1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: JUDGMENT SNO PET RES 1 SBCWP NO.6879/2008 ROSHAN LAL YADAV Vs. STATE & ORS 2 SBCWP NO.4479/2008 KESARI CHAND LUKHA Vs. STATE OF RAJ. & ORS. 3 SBCWP NO.1201/2010 JAGDISH PRASAD BENIWAL Vs. STATE OF RAJ. & ORS. 4 SBCWP NO.1229/2010 KAILASH CHANDRA ACHARYA Vs. STATE OF RAJ. & ORS. 5 SBCWP NO.5725/2008 JOHAR SINGH BENIWAL Vs. STATE OF RAJ. & ORS. 6 SBCWP NO.5733/2008 AJAY KUMAR YADAV Vs. STATE OF RAJ. & ORS. 7 SBCWP NO.6095/2008 RASHID AHMED KURESHI Vs. STATE OF RAJ. & ORS. 8 SBCWP NO.1237/2010 LUMBA RAM CHAUDHARY Vs. STATE OF RAJ. & ORS. 9 SBCWP NO.1238/2010 HARJI RAM PARMAR Vs. STATE OF RAJ. & ORS. 10 SBCWP NO.6532/2008 SMT. NIRMALA CHANDEL Vs. STATE OF RAJ. & ORS. 11 SBCWP NO.6724/2008 SAHADEV RAM GALWA Vs. STATE OF RAJ. & ORS. 12 SBCWP NO.1272/2010 MANOHAR LAL & ORS Vs. STATE OF RAJ. & ORS. 13 SBCWP NO.1286/2010 BUDHKARAN ASHIYA Vs. STATE OF RAJ. & ORS. 14 SBCWP NO.1294/2010 SUNIL BHARDWAJ & ORS Vs. STATE OF RAJ. & ORS. 15 SBCWP NO.1296/2010 ASHVANI KUMAR DAVE & ORS Vs. STATE OF RAJ. & ORS. 16 SBCWP NO.1297/2010 BANSHI LAL SONI Vs. STATE OF RAJ. & ORS. 17 SBCWP NO.1298/2010 SMT. DURGA GAUR & ORS Vs. STATE OF RAJ. & ORS. 18 SBCWP NO.1306/2010 DHANNA LAL SUMAN Vs. STATE OF RAJ. & ORS. 19 SBCWP NO.1311/2010 SHIV PRAKASH Vs. STATE OF RAJ. & ORS. 20 SBCWP NO.1348/2010 SMT. KANCHAN DHAKER Vs. STATE OF RAJ. & ORS. 21 SBCWP NO.1349/2010 MISS. MADHU KUMARI CHIPPA Vs. STATE OF RAJ. & ORS. 22 SBCWP NO.1352/2010 SMT. HEMANT GOYAL Vs. STATE OF RAJ. & ORS. 23 SBCWP NO.1359/2010 MAHESH KUMAR SHARMA Vs. STATE OF RAJ. & ORS. 24 SBCWP NO.1360/2010 RAMCHANDRA MEENA & ANR. Vs. STATE OF RAJ. & ORS. 25 SBCWP NO.1243/2010 SNEHLATA SHARMA & ORS Vs. STATE OF RAJ. & ORS. 26 SBCWP NO.1287/2010 DEEPAK KUMAR Vs. STATE OF RAJ. & ORS. 27 SBCWP NO.1292/2010 KULDEEP SHARMA & ORS Vs. STATE OF RAJ. & ORS. 28 SBCWP NO.1293/2010 HARPAL KAUR & ORS Vs. STATE OF RAJ. & ORS. 2 29 SBCWP NO.1301/2010 HEMRAJ MOTHSARA Vs. STATE OF RAJ. & ANR 30 SBCWP NO.1320/2010 VIRENDRA SINGH Vs. STATE OF RAJ. & ORS. 31 SBCWP NO.1321/2010 KUNTESH KUMAR JOSHI Vs. STATE OF RAJ. & ORS. 32 SBCWP NO.1322/2010 SMT. REKHA JOSHI Vs. STATE OF RAJ. & ORS. 33 SBCWP NO.1323/2010 SMT. ANITA ARORA Vs. STATE OF RAJ. & ORS. 34 SBCWP NO.6871/2008 MAHENDRA KUMAR Vs. STATE OF RAJ. & ORS. 35 SBCWP NO.1339/2010 CHANDRA PRAKASH SINGHVI Vs. STATE OF RAJ. & ORS. 36 SBCWP NO.1341/2010 GOPAL CHAND CHOUHAN Vs. STATE OF RAJ. & ORS. 37 SBCWP NO.8303/2009 NATWAR SINGH Vs. STATE OF RAJ. & ORS. 38 SBCWP NO.6906/2008 LICHAMAN RAM Vs. SECRETARY, DEPT. OF PANCHAYATI & ORS 39 SBCWP NO.959/2010 PRATAP RAM MEENA Vs. STATE OF RAJ. & ORS. 40 SBCWP NO.960/2010 SMT. URMILA SHARMA Vs. STATE OF RAJ. & ORS. 41 SBCWP NO.6953/2008 POORAN SINGH Vs. STATE OF RAJ. & ORS. 42 SBCWP NO.7024/2008 MOHEMMED HAROON Vs. STATE OF RAJ. & ORS. 43 SBCWP NO.1129/2010 KISHORE KUMAR JOSHI Vs. STATE OF RAJ. & ORS. 44 