Allowed

Tanu Ram v. the State of Rajasthan

Rajasthan HC18 Jan 2019CW/411/2019

Case brief

AI extract

What is this about?

A Single Judge allowed a writ petition by Government teachers, directing the State to grant pay fixation and seniority benefits on a notional basis from the date junior candidates were appointed in the same 2012 recruitment process, applying the principle from Surja Ram.

What did the court decide?

Direct extension of pay fixation and seniority benefits on notional basis from the date juniors were appointed; direction to pass speaking order within 30 days.

Tanu Ram Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 411/2019

¶3

Tanu Ram S/o Jai Ram, Aged About 28 Years, R/o Village And Post Sanwa, Tehsil Sedwa, District Barmer (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Mesu Ki Dhani, Rabasar, P.s. Dhanau, District Barmer)

¶4

Chandra Shekhar S/o Pooran Chand,, Aged About 44 Years, R/o Pataniya Mohalla, Ward No. 7, Khairthal, District Alwar (Raj.). (Posted Teacher Grade Iii Level-Ii Science Maths At Gups, Myalo Ki Basti, Kaprau, P.s. Chohatan, District Barmer).

¶5

Jitendra Kumar Mandiya S/o Ramdhan Mandiya,, Aged About 29 Years, R/o Prakash Nagar, Mahawar Colony, Near Jadav Fatak, Tehsil And District Dausa (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Baredi Dhani, Dob Khalsa, Dob Jagir, P.s. Lalsot, District Dausa).

¶6

Devi D/o Bhagirath Ram Vishnoi,, Aged About 33 Years, R/o Village And Post Sangrawa, Tehsil Chitalwana, District Jalore (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Julani Nadi, Dhamana, P.s. Sanchore, District Jalore).

¶7

Mohan Lal S/o Simartha Ram,, Aged About 27 Years, R/o Nand Ram Ki Dhani, Dharasa, Tehsil Chohtan, District Barmer (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Vislanion Ka Tala, Buth Jetmal, P.s. Dhorimanna, District Barmer).

¶8

Vikram Singh S/o Durga Prasad Meena,, Aged About 33 Years, R/o Village Tiba- Basai, Tehsil Khetri, District Jhunjhunu. At Present Village Arang, Tehsil Shiv, District Barmer (Raj.). (Posted Teacher Grade Iii Level-Ii Social Science At Gups, Devalpura, Arang, P.s. Shiv, District Barmer).

¶9

Kanhaiya Lal Meena S/o Narayan Lal Meena,, Aged About 31 Years, R/o Village And Post Beelwa, Nadi Ki Dhani, Tehsil Sanganer, District Jaipur (Raj.). (Posted Teacher Grade Iii Level-Ii English At Gups, Thalodo Ki Dhani, Ranasar Kalan, P.s. Dhorimanna, District Barmer).

¶10

Dhanraj Meena S/o Sukhpal Meena,, Aged About 34 Years, R/o Village Nalawata, Post Binayaka, Tehsil Pipalda, District Kota (Raj.). (Posted Teacher Grade Iii Level-Ii Social Science At Guups, Maharajpura, P.s. Manohar

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(2 of 8)

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[CW-411/2019]

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Thana, District Jhalawar).

¶14

Suresh Kumar Meena S/o Chaturbhuj Meena,, Aged About 30 Years, R/o Village Kharediya Post Badbadh, Tehsil Manohar Thana, District Jhalawar (Raj.). (Initially Posted As Teacher Grade Iii Level I At Gps, Raipurya, P.s. Chitalwana, District Jalore. Presently Posted At Guups, Maharajpura, P.s. Manohar Thana, Dist. Jhalawar).

¶15

Kanhailal Meena S/o Murlidhar Meena,, Aged About 29 Years, R/o Village And Post Luhawad, Tehsil Pipalda, District Kota (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Gopal Kho Majara, Khanpuriya, Semlinat, P.s. Manohar Thana, District Jhalawar).

¶16

Tara Chand S/o Prema Ram,, Aged About 28 Years, R/o Meghwalo Ka Pada, Gadra Road, Tehsil Gadra Road, District Barmer (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Pire Ka Par, Padriya P.s. Ramser, District Barmer).

