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2022 Supreme(Raj) 2691

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Mahendra – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Civil Writ Petition No. 186 of 2022
Decided On : 12-12-2022

Advocates Appeared:
Yashpal Khileree, Advocate, Shreyansh Mehta, Advocate, K.S. Rajpurohit, Advocate

The court's decision was based on the issue being settled in a previous case and the matter being covered by a judgment of a coordinate Bench of the Court.

Headnote:

Early Listing - S.B. Civil Writ Petition No. 186/2022 - The court allowed the application seeking early listing based on the matter being covered by a judgment of a coordinate Bench of the Court. The issue raised in the petition was settled in a previous case, and similar orders were passed in the present writ petition.

Fact of the Case:

The court heard the writ petition and noted that the issue raised was already settled in a previous case.

Finding of the Court:

The court allowed the application seeking early listing and disposed of the writ petition with similar directions as in the previous case.

Issues: The issue raised in the present petition was already settled in a previous case, and the court considered the application seeking early listing.

Ratio Decidendi: The court's decision was influenced by the fact that the issue raised in the present petition was already settled in a previous case and that the matter stood squarely covered by the judgment of a coordinate Bench of the Court.

Final Decision: The court allowed the application seeking early listing and disposed of the writ petition with similar directions as in the previous case.

JUDGMENT

Dinesh Mehta, J. - IA No. 01/2022

1. For the reasons stated and considering that the matter stands squarely covered by the judgment of a coordinate Bench of this Court, the application seeking early listing is allowed.

2. The matter is taken up for consideration today itself.

S.B. Civil Writ Petition No. 186/2022

1. Heard on the writ petition.

2. Learned counsel for the parties submit that the issue raised in the present petition is already settled by this Court in the case of Jagdish Prasad Nai vs. State of Rajasthan & ors. (S.B. Civil Writ Petition No. 1507/2022) decided on 26.05.2022 and therefore, similar order in the present writ petition may also be passed.

3. In the case of Jagdish Prasad Nai (supra), it was inter-alia directed by the Court as under: -

    "In view of the above submissions made, the petitioners may make representation to the Director (Non-Gazetted) with regard to the calculation of their experience and consequential fact about their eligibility / award of bonus marks within a period of 15 days from today.

    The Director (Non-Gazetted) would pass appropriate orders on the representations to be made by the petitioners within a period of four weeks thereafter.

    The petitioners would be free to take appropriate proceedings, in case, they have any grievance qua the decision taken by the authority in this regard.

    The respondents shall not conclude the recruitment before passing of the final orders as indicated hereinbefore.

    It is expected of the respondents to conclude the entire exercise by 31st of July, 2022."

    4. In view of submissions made, the writ petition filed by the petitioner is also disposed of with similar directions, which have been given in the case of Jagdish Prasad Nai (supra).

    5. However, it is made clear that the representation be made by the petitioner within a period of seven days and the Director (Non Gazetted), Medical, Health and Family Welfare Department, would pass appropriate order within a period of two weeks thereafter.

    6. It is expected of the respondents to conclude the entire exercise by 31.01.2023.

    7. The stay application also stands disposed of accordingly.

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