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[2026:RJ-JD:5641]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 9298/2025

1. Dilip Singh S/o Shri Khangar Singh, Aged About 38 Years,

R/o 14, Bharat Singh Ki Dhani, Naya Sakra, Tehsil Pokran,

District Jaisalmer, Rajasthan.

2. Narendra Singh Rathore S/o Ganpat Singh, Aged About

34 Years, R/o Tena Shergarh, Tena, Jodhpur, Rajasthan.

3. Darbar Singh S/o Bakhtawar Singh, Aged About 28 Years,

R/o Chokhla, Barmer, Rajasthan.

4. Heera Lal Dangi S/o Kanhaniya Lal Dangi, Aged About 33

Years, R/o Seja Ki Bhagal, Lakarwas, Po Lakadwas,

District Udaipur.

5. Ajit Singh S/o Shri Karni Singh, Aged About 37 Years, R/o

Village Karloo, District Nagaur, Rajasthan.

----Petitioners

Versus

1. State Of Rajasthan, Through The Secretary, Department

Of Education, Government Of Rajasthan, Jaipur.

2. Director, Secondary Education, Bikaner.

3. The Secretary, Rajasthan Public Service Commission,

Ajmer

----Respondents

For Petitioner(s) : Mr. D.S. Sodha

Mr. Rajat Choudhary

For Respondent(s) : Mr. Bhupesh Charan for

Mr. N.K. Mehta, AGC

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

30/01/2026

1. At the request and with the consent of learned counsel

appearing for both parties, the matter is taken up for final disposal

at the admission stage.

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2. The present writ petition has been filed challenging the

action of the respondents in not selecting the petitioners on the

ground that the petitioners did not secure the minimum qualifying

marks of 40% in Paper-I. The grievance of the petitioners is that

prior to the issuance of the advertisement, the condition requiring

40% marks in each paper was amended by way of a Gazette

notification. By virtue of the said notification, the earlier Rules

were amended by deleting the words “each paper.” Consequently,

the requirement of securing 40% marks in each paper stood

deleted, and only the requirement of securing 40% marks in the

aggregate of both papers remained. On this ground, the present

writ petition has been filed.

3. In this regard, it is relevant to refer to the amendment

carried out under the Rajasthan Education (State and

Subordinate) Service (First Amendment) Rules, 2024 (hereinafter

referred to as “the Rules of 2024”), whereby Rule 7(4) thereof

amends the original provisions contained in Schedule-III to the

Rules of 2021. The amendment pertains to Heading-8 relating to

the post of Librarian Grade I & II, specifically at Serial No. 5

concerning Paper-I and Paper-II, which reads hereunder:-

“7. Amendment of Schedule-III.- In Schedule III

appended to the said rules,-

(1) …..

(2) …..

(3) ….

(4) under the heading, 8. Scheme and syllabus of

competitive examination for the post of Librarian

Grade-II & Grade-III,-

(i) in serial number 5 of Paper-I, the existing

expression “for each paper” shall be deleted;

(ii) in serial number 5 of Paper-II, the existing

expression “for each paper” shall be deleted;

………..”

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4. It is also relevant to refer to the original provisions contained

in Schedule-III, Heading-8, at Serial No. 5 under Paper-I and at

Serial No. 5 under Paper-II, which read hereunder:

“8. Scheme and syllabus of competitive

examination for the post of Librarian Grade-II &

Grade-III:-

Paper-I

The examination shall carry 400 marks. There will be

two papers. Both Papers shall be of 200 marks each:

1. ……..

2. ……..

3. ……..

4. ……..

5. The minimum qualifying marks for each paper

shall be 40%. Provided that the percentage fixed

as above shall be relaxed by 5% for the

candidates belonging to the Scheduled Castes and

Scheduled Tribes.

6. ……….

xxx xxx xxx

Paper-II

:Knowledge Organization, Informative Processing and Retrieval.

1. ……

2. ……..

3. ……..

4. ……..

The minimum qualifying marks for each paper

shall be 40%. Provided that the percentage fixed

as above shall be relaxed by 5% for the

candidates belonging to the Scheduled Cast