In the High Court of Rajasthan Bench at Jaipur, Justice Anoop Kumar Dhand dismissed a writ petition seeking O.B.C. reservation and appointment as a Teacher Gr. III. The Court held that the selection process was completed and all posts filled, so no relief was granted at this stage.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3562/2007
Sukhpal Singh S/o Shri Yograj Singh, Infront Of Chouhan House, Fatehpur Shekhawati, Distt. Sikar, Rajasthan
----Petitioner
Versus
----Respondents
For Petitioner(s) : None. For Respondent(s) : Mr. Monu Kumar for Mr. Imran Khan, AGC
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
24/08/2023
Instant petition has been filed by the petitioner with the
following prayer:
“It is, therefore, respectfully prayed that your Lordships may pleased to accept and allow the Writ Petition and by an appropriate writ, order or direction :-
i) the respondents may kindly be directed to provide the benefit of reservation to the humble petitioner in the category of O.B.C. and they may be further directed to give appointment to the petitioner on the post of Teacher Gr. III; ii) any other order or direction which this Hon'ble Court deems fit may also be passed in the facts and circumstances of the case.”
By way of filing instant petition, the petitioner is seeking directions against the respondents to grant him benefit of
[CW-3562/2007]
reservation of the category of other backward class and consider his case for appointment on the post of Teacher Gr.III.
At the outset it has been observed by this Court that the entire selection process arising out of the advertisement in question has been completed long back and all advertised posts have been filled and no posts are lying vacant. Hence, at this belated stage, no relief can be granted to the petitioner.
The writ petition is dismissed accordingly. Pending applications, if any, also stand dismissed.
(ANOOP KUMAR DHAND),J
KuD/60
2 issues framed by the court
Whether the petitioner is entitled to the benefit of reservation for the O.B.C. category and appointment on the post of Teacher Gr. III.
Whether a writ petition regarding a completed selection process with no vacancies can be entertained at a belated stage.
Sukhpal Singh S/o Shri Yograj Singh
Rajasthan Public Service Commission, Ajmer Through Its Secretary
State Of Rajasthan Through Secretary, Department Of Personnel, Government Secretariat, Jaipur
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
