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2025 Supreme(Online)(Raj) 16546

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
SUNITA KUMARI D/O DHANARAM – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 14956 / 2025



[2025:RJ-JP:41295]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14956/2025 Sunita Kumari D/o Dhanaram, Aged About 35 Years, R/o Plot No. 18, Kumawat House, Opposite Bajarngeshwar Mahadev Temple, Bajarang Colony, Sodala, District Jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Elementary Education, Govt. Secretariat, Secretariat, Jaipur (Raj.)

2. The Director, Elementary Education, Rajasthan Bikaner.

3. The Secretary, Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Tonk Rd, Shreeji Nagar, Prithviraj Colony, Durgapura, Jaipur, Rajasthan 302018

4. Rekha Chandel D/o Sitaram Chandel, Aged About 30 Years, Currently Working On Post Of Teacher Grade-Iii Level-Ii (Hindi) Through District Education Officer, Elementary Education, District Churu.

----Respondents For Petitioner(s) : Mr. Harendar Neel For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

10/10/2025

1. Learned counsel for the petitioner submits that during the recruitment process, petitioner has secured 241.2579 marks and while filing his preference in counseling, petitioner preferred her desirable district as her first district for posting, for the post of Teacher Gr.III Level II Hindi.

2. Learned counsel for the petitioner further submits that allotment list dated 15.09.2023 was issued by the Office of Director of Primary Education, Bikaner for granting first posting to the candidates selected through RPSC, RSSB or any other recruiting agency and as per prevalent circular, place of posting shall be assigned as per merit cum preference.

3. Learned counsel for the petitioner submits that the persons lower in merit than the petitioner have although been assigned their home district, yet the petitioner despite giving her first preference, the same has not been considered and the petitioner has not been posted at her desired district.

4. Learned counsel for the petitioner also submits that similar controversy was considered by this Hon’ble Court in the case of Kindar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 6507/2017) decided on 04.08.2021. Thereafter considered and relied by order dated 28.08.2025 in S.B. Civil Writ Petition No.12876/2025 Omprakash Gurjar Vs. State of Rajasthan & Ors. He submits that this writ petition be disposed of in accordance with ratio laid down in said case.

5. In the light of above, the writ petition filed by the petitioner is disposed of with direction to the petitioner to make a representation in the light of circular dated 18.05.2020 issued by the Administrative Reform Department and order dated 04.08.2021 passed by this Court in case of Kindar Vs State of Rajasthan (supra). In case, the respondents find that the case of the petitioner is covered by the aforesaid circular and order dated 04.08.2021 passed by this Court, then appropriate order for modifying her place of posting may be passed within a period of four weeks from the date of submitting a representation along with certified copy of this order. It is made clear that this Court has not expressed any opinion on merits of the case.

6. Instant civil writ petition with pending application(s), if any, stands disposed of.

(ASHOK KUMAR JAIN),J CHETNA BEHRANI /14

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