SBCWP NO.9360/2008 HEMANT SINGH SAKTAWAT Vs. STATE OF RAJ. & ORS. 45 SBCWP NO.3891/2008 ISHWAR SINGH & ANR Vs. STATE & ORS 46 SBCWP NO.5152/2008 BHANWAR SINGH Vs. STATE & ORS. 47 SBCWP NO.78/2009 RICHHPAL SINGH Vs. STATE OF RAJ. & ORS. 48 SBCWP NO.5314/2008 RAM SINGH MOLIA Vs. STATE & ORS. 49 SBCWP NO.5677/2008 RAJENDRA SINGH Vs. STATE & ORS 50 SBCWP NO.11358/2009 RAJENDRA KUMAR Vs. STATE OF RAJ. & ORS. 51 SBCWP NO.5748/2008 MOHAMMAD ASLAM LODHI Vs. STATE & ORS 52 SBCWP NO.5913/2008 MADA RAM GARG Vs. STATE & ORS 53 SBCWP NO.5912/2008 CHANDER KALA Vs. STATE & ORS 54 SBCWP NO.6041/2008 SMT. CHANDU CHOUDHARY Vs. STATE & ORS 55 SBCWP NO.6131/2008 SUBHAS CHANDRA Vs. STATE & ORS 56 SBCWP NO.6229/2008 BHAJAN SINGH MAYANA Vs. STATE & ORS 57 SBCWP NO.6254/2008 AKHTAR HUSAIN Vs. STATE & ORS. 58 SBCWP NO.6268/2008 SMT. ARTEE KAMRA Vs. STATE & ORS 59 SBCWP NO.6295/2008 RAJKANWAR Vs. STATE & ORS. 60 SBCWP NO.6431/2008 SMT. SUNITA MISHRA Vs. STATE & ORS. 61 SBCWP NO.6529/2008 KAILASH CHANDRA DAIYA Vs. STATE & ORS 62 SBCWP NO.6584/2008 SMT. KANCHAN KUMARI Vs. SECRETARY, DEPT. OF PANCHAYATI & ORS 63 SBCWP NO.6656/2008 JETHU SINGH Vs. STATE & ORS 64 SBCWP NO.6659/2008 RATANLAL MOCHI Vs. STATE & ORS 65 SBCWP NO.6675/2008 RAJNISH GOTHWAL Vs. STATE & ORS 66 SBCWP NO.6702/2008 ASHA VYAS Vs. STATE & ORS 67 SBCWP NO.6721/2008 REKHA RANI Vs. STATE & ORS 68 SBCWP NO.6722/2008 SMT. REKHA RANI Vs. STATE & ORS 3 69 SBCWP NO.6769/2008 SANTOSH KOHLI Vs. STATE & ORS. 70 SBCWP NO.6789/2008 ALTAF HUSSAIN Vs. STATE & ORS 71 SBCWP NO.6825/2008 BHAGWAN DAAN Vs. STATE & ANR 72 SBCWP NO.6826/2008 SANWALA RAM SUTHAR Vs. STATE & ANR 73 SBCWP NO.6870/2008 HARCHAND RAM Vs. STATE & ORS 74 SBCWP NO.6159/2008 MOOL CHAND SARASWAT Vs. STATE & ORS 75 SBCWP NO.6899/2008 SITA RANI Vs. STATE & ORS 76 SBCWP NO.6966/2008 RAMESH CHANDRA Vs. STATE & ORS 77 SBCWP NO.7025/2008 DINESH PAREEK Vs. SMT. SHIVPYARI & ORS 78 SBCWP NO.7053/2008 JITENDRA SINGH Vs. STATE & ORS 79 SBCWP NO.7093/2008 JAI KISHAN Vs. STATE & ORS 80 SBCWP NO.7099/2008 NIRMALA PANDYA Vs. STATE & ORS 81 SBCWP NO.7102/2008 DHARMENDRA KUMAR BOHRA Vs. STATE & ORS. 82 SBCWP NO.7101/2008 VIKRAM SINGH GEHLOT Vs. STATE & ORS. 83 SBCWP NO.7281/2008 MITHA RAM & ANR Vs. STATE & ORS 84 SBCWP NO.7288/2008 ASHISH DOSI Vs. STATE & ORS 85 SBCWP NO.7448/2008 CHAGGAN LAL PARMAR Vs. STATE & ORS 86 SBCWP NO.7945/2008 SUNITA Vs. STATE & ORS 87 SBCWP NO.8141/2008 BHARAT KUMAR PATEL Vs. STATE & ORS 88 SBCWP NO.8282/2008 MAHENDRA SINGH Vs. STATE & ORS 89 SBCWP NO.8701/2008 SARWAN KUMAR Vs. STATE & ORS 90 SBCWP NO.8708/2008 BANSHI LAL DHOBI Vs. STATE & ORS 91 SBCWP NO.8763/2008 MAYA DEVI Vs. STATE & ORS 92 SBCWP NO.8132/2008 SMT. KAVITA BISHNOI & ORS Vs. STATE & ORS 93 SBCWP NO.8864/2008 PARVEEN NIRVAN Vs. STATE & ORS 94 SBCWP NO.9117/2008 MAMRAJ SAINI Vs. STATE & ORS 95 SBCWP NO.9480/2008 LAL SINGH YADAV Vs. STATE & ORS 96 SBCWP NO.13/2009 AMAN SHARMA Vs. STATE & ORS 