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2026 Supreme(Online)(Raj) 9680

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI, SANDEEP SHAH
SARITA KUMARI JYANI – Appellant
Versus
RAJASTHAN HIGH COURT – Respondent
CW / 4112 / 2026



[2026:RJ-JD:13532-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 4112/2026 Sarita Kumari Jyani D/o Parmeshwar Lal Jat, Aged About 24 Years, R/o Chainpura, District Churu, Raj.

----Petitioner Versus

1. Rajasthan High Court, Jodhpur Through Registrar General 2. The Registrar (Examination), Rajasthan High Court, Jodhpur ----Respondents For Petitioner(s) : Mr. Pradeep Jat Ms. Sushila Jat For Respondent(s) : Mr. Ojas Gupta HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SANDEEP SHAH

Order

23/03/2026

1. Learned counsel for both the parties fairly submit that the controversy involved in the present writ petition is no more res- integra and it is covered by the decision rendered by a Coordinate Bench of this Hon'ble Court in Narendra Singh Chauhan vs. High Court of Rajasthan & Ors. (D.B. Civil Writ Petition No.2237/2026) and other connected matters on 06.03.2026.

The judgment reads as under:-

“1. Learned counsel for the respondents submits that the recruitment process for the post of “Junior Judicial Assistant” for the establishment of the Rajasthan High Court, Jodhpur was considered in the judgment rendered in D.B. Civil Writ Petition No.7654/2023, Rajat Yadav v. Rajasthan High Court & Ors. and other connected writ petitions, decided on 18.09.2023. The Division Bench of this Court at Jaipur Bench disposed of the aforesaid writ petition along with other connected matters with the following directions:-

“9.29 Consequently, all these petitions are disposed off with following directions:-

(C) If, as a result of aforesaid exercise, it is found that the petitioners herein have been accommodated either in the Open/General category list or there respective reserve category list then:-

(i) If they have already been allowed to provisionally appear in the Typewriting Test on Computer, subject to they having secured minimum qualifying marks in Typewriting Test, their aggregate marks obtained in the written examination and Typewriting Test shall be drawn up.

(ii) Those, who have not been allowed to provisionally appear in the Typewriting Test, they will be entitled to appear in the Typewriting Test and for this purpose, the respondents shall hold Typewriting Test on Computer for such candidates, subject to they having obtained minimum qualifying marks in the Typewriting Test, their aggregate marks obtained in written examination and Typewriting Test shall also be drawn up.

(D) The merit list in the Open/General category and the respective reserve category shall be re-worked. If the petitioners herein are included either in the Open/General category list on the basis of their merit, they shall be offered appointment against posts in General/Open category, subject to the condition that they are fulfilling all other requirements. Similarly, those petitioners, who have been able to secure a place in the merit list of their respective reserve category would be offered appointment against posts in their respective reserved category, subject to fulfilling all other conditions.”

1.1 The Hon’ble Supreme Court in the case of “Rajasthan High Court & Anr. v. Rajat Yadav & Ors.”, Civil Appeal No.14112/2024, decided on 19.12.2025, observed in paragraph Nos.71 and 77 as follows:-

“71. In the milieu of facts, none of the petitioning candidates has been shown to have availed of any concession/relaxation. No law – either rule or executive instruction – has been shown which prevented the High Court from treating the reserved candidates as General/Open candidates once it transpired that they outshone the latter. Question of any migration or deriving twin benefits of migration did not and could not arise in the circumstances.

77. While considering the cases of the petitioning candidates, the High Court may endeavour not to dislodge employees in position, as expressed by the Division Bench, as far as possible.”

1.2 As it is evident from the orders passed by the Division Bench of this Court as well as the Hon’ble Supreme Court, the di

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