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2023 Supreme(Raj) 25

VINIT KUMAR MATHUR
Mukesh Kumar Beniwal S/o Satyaveer Singh – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tanwar Singh Rathore

ORDER :

1. Learned counsel for the petitioners submits that the issue raised in the present writ petition is squarely covered by judgment of this Court in Manoj Khandelwal & Ors. v. State of Rajasthan & Ors. : S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench and the said judgment has been followed in Krishan Lal & Ors. v. The State of Rajasthan & Ors. : S.B.C.W.P. No. 19179/2017, decided on 30.10.2017 at Jaipur Bench. The petitioners are also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra) claims learned counsel.

2. In view of the submissions made, the writ petition filed by the petitioners is disposed of with the similar directions as given in the case of Manoj Khandelwal (supra), which read as under:-

    “This Court in Suman Bai and Another Vs. State and Others – 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petit

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