and Panchayati Raj Department (for short “Department”) pursuant to the advertisement dated 12.02.2013.

¶603

The petitioners have manifold grievances in respect of selection to the post aforesaid.

¶604

Learned counsel for the petitioners submit that the

¶605

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶606

¶607

candidates gained experience on various posts mentioned in the Notification dated 17.12.2012, amending rule 273 of Panchayati Raj Rules, 1996 (for short “Rules of 1996”) followed by further amendment vide Notification dated 29.01.2013 are not given experience certificate to obtain ten bonus marks for each year subject to maximum of 30. It is precisely on the ground that they are not presently working with the respondents on any of the posts mentioned in the amended rules. A candidate obtained experience and has not been continued by the respondent/s should not be deprived to get benefit of experience.

¶608

The other issue is regarding denial of experience certificate to those, who were engaged through placement agency, though worked on the post mentioned in the amended rules either under Mahatma Gandhi National Rural Employment Guarantee Act (for short “MNREGA”) or under any of the schemes under the Department.

¶609

The third issue is regarding age. It is stated that at the time of engagement of petitioners under MNREGA or under any of the schemes of the Department, minimum age was 21 years and maximum age was 50 years, thus they should not be rendered

¶610

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶611

¶612

ineligible on the ground of overage.

¶613

It is lastly urged that while working in any of the schemes under the Department, the petitioners should not be deprived to get experience certificate. Accordingly, it is prayed that direction be given to the respondents that if any of the petitioners are working or worked under any of the schemes of the Department, he would be entitled to the experience certificate.

¶614

While elaborating the arguments, learned counsel for the petitioners prayed for withdrawal of the issue regarding experience certificate to those, who were engaged through placement agency. It is prayed that issue aforesaid may be allowed to be withdrawn with liberty to challenge validity of rules before the Division Bench. Accordingly, the issue aforesaid has not been pressed.

¶615

Learned Additional Advocate General Mr.S.N.Kumawat submits that so far as the petitioners, who have earlier worked with the respondents are concerned, they would be granted experience certificate provided they were not terminated with allegation. Clarifying the position, it is stated that experience

¶616

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶617

¶618

certificate would be given to those, who worked on any of the posts mentioned in the amended rules under MNREGA or any of the schemes of the Department by direct contract and not through placement agency irrespective of the fact that they are not working now with the department. A corrigendum to this effect has already been issued and would be endorsed.

¶619

So far as the issue of age is concerned, learned Additional Advocate General submits that as per amended rules, one is entitled for relaxation in age by maximum period of five years thus a candidate cannot pray for age relaxation contrary to the rules so amended vide Notification dated 17.12.2012.

¶620

It is further stated that so far as benefit of experience certificate to those who are working under any of the schemes undertaken by the Department is concerned, it cannot be granted because rules so amended vide Notification dated 29.01.2013 not only specifies the posts which entitle experience certificate but should be under MNREGA or any of the schemes of the Department. The scheme announced by any other department and implemented through the Department would not entitle a person for experience certificate, thus petitioners' prayer for

¶621

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶622

¶623

grant of experience certificate contrary to the rules may not be permitted.

¶624

It is lastly urged that if any of the candidates initially worked through placement agency followed by direct contractual appointment by the Department on any of the posts mentioned under amended rules, would be entitled for experience certificate for the period for which he/she has worked under direct contract with the Department excluding the period he/she worked through placement agency and the same principle will apply vice versa i.e. if initial appointment was through direct contract followed by placement agency then excluding the period through placement agency, experience certificate would be granted for remaining period i.e. through direct contract.

¶625

I have considered rival submissions made by learned counsel for the parties and scanned the matter carefully.

¶626

These matters pertain to selection to the post of LDC pursuant to the advertisement dated 12.02.2013. Before issuance of advertisement, the State Government came up with various

¶627

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶628

29 amendments in the rules. The first Notification was issued on 17.12.2012 to modify Rules 265 and 273 apart from other Rules of 1996 and Schedule appended thereto. The subsequent Notification to further amend rule 273 is vide Notification dated 29.01.2013.

¶629

Since, main issues are in reference to the amendments thus it would be gainful to quote relevant amended provisions for

¶630

ready reference:

¶631

“ Amendment of Rule 265 .-After the existing proviso (x) to rule 265 of the Rajasthan Panchayati Raj Rules, 1996, hereinafter referred to as the said rules, the following new proviso (xi) shall be added, namely-

¶632

“(xi) the upper age limit mentioned above, for the persons who is continuously working on contract basis under any scheme of the Department of Rural Development and Panchayati Raj as Junior Technical Assistant,Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine (except engaged through placement agency), Lekha Sahayak, Lower Division Clerk, Coordinator IEC, Coordinator Training, Coordinator Supervision or on any post, shall be relaxed

¶633

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶634

¶635

by a period equal to the service rendered by him, subject to maximum of 5 years.”