97 SBCWP NO.79/2009 SMT. URMILA SINGH Vs. STATE OF RAJ. & ORS 98 SBCWP NO.593/2009 MOHAMMED FIROZ Vs. STATE & ORS 99 SBCWP NO.1052/2009 MAHENDRA SINGH Vs. STATE OF RAJ. & ORS. 100 SBCWP NO.1409/2009 NARPAT SINGH CHOUHAN Vs. STATE OF RAJ AND ORS 101 SBCWP NO.1498/2009 SMT. SEEMA DEVI Vs. STATE & ORS 102 SBCWP NO.2263/2009 SURENDRA SINGH DHAKA Vs. STATE OF RAJ. & ANR 103 SBCWP NO.8980/2009 AMRA RAM & ANR Vs. STATE OF RAJ. & ORS 104 SBCWP NO.653/2010 GHANSHYAM NAGAR & ANR. Vs. STATE OF RAJ. & ORS. 105 SBCWP NO.4992/2008 BRIJ LAL CHINIA Vs. STATE & ORS. 106 SBCWP NO.7081/2008 SMT. MALA SHARMA Vs. STATE & ORS. 107 SBCWP NO.7082/2008 DEVENDER SHARMA Vs. STATE & ORS. 108 SBCWP NO.8351/2008 SMT. KRISHNA DEVI Vs. STATE & ORS 109 SBCWP NO.8392/2008 PRAVEEN KUMAR & ORS Vs. STATE & ORS 110 SBCWP NO.10006/2008 SHWETA JAIN Vs. STATE & ORS. 111 SBCWP NO.10835/2009 LALA RAM PATIR Vs. STATE OF RAJ. & ORS 112 SBCWP NO.01035/2010 DINESH KUMAR SHARMA Vs. STATE OF RAJ. & ORS. 113 SBCWP NO.01043/2010 SUMER SINGH NEHRA Vs. STATE OF RAJ. & ORS. 114 SBCWP NO.5335/2008 MAHAVEER SINGH BIKA & ORS Vs. STATE & ORS 115 SBCWP NO.5983/2008 SMT. SEEMA KHATRI Vs. STATE & ORS. 116 SBCWP NO.6038/2008 POORNA RAM RINWA Vs. STATE & ORS 4 117 SBCWP NO.6463/2008 MANGILAL BISHNOI Vs. STATE & ORS 118 SBCWP NO.6713/2008 MANOJ DAVE Vs. STATE & ORS 119 SBCWP NO.6809/2008 BALDEV SINGH Vs. STATE & ORS 120 SBCWP NO.6839/2008 MANJU DHAKA Vs. STATE & ORS 121 SBCWP NO.6856/2008 PUSHP LATA PAREEK Vs. STATE & ORS 122 SBCWP NO.6895/2008 PRIYDRASANA JAIN Vs. STATE & ORS 123 SBCWP NO.6905/2008 RAMESHWAR LAL Vs. STATE & ORS 124 SBCWP NO.7096/2008 NIRMAL SINGH MERAWAT Vs. SECRETARY, DEPT. OF PANCHAYATI RAJ.& ORS 125 SBCWP NO.7302/2008 DILEEP KUMAR MERAWAT Vs. SECRETARY, DEPT. OF PANCHAYATI RAJ.& ORS 126 SBCWP NO.7661/2008 MUNNA LAL OJHA Vs. SECRETARY, DEPT. OF PANCHAYATI RAJ.& ORS 127 SBCWP NO.8976/2008 MAHESH SHARMA & ORS Vs. STATE & ORS 128 SBCWP NO.633/2009 NARSINGA RAM GOSAI Vs. STATE OF RAJ. & ORS 129 SBCWP NO.6154/2008 DURGA RAM JAT & ANR Vs. STATE & ORS Date of Order dated 15.2.2010 HON'BLE MR. PRAKASH TATIA, J. S/Sh. RS Choudhary, PR Singh, PS Chundawat, Rakesh Arora, Dhirendra Singh, BR Bera, Arjun Purohit, Sambhoo Singh, BN Kalla, CS Kotwani, Ramesh Purohit, Bharat Devasi, Mukesh Rajpurohit, Ravindra Singh, Dron Kaushik, Gopal Acharya, AS Rathore, PR Mehta, MS Godara, RC Joshi, DL Rawla, Sajjan Singh, VR Choudhary, SS Jodha, BS Deora, Tarun Dhaka, Rakesh Matoriya, Kuldeep Mathur, Pankaj Gupta, KS Yadav, MA Saddiqui, SS Khatri, GJ Gupta, DLR Vyas, Sachin Acharya, Javed Moyal, BB Singh, NR Choudhary, Rajesh Panwar, Pintu Pareek, Harish Purohit, T. Gupta, VR Bishnoi, SK Puniya, Vinod Purohit, HS Sidhu, Nikhil Dungawat, Sanjay Mathur, Devendra Mehlana, Anurag Shukla, VK Sharma, MP Choudhary, Deepak Mehra and DS Dev, for the petitioners. Mr.RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati and Mr.Nimesh Suthar for the respondent-State. <><><> Learned counsel for the petitioners submitted that the controversy involved in these writ petitions has already been decided by the Coordinate Bench of this Court vide judgment dated 27.1.2010 delivered in SBCWP No.8497/2008 – Manglaram & Ors. Vs. State of Rajasthan & Ors. which was decided with 5 other connected writ petitions. It is submitted by learned counsel for the petitioners that the present writ petitions may also be decided in the light of the decision dated 27.1.2010 and same directions may be issued. Learned counsel for the State submitted that there are several objections which are (i) the person who gave birth to child after cut off date and who had two children already is not an eligible candidate, (ii) some of the candidates were lacking experience, (iii) some of the candidates were over age and (iv) some of the candidates claimed benefit on the basis of their experience of working as Prerak. So far as other cases are concerned, the similar directions can be issued in the light of the decision given in judgment dated 27.1.2010. Learned counsel for the petitioners submitted that in fact there is no necessity to go into all above objections in view of the direction no.2 given by the Coordinate Bench of this Court in the judgment dated 27.1.2010, which clearly provides that those petitioners who are not found to be eligible for any other reason then reasons may be assigned and be communicated to each of the petitioner so that if he feels aggrieved, he may avail the remedy under the law obviously for redressal of his grievance. It is also submitted that for completion of process three month's time has already been granted by the order of this court dated 27.1.2010. Therefore, all these writ petitions may also be disposed of wherein the above objections of State are there. I considered the submissions of learned counsel for the 6 parties and in view of the fact that this court has already decided the controversy and issued directions to the respondents, therefore, these writ petitions are also disposed of in terms of the said judgment dated 27.1.2010 and it is made clear that the State Government's any plea that candidature was rejected on the ground of birth of child after cut off date to a candidate who had two children already, the candidature was rejected on the ground of lack of experience required, the candidate was over age and the candidate could not have been given relief because the experience gained while serving as Prerak is not fulfilling the requisite qualification for the appointment to the post of Prabodak are also the reasons already included in the directions issued by this Court in judgment dated 27.1.2010 in second direction. Therefore and otherwise also, there is no reason to deny opportunity to the petitioners for submitting their representation with respect to any objection