Disposed

Nafees Hussain Hashmi S/O Noor Mohammed v. the State of Rajasthan

Rajasthan HC20 Jan 2026CW/1264/2026

Case brief

AI extract

What is this about?

A Teacher Gr.III Level 2 Urdu petitioner posted at Barmer despite preferring Jaipur sought posting as per merit-cum-preference, citing lower-merit candidates allotted home districts and a prior comparable case. The court disposed of the petition directing the petitioner to make a representation under a 2020 circular; respondents to decide within four weeks, without expressing any opinion on merits

What the court decided

AI extract

Nafees Hussain Hashmi S/O Noor Mohammed Vs the… — Service and Employment | Rajasthan HC (2026)

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[2026:RJ-JP:2627]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1264/2026

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Nafees Hussain Hashmi S/o Noor Mohammed, Aged About 38 Years, R/o Wardv No.11, Chudi Gharo Ka Mohalla, Ramsar, District Ajmer Rajasthan. (Roll No. 7105174)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Rajasthan, Jaipur.

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The Director, Elementary Education, Rajasthan, Bikaner. 3. The District Education Officer (Elementary Education), Headquarter, Barmer.

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The Chief Executive Officer, Zila Parishad, Barmer.

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----Respondents

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For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Mr. Ashutosh Udawat for Mr. Kapil Prakash Mathur, AAG Mr. Jitendra K. Takar for Mr. S.S. Naruka, AAG

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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20/01/2026

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Instant writ petition is preferred by petitioner with following prayer:

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i. by issuance of an appropriate writ, order or direction, Respondents may kindly be directed to give posting to the petitioner at his desired place/Jaipur District on the post of Teacher Gr. III Level 2 Urdu as per his merit cum preference as the lower meritorious candidates have been allotted home district as per their choices. ii. by issuance of an appropriate writ, order or

(2 of 3)

[2026:RJ-JP:2627]

[CW-1264/2026]

direction Respondents may kindly be directed to give same benefit as given in the case of Kindar Vs. State of Rajasthan & Ors. SBCWP No. 6507/2017 decided on 04.08.2021.

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iii. by issuance of an appropriate writ, order or direction Respondents may kindly be directed to give posting to the petitioner as per his merit cum preference in compliance of circular dated 18.05.2020.

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Mr. Jitendra Kumar Takar for Mr. S.S. Naruka, AAG accepts notice on behalf of respondent Nos. 1 to 3. Mr. Ashutosh Udawat for Mr. K.P. Mathur, AAG accepts notice on behalf of respondent No.4.

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Learned counsel for the petitioner submits that during the recruitment process, petitioner has secured 197.447 marks in OBC category and while filing his preference in counseling, petitioner preferred Ajmer as his first district for posting, for Teacher Gr.III Level 2 Urdu.

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Learned counsel for the petitioner further submits that allotment list dated 12.08.2025 was issued by the Office of Director of Primary Education, Rajasthan for granting first posting to the candidates selected through RPSC, RSSB or any other recruiting agency and as per the aforesaid circular, place of posting shall be assigned as per merit cum preference.

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Learned counsel for the petitioner submits that the persons lower in merit than the petitioner have although been assigned their home district, yet the petitioner despite giving his first preference, the same has not been considered and the petitioner has been posted at Barmer.

[2026:RJ-JP:2627]

[CW-1264/2026]

(3 of 3)

Learned counsel for the petitioner also submits that similar controversy was considered by this Hon’ble Court in the case of Kindar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 6507/2017) decided on 04.08.2021. Thereafter considered and relied by order dated 28.08.2025 in S.B. Civil Writ Petition No.12876/2025 Omprakash Gurjar Vs. State of Rajasthan & Ors .

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In the light of above, the writ petition filed by the petitioner is disposed of with directions to the petitioner to make a representation in the light of circular dated 18.05.2020 issued by the Administrative Reform Department and order dated 04.08.2021 passed by this Court in case of Kindar Vs State of Rajasthan (supra) . In case, the respondents find that the case of the petitioner is covered by the aforesaid circular and order dated 04.08.2021 passed by this Court, then appropriate order for modifying his place of posting may be passed within a period of four weeks from the date of submitting a representation along with certified copy of this order. It is made clear that this Court has not expressed any opinion on merits of the case.

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Instant civil writ petition with pending application(s), if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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MR/321

Nafees Hussain Hashmi S/O Noor Mohammed v. the State of Rajasthan

Case brief

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Nafees Hussain Hashmi S/O Noor Mohammed v. the State of Rajasthan

Case brief

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