¶636

Amendment of rule 273 .- After the existing proviso to rule 273 of the said rules, the following new proviso shall be added, namely“Provided also that in case of appointment to the post of Lower Division Clerk, merit shall be prepared by the Appointing Authority on the basis of marks obtained in such qualifying academic examination as specified in the schedule I of chapter XII of these rules and such bonus marks as may be specified by the State Government having regard to the length of experience, more than one year, as Junior Technical Assistant,Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine (engaged other than placement agencies), Lekha Sahayak, Lower Division Clerk, Coordinator IEC, Coordinator Training, Coordinator Supervision or any other post under any scheme of the Department of Rural Development and Panchayati Raj.”

¶637

Further amendment in rule 273 vide Notification dated 29.01.2013 :

¶638

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶639

¶640

Amendment of Rule 273 .- The existing second proviso to rule 273 of the Rajasthan Panchayati Raj Rules, 1996, shall be substituted by the following, namely-

¶641

“Provided also that in case of appointment to the post of Lower Division Clerk, merit shall be prepared by the Appointing Authority on the basis of such weightage as may be specified by the State Government for the marks obtained in Senior Secondary or its equivalent examination and such marks as may be specified by the State Government having regard to the length of experience exceeding one year acquired by persons engaged on the post of Junior Technical Assistant (JTA), Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine, Lekha Sahayak, Lower Division Clerk, Coordinator IEC, Coordinator Training, Coordinator Supervision, other than through placement agency, in MGNREGA of in any other scheme of the Department of Rural Development and Panchayati Raj in the State.

¶642

Explanation : Wherever percentage of the marks can not be ascertained due to grade

¶643

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶644

32 awarded to the candidate in the particular examination, the median of the grade awarded to the candidate in such examination shall be basis for the preparation of the merit list.”

¶645

The perusal of the amended rules reveals that rule 273 of the Rules of 1996 was amended twice and last amendment is vide Notification dated 29.01.2013. In the light of the amended rules quoted above, issues raised by learned counsel for the petitioners are required to be dealt with.

¶646

The first issue is regarding experience certificate to those, who had earlier worked on any of the posts mentioned in the amended rules either in MNREGA or under any of the schemes of the Department. Learned Additional Advocate General has placed on record a corrigendum to allow experience certificate to those, who are presently not working but are subject to condition that their earlier engagement should be on direct contract basis and termination is not with allegation. The exclusion is for those, who were engaged through placement agency. In view of corrigendum, the respondents have agreed to issue experience certificate in favour of those who were previously engaged on any of the posts

¶647

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶648

¶649

mentioned in amended rules through direct contract excluding

¶650

those who were terminated with allegation or engaged through placement agency.

¶651

Accordingly, the issue aforesaid is decided in favour of the petitioner/s in the light of the corrigendum issued by the Government dated 28.03.2013. Relevant part of the aforesaid corrigendum is quoted hereunder for ready reference:

¶652

“संिवदा िनयोिजत पूवर् कािमक अनुभव �माण प� ��तुत करने के शतर् पर अनुभव आधािरत अनु�ह अंक �ा� कने के

¶653

पा� होगे. अपरािधक �करण, गबन अथवा अनुशासनहीनता के कारण� से अनुबंध सेवा से हटाये गए कािमक अनुभव आधािरत अनु�ह अंक �ा� करने के पा� नही होगे.”

¶654

Accordingly, the petitioners would be entitled to get

¶655

experience certificate in the light of the corrigendum issued by the respondents. The respondents are directed to issue experience certificate in favour of all the eligible candidates in the light of the corrigendum quoted above subject to other conditions of rules, if experience certificate has not yet been issued. It goes without saying that those, who are working on any of the posts mentioned in the amended rules either under

¶656

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶657

¶658

MNREGA or any of the schemes of the Department, should be granted experience certificate, if it has not yet been given subject to condition that appointment should not be through placement agency and other condition of corrigendum and rules.

¶659

The second issue now remains for relaxation in age.

¶660

Learned counsel for the petitioners have not pressed

¶661

the issue other than for making prayer to allow them to make a representation for relaxation in age pursuant to rule 296 of Rules of 1996.

