[2026:RJ-JD:9559]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 24086/2025 Gaurav Kamol S/o Shri Bhuralal Kamol, Aged About 38 Years, Resident Of Ward No. 1, Timbamahudi, Tambesara, Banswara (Raj)

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, School Education And Panchayati Raj (Elementary Education) Department, Rajasthan, Jaipur

2. Director, Elementary Education, Bikaner.

3. Zila Parishad Banswara, Through Its Chief Executive Officer, Banswara.

4. District Education Officer (Headquarters), Elementary, Banswara.

----Respondents For Petitioner(s) : Mr. Saransh Vij For Respondent(s) : Mr. Paramveer Singh for Mr. Kamlesh Sharma, AGC HON'BLE DR. JUSTICE NUPUR BHATI

Order

23/02/2026

1. This writ petition has been filed by the petitioner with the following reliefs:

“1. The Impugned Order dated 13.01.2025 (Annex.8) passed by the District Education Officer may kindly be quashed and set aside.

2. The respondents may kindly be directed to permit the petitioner to join the services with all consequential benefits.

3. Cost of litigation and damages may also be allowed in favour of the petitioner.

4. Any other appropriate writ or order Οr direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.”

2. Brief facts of the case are that the present writ petition has been preferred by the petitioner against the order dated 13.01.2025 (Annex.8) issued by respondent No.4, whereby the respondent authority terminated the services of the petitioner during probation, stating that his services are no longer required in public and departmental interest.

2.1. The petitioner was appointed on the post of Teacher Grade III (Level II) at Government Upper Primary School, Potaliya, District Banswara, by order dated 12.06.2024 (Annex.1). During the period of probation, FIR No.182 dated 26.06.2024 came to be registered against the petitioner at Police Station Kushalgarh, District Banswara, alleging that he had cleared the REET Examination 2022 – Teacher & Upper Primary School (General/Special Education) (Level II, Class 6 to 8) Direct Recruitment 2022 – by placing a dummy candidate in his place.

2.2. On account of registration of the said FIR, the department issued order dated 04.07.2024 (Annex.4), whereby he was placed under suspension under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (CCA Rules 1958). 2.3. Thereafter, instead of granting such benefits, the respondents handed over another order dated 13.01.2025 (Annex.8), whereby the petitioner’s services were terminated during probation by a non-speaking three-line order, merely stating that her services are no longer required in public and departmental welfare. Hence, this petition.

3. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Teacher Grade III (Level II) vide order dated 12.06.2024, however, on account of an FIR lodged against him alleging that he cleared the REET Examination-2022 by impersonation, his services were terminated vide order dated 13.01.2025. He submits that the earlier suspension order dated 04.07.2024 was revoked by a subsequent order dated 14.01.2025 (Annex.7), yet just a day prior thereto, the respondents had already passed the order dated 13.01.2025 (Annex.8) terminating his services, which clearly indicates that the latter order was passed without due application of mind. Counsel further submits that the termination order dated 13.01.2025 (Annex.8) was issued by the District Education Officer, who is not the competent authority to pass such an order, the competent authority being the District Establishment Committee.

4. Learned counsel for the petitioner submits that the present case is squarely covered by the order dated 10.07.2025 passed in S.B. Civil Writ Petition No. 6057/2025 (Mahesh Chandra Patel Vs. State of Rajasthan & Ors.) by a Coordinate Bench of this Court.

5. Learne