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2024 Supreme(Raj) 703

SAMEER JAIN
Rahul Patidar, S/o. Shri Pushkar Patidar – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Energy Department, Govt. Secretariat – Respondent


Advocates Appeared:
For the Petitioners: Mr. Tanveer Ahamad, Mr. Punit Singhvi with Mr. Ayush Singh, Mr. Atarnad Zaman.
For the Respondents: Mr. Virendra Lodha, Sr. Adv. assisted by Mr. Hanumat Singh.

ORDER :

(Sameer Jain, J.)

PREFATORY REMARKS

1. With the consent of all the parties and considering that the instant petitions are of an akin and/or interwoven factual matrix, a common judgment is passed.

2. For the sake of convenience, the petitioner in SBCWP No. 1991/2022 titled as Narendra Singh Nathawat Vs. State of Rajasthan and Ors. shall hereafter, be referred as P1 and the petitioner in SBCWP No. 7856/2023 titled as Rahul Patidar Vs. State of Rajasthan and Ors. shall be referred as P2.

3. The present judgment is categorized into the following heads:

I) FACTUAL ASSERTIONS QUA SBCWP No. 1991/2022

II) FACTUAL ASSERTIONS QUA SBCWP No. 7856/2023

III) ARGUMENTS ADVANCED BY LEARNED COUNSEL FOR BOTH THE SIDES

IV) DISCUSSION & FINDINGS

V) CONCLUSION

FACTUAL ASSERTIONS QUA SBCWP No. 1991/2022

3. The petitioner i.e. P1 was initially appointed as a ‘Probationer Trainee Helper-II’ in the Ajmer Vidyut Vitran Nigam Ltd. (AVVNL) on 07.11.2019 and had completed his probation period on 13.01.2022. During the continuation of his service, P1 applied for the post of ‘Junior Engineer-I’, in pursuance to the advertisement dated 22.02.2021, issued by the respondents. P1 applied as an in-service candi

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