[2025:RJ-JP:47249]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3477/2015

1. Jabbar Nath Sankhla S/o Shri Ghasinath Sankhla, Village Pipara,jaitaran,district Pali-343942

2. Chatara Ram S/o Shri Rupa Ram, Mukam Post Dakiya,tehsil Merta City, District Nagaurrajasthan ----Petitioners Versus

1. State Of Rajasthan Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur

2. The Director, Primary Education, Government Of Rajasthan, Bikaner, Rajasthan

3. The Secretary, Rajasthan Public Service Commission, Ajmer ----Respondents Connected With S.B. Civil Writ Petition No. 13592/2014 Gajendra Puri S/o Shri Sugan Puri, Village And Post Sensra, Tehsil Riyanbari, District Nagaur Rajasthan ----Petitioner Versus

1. State Of Rajasthan Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur

2. The Director, Primary Education, Government Of Rajasthan, Bikaner, Rajasthan

3. The Secretary, Rajasthan Public Service Commission, Ajmer ----Respondents S.B. Civil Writ Petition No. 2277/2015

1. Hari Ram S/o Shri Mastidan, Village Khaliyanau, Post Rajas, Tehsil Laxmangarh, District Sikar, Raj.

2. Bhawani Singh Shekhawat, S/o Shri Bhanwar Singh Shekhawat, Village And Post Sola, Via Patoda, Tehsil Laxmangarh, District Sikar Raj.

----Petitioners Versus

1. State Of Rajasthan Through Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Primary Education, Government Of Rajasthan, Bikaner, Rajasthan.

3. The Secretary, Rajasthan Public Service Commission, Ajmer.

----Respondents For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : Mr. Gopal Krishan Sharma, AGC Mr. Monu Kumar for Mr. Imran Khan HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

19/11/2025

1. Since in all these three writ petitions common question is involved, therefore, the same are being decided by a common order.

2. These writ petitions have been filed by the petitioners for issuing direction to the respondents to give appointment on the post of Teacher Grade-III in pursuance to the advertisement issued in the year 2006. The claim of the petitioners who belong to the OBC category and one General category is that the women candidates have been given appointment in excess of their advertisement against the vacancy by wrong implementation of reservation provisions for women.

3. Learned counsel for the petitioners submits that if the women candidates who have been selected on their own merits in their category are counted against the vacancies reserved for women category, then certain members of male candidates would get selected. It is also submitted by counsel for the petitioners that the respondents after realizing their mistake have created certain number of posts so as to accommodate the equal number of male candidates in their own category in place of women category candidates who have been declared selected in excess of their reservation.

4. Learned counsel appearing for the respondents submits that the issue has been settled back in case of Naresh Kumar Sharma Vs. State of Rajasthan & Ors : S.B. Civil Writ Petition No.3414/2009 decided on 20.09.2011. He also submits that no candidates of OBC category or General category lower in merit to the petitioners have been accorded appointment. He also submits that total number of vacancies which were advertised have already been filled and the vacancies created subsequent have also been filled in subsequent recruitment.

5. Considered the submissions made at bar and also perused the material made available on record.

6. The only grievance raised by counsel for the petitioners is that the women candidates have been given appointment in excess to the vacancies earmarked for them by wrong implementation of the reservation policy for women. Learned counsel for the petitioners has not been able to show whether any candidate lower in merit to the petitioners has been given appointment. On a query put-forth by the Court to the counsel for the