referred above also so that their objection can be decided by the respondents in accordance with rules applicable for the purpose of giving appointment on the post of Prabodak. In view of the above reasons, these writ petitions are disposed of in terms of the following directions and it is made clear that the petitioners will be free to submit their representation within a period of two week's time so that the entire exercise may be completed within the time granted by the judgment dated 27.1.2010: “(i) Respondents are directed to first prepare list of writ petitioners whose applications were received by 7 the respondents in respective districts, and who were not called for interview for the reasons that there was summer break resulting in discontinuance of experience for five years, or experience certificate has not been verified, may be called for interview and this exercise be completed within two months; and simultaneously, petitioners may also contact the office of the concerned authority; and (ii) such of petitioners who are not found to be eligible for any other reason, may be assigned and communicated to each of them, to which if he feels aggrieved, will be free to avail of remedy under the law. (iii) After completion of exercise referred to in para (i) &(ii) (supra), further process be initiated for finalizing merit list of respective districts and such petitioners may be considered for appointment if find place in order of merit in their respective district against advertised vacancies including those duly revised by subsequent corrigendum to advertisement dated 31.5.2008, within a period of three months thereafter in accordance with Rules, 2008 and in the light of judgments of this court (supra). [PRAKASH TATIA], J. mlt/s.phophalia/cpgoyal 8 S.B. CIVIL WRIT PETITION NO. Date of Order 15.2.2010 HON'BLE MR. PRAKASH TATIA, J. S/Sh. RS Choudhary, PR Singh, PS Chundawat, Rakesh Arora, Dhirendra Singh, BR Bera, Arjun Purohit, Sambhoo Singh, BN Kalla, CS Kotwani, Ramesh Purohit, Bharat Devasi, Mukesh Rajpurohit, Ravindra Singh, Dron Kaushik, Gopal Acharya, AS Rathore, PR Mehta, MS Godara, RC Joshi, DL Rawla, Sajjan Singh, VR Choudhary, SS Jodha, BS Deora, Tarun Dhaka, Rakesh Matoriya, Kuldeep Mathur, Pankaj Gupta, KS Yadav, MA Saddiqui, SS Khatri, GJ Gupta, DLR Vyas, Sachin Acharya, Javed Moyal, BB Singh, NR Choudhary, Rajesh Panwar, Pintu Pareek, Harish Purohit, T. Gupta, VR Bishnoi, SK Puniya, Vinod Purohit, HS Sidhu, Nikhil Dungawat, Sanjay Mathur, Devendra Mehlana, Anurag Shukla, VK Sharma, MP Choudhary, Deepak Mehra and DS Dev, for the petitioners. Mr.RL Jangid, Addl. Advocate General with Mr.Rajesh Bhati and Mr.Nimesh Suthar for the respondent-State. <><><> This writ petition is disposed of. [see separate judgment in SBCWP No. 6879/2008- Roshan Lal Yadav Vs. State of Raj. & Ors., decided today itself, i.e., 15.2.2010. By order Court Master.