¶17

Kamlesh Kumar S/o Amara Ram,, Aged About 28 Years, R/o Village And Post Gadra Road, Tehsil Gadra Road, District Barmer (Raj.). (Posted Teacher Grade Iii Level-I At Gups, Meghwal Basti, Panela, P.s. Gadra Road, District Barmer).

¶18

Harchand Ram S/o Bhagwana Ram,, Aged About 39 Years, R/o Village And Post Gadra Road, Tehsil Gadra Road, District Barmer (Raj). (Posted Teacher Grade Iii Level-I At Gps, Malana, Jaisindar Gaon, P.s. Gadra Road, District Barmer).

¶19

Satish Chand Jatav S/o Kishanlal Jatav,, Aged About 26 Years, R/o Vpo Haldina Tehsil Malakhera, District Alwar (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Chawandi, P.s. Kotkasim, District Alwar).

¶20

Mintu D/o Bhagirath,, Aged About 28 Years, R/o Village And Post Jabrasar, Tehsil Nohar, District Hanumangarh (Raj.). (Posted Teacher Grade Iii Level-I At Gups, Kartiyas, P.s. Gangrar, District Chittorgarh).

¶21

Priyanka Mourya D/o Vidyadhar Mourya W/o Kishore Kumar Kataria,, Aged About 28 Years, R/o Ward No. 02, Vpo Dundlod, District Jhunjhunu (Raj.). (Posted Teacher Grade Iii Level-Ii Social Studie At Ggups, Kyamsar, P.s. Molasar, District Nagaur).

¶22

Sarita D/o Dramakishan Lamror,, Aged About 26 Years, R/o Paliyas, Tehsil Degana, District Nagaur (Raj.). (Posted

¶23

(3 of 8)

¶24

[CW-411/2019]

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Teacher Grade Iii Level-I At Gps, Bassi Ki Dhani, Padoo Kalan, P.s. Riyan Badi, District Nagaur).

¶26

Ramkishor Meghwal S/o Sukharam,, Aged About 25 Years, R/o Village And Post Ganthiya, Tehsil Merta City, District Nagaur (Raj.). (Posted Teacher Grade Iii Level-Ii At Gups, Gol, P.s. Riyan Badi, District Nagaur).

¶27

Kamlesh Raiswal D/o Lakshman Lal Bairwa,, Aged About 35 Years, R/o Vpo Ramgarh, Tehsil Mahuwa, District Dausa (Raj.). (Posted Teacher Grade Iii Level-I At Gups, Gauravpura (Lunwa) P.s. Nawa, District Nagaur).

¶28

Babali Saini D/o Matadeen Saini,, Aged About 30 Years, R/o Kingfisher Residency Bhiwadi, Flat No. 2, Tehsil Tijara, District Alwar (Raj.). (Posted Teacher Grade Iii Level-I At Gups, Thada, P.s. Tijara, District Alwar).

¶29

Rama Labaniya D/o Kaluram Labaniya,, Aged About 27 Years, R/o Village Dhaki, Post Bandhara, Tehsil Tijara, District Alwar (Raj.). (Posted Teacher Grade Iii Level-I At Gups, Bandhra, P.s. Tijara, District Alwar).

¶30

Shankar Lal Meena S/o Suwa Lal Meena,, Aged About 34 Years, R/o Village Kaan Ki Jhopadiyan, Post Dugari, Tehsil Nainwan, District Bundi (Raj.). (Posted Teacher Grade Iii Level-Ii Hindi At Gups, Balapura Alod, P.s. Hindoli, District Bundi).

¶31

Poonam Kumari D/o Tara Chand,, Aged About 26 Years, R/o Vpo Jheegar Chhoti, Tehsil Dhod, District Sikar (Raj.). (Posted Teacher Grade Iii Level-Ii Science Maths At Gups, Sodho Ki Dhani, Gol Station P.s. Balotra, District Barmer).

¶32

Khelanta Meena S/o Mansingh Meena,, Aged About 27 Years, R/o Village Kawed, Post Jonla, Tehsil Chauth Ka Barwara, District Sawai Madhopur (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Teliya Nadi, Bhadla, P.s. Panchu, District Bikaner).

¶33

Hemlata D/o Gordhan Singh Chowddhary W/o Chandan Chowdhary,, Aged About 34 Years, R/o Kishan Kanya Chhatrawas Road, Baldev Nagar, Near Nawala Ki Chakki, Barmer (Raj.) (Posted Teacher Grade Iii Level-I At Ggups, Gunga, P.s. Shiv, District Barmer).

