Petitioners appointed as Physical Training Instructors faced show cause notices during probation alleging false information in their applications. The court directed them to file representations with documents, to be adjudicated by speaking order after hearing, in accordance with natural justice.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 335/2025
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Versus
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Connected With
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S.B. Civil Writ Petition No. 451/2025
Hansram Gurjar S/o Ramkishan Gurjar, Aged About 27 Years, R/o Village Pipalkhera, Tehsil Mahwa, District Dausa, Rajasthan .
----Petitioner
Versus
(2 of 12)
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[CW-335/2025]
Rajasthan.
S.B. Civil Writ Petition No. 611/2025
Yogesh Kumar Sharma S/o Chanderkant Sharma, Aged About 28 Years, R/o Brijlal Nagar, Tehsil Malpura, Dist. Tonk, Rajasthan304502.
----Petitioner
Versus
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S.B. Civil Writ Petition No. 622/2025
Bulkesh Kumari D/o Shri Jagmal Singh W/o Kailash Kumar Poonia, Aged About 34 Years, R/o Village Post Maharadasi, Tehsil Mandawa District Jhunjhunu (Rajasthan) Presently Working As Physical Training Instructor (Pti) At Government Senior Secondary School, Garhi Jalim Singh, Block Sevar, District Bharatpur (Rajasthan).
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Versus
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[CW-335/2025]
Jaipur.
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S.B. Civil Writ Petition No. 633/2025
Sunita Meena D/o Shri Munna Lal Meena, Aged About 27 Years, R/o Village Sinoli, Post Nindrada, Dist. And Tehsil Sawai Madhopur, Rajasthan.
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Versus
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S.B. Civil Writ Petition No. 689/2025
Parvin Kumar Vishnoi S/o Manohar Lal, Aged About 25 Years, R/o Sarnau, Jalor Rajasthan 343040
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Versus
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[CW-335/2025]
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S.B. Civil Writ Petition No. 690/2025
Kishan Pal Singh S/o Ganga Singh, Aged About 31 Years, R/o Padava Ke Pass, Kesuwa, Sirohi, Rajasthan 307512
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Versus
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S.B. Civil Writ Petition No. 753/2025
Mahendra Singh Butoliya S/o Shri Ram Lal Butoliya, Aged About 38 Years, R/o Village Sardarpura, Post Rojda, Jothwara, Jaipur, Rajasthan.
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Versus
(5 of 12)
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[CW-335/2025]
Agriculture Management Institute, Durgapura, Jaipur, Rajasthan.
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S.B. Civil Writ Petition No. 797/2025
Satyendra D/o Shri Gordhan Singh, Aged About 31 Years, Resident Of Village Alakhpura Bogan Tehsil Laxmangarh, District Sikar.
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Versus
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S.B. Civil Writ Petition No. 827/2025
Surendra Kumar S/o Shri Gugan Ram, Aged About 36 Years, R/o Village Meharadasi, Tehsil Mandawa, District Jhunjhunu (Rajasthan), Presently Working As Physical Training Instructor (Pti) At Government Upper Primary School, Chistipura, Block Dag, District Jhalawar (Rajasthan).
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Versus
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[CW-335/2025]
Block Dag, District Jhalawar (Rajasthan).
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S.B. Civil Writ Petition No. 880/2025
Rakesh Kumar Palsania S/o Pusp Kumar Palsania, Aged About 31 Years, R/o Itawa Bhopji, Tehsil Chomu, District Jaipur, Rajasthan.
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Versus
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S.B. Civil Writ Petition No. 907/2025
Kusum Lata Gurjar D/o Kanhaiyalal Gurjar, Aged About 33 Years, R/o Village Kolyana, Post Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur, Rajasthan.
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Versus
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[CW-335/2025]
Rajasthan.
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S.B. Civil Writ Petition No. 911/2025
Kiran Yadav D/o Sita Ram Yadav, Aged About 28 Years, R/o Bijli Ghar Ke Pass, Singod Khurd, Viya Khejruli, District Jaipur, Rajasthan.
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Versus
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S.B. Civil Writ Petition No. 1291/2025
Meghana Jat D/o Ratan Lal Jat, Aged About 27 Years, R/o Jat Mohalla, Sultanpura, Bhilwara, Rajasthan.
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Versus
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[CW-335/2025]
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S.B. Civil Writ Petition No. 1435/2025
Surjan Singh S/o Kesar Singh, Aged About 26 Years, R/o Bsnl Colony, B.r. Mirdha College Ke Samne, Quarter No. 35, Nagaur, Rajasthan.