¶662

Learned Additional Advocate General has agreed for consideration of representations provided representations are given to the Principal Secretary, Panchayati Raj Department by 05^th April, 2013. The representations can be given directly or through counsel. In that case, it is agreed that representation/s would be decided by 15^th April, 2013, and in case of delay, the petitioners would be provisionally allowed to fill the application form subject to final outcome of the representations.

¶663

In view of above, second issue is concluded with

¶664

liberty to the petitioners to make representations either under

¶665

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶666

35 their signatures or through counsel by 05th April, 2013 to the Principal Secretary, Panchayati Raj Department. On receipt of representation/s, same would be decided by 15th April, 2013. In case of delay to decide representation/s, the petitioners would be allowed to fill the form provisionally, despite being overage, subject to final outcome of their representations.

¶667

The third issue pertains to engagement of petitioners in few schemes undertaken by the Department.

¶668

It is stated that Panchayati Raj Department has been assigned few schemes by other departments. The petitioners are working under those schemes thus may be issued experience certificate for their working. Referring to the advertisement and corrigendum, it is stated that few posts and schemes are not included under amended rules but benefit of experience certificate has been allowed to few candidates. A reference of specific scheme and post has been given by referring the advertisement and circular issued by the Government from time to time to allow experience certificate.

¶669

I am not deliberately referring to those circulars and

¶670

advertisements because what can be allowed by the Government

¶671

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶672

¶673

has to be in consonance to rule 273 of the Rules of 1996 and as amended vide Notification dated 29.01.2013. If the rules quoted in preceding paras are looked into, length of experience exceeding one year would be allowed to those, who were engaged on the post of Junior Technical Assistant (JTA), Junior Engineer, Gram Rozgar Sahayak, Data Entry Operator, Computer Operator with Machine, Lekha Sahayak, Lower Division Clerk, Co-ordinator IEC, Coordinator Training, Co-ordinator Supervision other than through placement agency in MGNREGA or under any scheme of the Department of Rural Development and Panchayati Raj. In the light of the statutory provisions, neither the petitioners can claim inclusion of post or scheme not given therein nor the Department can do it without further amendment. Thus Court should not issue direction contrary to the rules and, at the same time, the Government has no authority to issue circular or advertisement in violation of rules. Accordingly, experience certificate can be claimed and may be given to those, who are working on any of the posts mentioned in the amended rules vide Notification dated 29.01.2013 and, that too, under MNREGA or any other schemes of the Department. To clarify the aforesaid, if any candidate has worked on the post not mentioned in the amended rules and is not under MNREGA or any of the schemes of Department, he/she

¶674

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶675

¶676

would not be entitled for experience certificate. The State Government is accordingly directed to regulate their affairs strictly in accordance with the rules and not in violation thereof, thereby if any circular or advertisement has been issued in violation of rules then they are directed to suitably withdraw or modify the terms of advertisement or circular so as to keep it in consonance to the statutory rules.

¶677

In view of above, the issue raised by the petitioners is decided against them. Accordingly, a candidate not working on the post mentioned in the amended rules and otherwise not working under MNREGA or any of the schemes of the Department, would not be entitled for experience certificate. It will, however, not preclude the petitioners to challenge the validity of rules, if they so choose. This judgment will not come in their way for the aforesaid.

¶678

Before parting with the judgment, it is necessary to comment that if any of the petitioners were terminated other than on account of allegation, would be entitled for the experience certificate as agreed by the Additional Advocate General but on the condition that their engagement should be on direct contract

¶679

S.B. CIVIL WRIT PETITION NO.3313/2013 (Rakesh Kumar Gupta & Ors. Vs. State of Rajasthan & Ors.) along with others

¶680

¶681

basis on any of the posts under MNREGA or any of the schemes of Department and termination was not on account of allegation. Their engagement should not be through placement agency. For illustration, if somebody was discontinued with efflux of period of agreement or resigned apart from such similar reasons where no allegation exists against the employee then he/she would be entitled to experience certificate for the period work has been undertaken. It would be as per the corrigendum issued for issuance of experience certificate and subject to rules. It should be for the period of actual working without a cut off date.

¶682

With the aforesaid observations and directions, all the writ petitions are disposed of so as the stay applications.

¶683

(M.N. BHANDARI), J.

¶684

S/No.116 Preety, Jr.P.A.

¶685

All cor r ect ion s m ad e in t h e j u d gm en t / or d er h ave been in cor por at ed in t h e j u dgm en t / or der bein g em ailed.

¶686

Pr eet y Asop a Jr .P.A.

Narendra Kumar Kajala v. State Panchyati Raj Dep Ors.

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Narendra Kumar Kajala v. State Panchyati Raj Dep Ors.

Case brief

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