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2026 Supreme(Raj) 337

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, BIPIN GUPTA
Narendra Saini, S/o. Bharat Singh Saini – Appellant
Versus
State Of Rajasthan, Through Its Secretary, Department Of Transport – Respondent


Advocates Appeared:
For the Appellants :Mr. R.N. Mathur, Senior Advocate assisted by Mr. Utkarsh Dubey Mr. Akshit Gupta with Ms. Pragya Seth, Mr. Kamlesh Sharma, Mr. Shreyansh Dhariwal & Mr. Nakul Bansal, Mr. S.S. Naruka, AAG with Mr. Divanshu Gupta, AGC, Mr. Sachin Singh Rathore, AAAG, Mr. Anshuman Singh, Mr. Tanishq A. Parmar, Mr. Jitendra Kumar Takar & Mr. Indo Rathore, Mr. Atul Bhardwaj, Mr. Shivang Khandelwal on behalf of Dr. T.N. Sharma, Mr. Devendra Sharma on behalf of Mr. Bal Ram Vashisth, Mr. Tanveer Ahamad with Mr. Iliyas Khan, Mr. Ajatshatru Mina with Mr. Himanshu Kala, Mr. Movil Jeenwal & Mr. Rajat Choudhary, Mr. Himanshu Jain with Mr. Rishi Raj Maheshwari, Ms. Apoorva Agarwal, Mr. Yashraj Kumawat & Mr. Avinash Bhardwaj, Mr. Anoop Pareek with Mr. Kshitiz Sharma & Mr. Pranav Pareek, Mr. N.C. Sharma.
For the Respondents:Mr. A.K. Sharma, Senior Advocate assisted by Mr. Ashwinee Kumar Jaiman, Mr. Rachit Sharma, Mr. Madhav Dadhich, Mr. Keshav Parashar, Mr. Moin Khan & Mr. Ashish Kabra, Mr. Sunil Samdaria with Mr. Arihant Samdaria, Mr. M.F. Baig with Mr. Govind Gupta, Mr. Munesh Bhardwaj, Mr. Nalin G. Narain with Mr. Manish Bhardwaj & Mr. Devranjan Singh Shekhawat.

JUDGMENT :

(SANJEEV PRAKASH SHARMA, ACJ.)

1. These D.B. Special Appeals are filed challenging the judgment passed by the learned Single Judge, whereby he allowed a bunch of writ petitions on 22.02.2023 and held as under:-

"54. As a result, the instant writ petitions are hereby allowed. The impugned office order dated 15.12.2021 issued by the RSSB is quashed. Respondent-RSSB is directed to prepare the final result on merit for the post of Motor Vehicle Sub-Inspector, pursuant to advertisement dated 24.11.2021, excluding degree holders in automobile/mechanical engineering and the appointment be given by the State as per merit list in accordance with law.

It is made clear that candidate(s) participated in the present recruitment process, possessing degree in automobile/mechanical engineering, if has/have already undergone to the diploma course and had acquired qualification of diploma in automobile/mechanical engineering, as per the prescribed norms of qualification in the advertisement dated 24.11.2021, shall be considered on merits. No costs."

Facts:-

2. The facts of the case are that an Advertisement was issued on 24.11.2021 by the Rajasthan Staff Selection Board (hereinafter referred to



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