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Versus
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S.B. Civil Writ Petition No. 1977/2025
Lokendra Singh S/o Beeri Singh, Aged About 38 Years, R/o Vijay Nagar Colony, Near Saras, Bharatpur, Rajasthan.
----Petitioner
Versus
(9 of 12)
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[CW-335/2025]
S.B. Civil Writ Petition No. 1979/2025
Sitaram Meena S/o Kishan Lal Meena, Aged About 33 Years, R/o Vpo Khajalpura, Tehsil Chaksu, District Jaipur, Rajasthan.
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Versus
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S.B. Civil Writ Petition No. 2110/2025
Sunil Kumar Devanda S/o Lalchanddevanda, Aged About 27 Years, R/o Devanda Ki Dhani, Rampura Dabri, Jaipur, Rajasthan 303704.
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Versus
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[CW-335/2025]
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Pradesh - 283135
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S.B. Civil Writ Petition No. 2111/2025
Deeparam S/o Shri Bhanwar Lal, Aged About 26 Years, R/o Jakhdo Ka Bas, Kukanda, Jodhpur, Rajasthan 342027.
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Versus
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| For Petitioner(s) | : Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Ms. Mr. |
R.N. Mathur Senior Counsel with Prateek Mathur R.P. Saini with Aamir Khan Himanshu Jain M.F. Baig Avinash Bhardwaj Arun Singh Shekhawat Harendar Neel Rishi Raj Maheshwari Apoorva Agarwal Yashraj Kumawat |
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| For Respondent(s) | : Mr. Mr. Mr. Mr. |
B.S. Chhaba, AAG with Divanshu Saini Vinayan Saran Rahul Gupta |
| Ms. Mr. Mr. Mr. Mr. |
Mansi Sharma Ramdhan, AGC Hardik Singh Sandeep Taneja, AAG Nalin G. Narain |
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Mr. M.M. Ranjan Senior Counsel with Mr. Rohan Agarwal Mr. Pranav Pareek for Mr. Anoop Pareek
HON'BLE MR. JUSTICE SAMEER JAIN Order
07/02/2025
Learned counsel for the petitioners has submitted that pursuant to the advertisement dated 16.06.2022 issued by respondent- Rajasthan Staff Selection Board for the post of Physical Training Instructor, the petitioners have applied for the said post via Online portal.
It is further submitted that the petitioners have furnished the requisite documents including degree certificate, character certificate and others to the respondents. Thereafter, due selection process was carried out, and appointment letters were issued to the successful candidates-petitioners.
Furthermore, it is submitted that show cause notices (page 226) were issued to the petitioners during their probation period, wherein it is alleged by the respondents that the petitioners have provided false and erroneous information and the said information is not duly substantiated by the documents provided by them and it is also alleged that findings of enquiry committee reflects that documents submitted by the petitioners are incorrect.
Additionally, it is submitted that neither the documents which is relied upon by the respondents are provided to the petitioner nor Rule 16(6) and allied Rules of Rajasthan Civil Services (CCA), Rules, 1958 are complied with.
Lastly, it is submitted that the above said inquiries and show cause notices are issued without following the principle of natural
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justice which is violative of Article 14 of Constitution of India. In light of the above said, petitioners have approached this Court anticipating their termination.
Per contra , learned AAG representing State along with Mr. Sandeep Taneja, AAG and Mr. Nalin G. Narain have submitted that respondents have followed the due procedure of law.
It is further submitted that petitioners have no vested right as they are on probation, therefore, petitioners are committing gross fraud by filing the present petitions.
Considering the facts and circumstances and considering the arguments advanced by the learned counsel for the parties, this Court is of the opinion that an appropriate representation along with the requisite documents qua show cause notices be filed by the petitioners to adjudicate the factual issues in the show cause notices. Therefore, with the consent of respective sides, the petition is disposed of with the direction that the said representation filed by the petitioners be adjudicated expeditiously, by way of a speaking order, strictly in accordance with law, complying the principle of natural justice and after according opportunity of hearing to the petitioners.
It is also directed that if a request is made for procurement of documents relied upon by the respondents, the said application be considered by the respondents, in accordance with law, complying the principle of natural justice.
Accordingly, the instant petitions are disposed of. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J
ANIL SHARMA /283-304 except 284
1 issue framed by the court
Whether show cause notices issued during probation alleging false information were valid without complying with Rule 16(6) CCA Rules and natural justice.
2 provisions across 2 enactments
Deepak Kumar Meena
Hansram Gurjar
Yogesh Kumar Sharma
Bulkesh Kumari
Sunita Meena
State Of Rajasthan
Sameer Jain
As recorded by the court registry
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