¶34

Rajesh Kumar Meena S/o Gauta Lal Meena,, Aged About 30 Years, R/o Village And Post Achalpur, Tehsil And District Pratapgarh (Raj.). (Posted Teacher Grade Iii Level-Ii Social Studies At Gups, Akshayur, P.s. Pratapgarh,

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(4 of 8)

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[CW-411/2019]

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District Pratapgarh.).

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Pavan Raidas D/o Ram Lal Raidas W/o Gopal Raidas,, Aged About 46 Years, R/o Village Panmodi, Tehsil And District Pratapgarh (Raj.). (Posted Teacher Grade Iii Level-I At Gps, Aamlifala, Bordi, P.s. Pratpagarh, District Pratapgarh).

¶39

Virendra Kala S/o Ramniwas Kala,, Aged About 29 Years, R/o Village And Post Balaya, Tehsil Mundwa, District Nagaur (Raj.). (Posted Teacher Grade Iii Level-I At Gups, Akla No. 3, Brahamno Ki Dhani, Hamirana, P.s. Khinwsar,district Nagaur).

¶40

Saindaram S/o Mehram,, Aged About 27 Years, R/o Village Hilodi, Post Gwalu, Tehsil Mundwa, District Nagaur (Raj.). (Posted Teacher Grade Iii Level-I At Gups, Akla No. 3 (Brahmno Ki Dhani, Hamirana, P.s. Khinwsar, District Nagaur).

¶41

Surendra Kalwa S/o Radheshyam,, Aged About 26 Years, R/o Vpo Dhawa, Tehsil Merta City, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-Ii At Gups, Akla No. 3 (Brahmno Ki Dhani, Hamirana, P.s. Khinwsar, District Nagaur).

¶42

Mahendra Puniya S/o Chhotu Ram Puniya,, Aged About 28 Years, R/o Village Indas, Post Gogelav, Tehsil And District Nagaur (Raj.). (Posted As Teacher Grade Iii LevelI At Gps, Ramdev Ji Ka Gala, Potliya Manjra, P.s. Nagaur, District Nagaur).

¶43

Muslim Daiya S/o Anwar Daiya,, Aged About 26 Years, R/o 110 Teliyo Ka Mohalla, Khinyala, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-Ii Scinece Maths At Gups, Gujriyawas, P.s. Jayal, District Nagaur).

¶44

Raju Ram Lega S/o Om Prakash,, Aged About 29 Years, R/o Village And Post Khajwana, Tehsil Mundwa, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Girawandee (Dehru), P.s. Khinwsar, District Nagaur).

¶45

Dashrath Singh Yadav S/o Pema Ram Yadav,, Aged About 33 Years, R/o Vpo Tarnau, Tehsil Jayal, District Nagaur (Raj.). (Posted As Teacher Grade Iii Level-Ii At Gups, Silariya, P.s. Jayal, District Nagaur).

¶46

Hari Singh Choudhary S/o Ghasi Ram,, Aged About 26 Years, R/o Village Gadhi, Post Harnawa Patti, Via Badu, Tehsil Parbatsar, District Nagaur, (Raj.). (Posted As

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(5 of 8)

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[CW-411/2019]

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Teacher Grade Iii Level-I At Ggups, Kurada, P.s. Parbatsar, District Nagaur).

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Deepak Kumar Mahawar S/o Ramji Lal Mahawar,, Aged About 29 Years, R/o 22 Meel, Vpo Didwana, Tehsil Lalsot, District Dausa (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Salagrampura, Chandsen, P.s. Lalsot, District Dausa).

¶51

Manisha Kumari Yadav D/o Vinod Yadav,, Aged About 28 Years, R/o Near Sindhi Gurudwara, Shubh House, Jai Hind Nagar, Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Temba, Mada, P.s. Dungarpur, District Dungarpur).

¶52

Praveen Kumar Parmar S/o Bada Parmar,, Aged About 28 Years, R/o Vpo Devali, Post Paldara, Via Damari, District Dungarpur (Raj.). (Posted As Teacher Grade Iii Level-I At Gps, Nai Basti, Badela Shishot, P.s. Chikhali, District Dungarpur).

