State of Rajasthan v. Kuldeep Kumar
Case brief
What is this about?
A Division Bench set aside an order by the learned Single Judge which reviewed/clerified a prior recruitment judgment. The Court held that the justice could not exercise suo moto powers of review without full hearing of all parties, including newly appointed candidates.
What did the court decide?
The order dated 25.02.2021 passed by the learned Single Judge is reversed. The impleaded applications are disposed of. Pending petition regarding select list is to be examined separately.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 357/2021
- State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur.
- The Director, Elementary Education, Rajasthan, Bikaner. ----Appellants
Versus
- Suresh Kumar Jat S/o Ram Nath Jat, Aged About 27 Years, R/o Dhani Jhilwali, Post Dhani Guman Singh, Tehsil Khandela, District Sikar (Raj.)
- Neeraj Kumar S/o Kishan Singh, Aged About 27 Years, R/ o Village Kathera Chouth, Tehsil Deeg, District Bharatpur.
- Nirmala Kumari D/o Bhagirath Mal W/o Suresh Kumar, Aged About 26 Years, R/o Village Mardatu Badi, Post Bibipur Chhota, Tehsil Fatehpur, District Sikar.
- Vinod Kumar S/o Baidhanath Sharma, Aged About 34 Years, R/o Village And Post Pahari, Tehsil Behror, District Alwar.
- Kuldeep Sharma S/o Vishnu Kumar Sharma, Aged About 22 Years, R/o Village And Post Chakeri, Tehsil And District Sawai Madhopur.
Issues for consideration
3 issues framed by the court
Whether the learned Single Judge could exercise suo moto power of review/recall of the order dated 20.07.2020 without hearing all parties concerned.
Whether the clarification on the applicability of 'category-wise reserve list' to posts falling vacant due to non-joining was correctly exercised without full participation of affected persons.
Whether the impugned order dated 25.02.2021 clarifying the recruitment judgment needs to be set aside for lack of full hearing.
Parties & counsel
- appellant
State Of Rajasthan And Others
- respondent
Suresh Kumar Jat S/o Ram Nath Jat And Others
- respondent
Kuldeep Kumar S/o Shri Raji Ram And Others
- respondent
Mahendra Kumar Sharma S/o Jagdeesh And Others
- respondent
Rakesh Kumar S/o Champa Lal Pareek And Others
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- SAW/235/2021
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