A Division Bench of the Rajasthan High Court at Jodhpur disposed of multiple connected writ petitions concerning recruitment irregularities by following a recent order passed in the earlier Division Bench judgment of Rajasthan High Court at Jaipur without engaging in the merits.
Petitions disposed of in terms of the order passed in Rajat Yadav case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 17707/2023
Bhumika D/o Shri Rakesh Kumar, Aged About 26 Years, Resident Of Ward No. 33, Poonia Colony, Churu, Rajasthan
----Petitioner
Versus
Connected With
D.B. Civil Writ Petition No. 17811/2023
Kailash Singh Rajpurohit S/o Shri Badri Singh, Aged About 40 Years, Kheteshwar Villa, Near Ram Mandir, Tartoli, Abu Road, Dist Sirohi, (Raj.).
----Petitioner
Versus
D.B. Civil Writ Petition No. 17841/2023
Ramniwas, R/o 36 Mill Lamba, Jodhpur District Jodhpur
----Petitioner
Versus
D.B. Civil Writ Petition No. 16540/2023
Versus
D.B. Civil Writ Petition No. 15234/2023
(2 of 9)
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[CW-17707/2023]
Mahadev Choudhary S/o Shri Harendra Singh, Aged About 27 Years, R/o Village Soyla, Tehsil Baori, District Jodhpur Rural, Rajasthan.
----Petitioner
Versus
Versus
(3 of 9)
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[CW-17707/2023]
Ward No. 01, Adarsh Nagar, Post Menawali, District Hanumangarh, Rajasthan. (Roll No. 685522).
(4 of 9)
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Kota, Rajasthan. (Roll No. 498922).
(5 of 9)
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Versus
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(6 of 9)
Versus
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia. Dr. Nikhil Dungawat. Mr. Khet Singh Rajpurohit. Mr. K.R. Saharan for Mr. Tanwar Singh. Mr. Abhishek Mehta. Mr. Sushil Solanki.
[CW-17707/2023]
| [2023:RJ-JD:39597-DB] | (7 of 9) [CW-17707/20 Mr. Hardik Gautam. Mr. K.S. Solanki. Mr. Anil Bishnoi. |
|---|---|
| For Respondent(s) | : Mr. Pankaj Sharma, AAG assisted by Mr. Rishi Soni. Dr. Sachin Acharya, Sr. Adv. assisted by Mr. Chayan Bothra. Mr. G.R. Punia, Sr. Adv. assisted by Mr. Rajesh Punia. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
20/11/2023
“9.29 Consequently, all these petitions are disposed off with following directions:
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in the Open/General category list or there respective reserve category list then:
(i) If they have already been allowed to provisionally appear in the Typewriting Test on Computer, subject to they having secured minimum qualifying marks in Typewriting Test, their aggregate marks obtained in the written examination and Typewriting Test shall be drawn up.
(ii) Those, who have not been allowed to provisionally appear in the Typewriting Test, they will be entitled to appear in the Typewriting Test and for this purpose, the respondents shall hold Typewriting Test on Computer for such candidates, subject to they having obtained minimum qualifying marks in the Typewriting Test, their aggregate marks obtained in written examination and Typewriting Test shall also be drawn up.
(D) The merit list in the Open/General category and the respective reserve category shall be re-worked. If the petitioners herein are included either in the Open/General category list on the basis of their merit, they shall be offered appointment against posts in General/Open category, subject to the condition that they are fulfilling all other requirements. Similarly, those petitioners, who have been able to secure a place in the merit list of their respective reserve category would be offered appointment against posts in their respective reserved category, subject to fulfilling all other conditions.
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or reserve category, as the case may be, are required to be terminated.
9.30 Aforesaid directions are being issued as the appointments were not made till the date of conclusion of hearing.”
(RAJENDRA PRAKASH SONI),J
(DR.PUSHPENDRA SINGH BHATI), J
5-7, 44 & 83 -89- Jitender
2 issues framed by the court
Whether pending writ petitions concerning recruitment irregularities should be decided on merits given a Division Bench was already seized of the matter.
Whether issues of delay and latches can be examined before the operative order in the main case is complied with.
Colour shows how this judgement treated each authority
Rajat Yadav vs. Rajasthan High Court & Ors.Followed¶168
D.B. Civil Writ Petition No.7564/2023 (Rajat Yadav vs. Rajasthan High Court & Ors.)
Bhumika D/o Shri Rakesh Kumar
Kailash Singh Rajpurohit
Ramniwas
Raman Jhorar
Alpana Kumari
Mahadev Choudhary
PUSHPENDRA SINGH BHATI
RAJENDRA PRAKASH SONI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