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----Petitioners

¶54

Versus

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The State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur, Rajasthan.

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The Director, Elementary Education, Rajasthan, Bikaner.

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The Chief Executive Officer, Zila Parishad, Barmer.

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The District Education Officer, Elementary, Barmer.

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The Chief Executive Officer, Zila Parishad, Dausa.

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The District Education Officer, Elementary, Dausa.

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The Chief Executive Officer, Zila Parishad, Jalore.

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The District Education Officer, Elementary, Jalore.

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The Chief Executive Officer, Zila Parishad, Jhalawar.

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The District Education Officer, Elementary, Jhalawar.

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The Chief Executive Officer, Zila Parishad, Alwar.

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The District Education Officer, Elementary, Alwar.

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The Chief Executive Officer, Zila Parishad, Chittorgarh.

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The District Education Officer, Elementary, Chittorgarh.

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The Chief Executive Officer, Zila Parishad, Nagaur.

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The District Education Officer, Elementary, Nagaur.

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(6 of 8)

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[CW-411/2019]

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The Chief Executive Officer, Zila Parishad, Bundi.

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The District Education Officer, Elementary, Bundi.

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The Chief Executive Officer, Zila Parishad, Bikaner.

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The District Education Officer, Elementary, Bikaner.

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The Chief Executive Officer, Zila Parishad, Pratapgarh.

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The District Education Officer, Elementary, Pratapgarh.

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The Chief Executive Officer, Zila Parishad, Dungarpur.

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The District Education Officer, Elementary, Dungarpur.

¶81

----Respondents

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For Petitioner(s) : Mr. Ramesh Kumar For Respondent(s) :

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Judgment / Order

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18/01/2019

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Learned counsel for the petitioners submits that the issue involved in present writ petition is squarely covered by the judgment rendered by Jaipur Bench of this Court in case of Surja Ram & Ors. Vs. State of Rajasthan & Ors. – S.B.C.W. No. 3082/2018 , decided on 09.02.2018. The judgment reads as under:-

¶87

“The controversy raised in the instant writ application is no more res-integra in view of the adjudication made in the case of Suman Bai & Anr. Vs. State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, wherein the Coordinate Bench of this Court observed thus: “5. Upon consideration of the arguments aforesaid and the judgment of the Divisionm Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification mapplication of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be

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(7 of 8)

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[CW-411/2019]

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assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared 6 lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.

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I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of 7 the candidates in the merit list based on common selection. Even otherwise, no such intention of the Court is discernible from reading of that judgment. Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.

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In the result, this writ petition is allowed and the respondents are directed to treat the

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(8 of 8)

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[CW-411/2019]

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petitioners senior to respondents No.4 to 8 as per their placement in the merit list.”

¶96

Applying the principle, as extracted hereinabove, to the facts of the case at hand the factual position emerges is that the petitioners participated in the recruitment process in response to advertisement issued by Zila Parishad in the year 2012, inviting the applications from the eligible candidates for appointment on the post of Teacher Grade III. It is also not in dispute that the petitioners earlier instituted writ applications and as a consequence of directions issued by this Court, the result was revised in the month of November, 2016; resulting into appointment of the petitioners on the post of Teacher Grade III (Level I/Level-II).

¶97

Undeniably, the petitioners have already been accorded appointment. However, State-respondents have declined seniority and other benefits to the petitioners from the date the petitioners became entitled on account of revision of the result while candidates lower in merit to the petitioners have been accorded those benefits. Thus, the petitioners have claimed benefit of pay fixation and seniority on notional basis from the date juniors to the petitioners, have been accorded in the same recruitment process of the year 2012.

¶98

Accordingly, the State-respondents are directed to extend the benefit of pay fixation and seniority on notional basis to the petitioners from the date junior(s) to the petitioner(s) has/have been accorded with reference to the same recruitment process of the year of 2012.

¶99

In view of above, the writ petition is disposed of with a direction to the respondents to decide the issue of petitioners in terms of the judgment of Surja Ram (Supra) by a speaking order within a period of 30 days from today.

¶100

(ARUN BHANSALI),J

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31-Hanuman/-

Tanu Ram v. the State of Rajasthan

Case brief

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Tanu Ram v. the State of Rajasthan

Case brief

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