##PAGE1##

[2026:RJ-JP:12183]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 6626/2023

1. Mahendra Singh Khatana S/o Shri Laxmi Narayan Khatana, Aged About 49 Years, R/o Village Badagaon,

Tehsil Nadoti, District Karouli (Raj.).

2. Pavan Kumar Shrotria S/o Shri Pre Prakash Shrotria, Aged About 46 Years, R/o Vpo Devour, Tehsil Arain, District

Ajmer (Raj.).

3. Babu Singh S/o Shri Harbir Singh, Aged About 39 Years, R/o Village Biretha, Post Malikpur, Tehsil Bayana, District

Bharatpur (Raj.).

4. Ugan Singh Gurjar S/o Shri Ratanlal Gurjar, Aged About

45 Years, R/o Village Vidarkhya Ki Dhani, Post Kankar, Tehsil Gangapur City, District Sawaimadhopur (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Secondary Education, Govt. Of Rajasthan,

Govt. Secretariat, Jaipur (Raj.).

2. The Director, Department Of Secondary Education, Govt.

Of Rajasthan, Bikaner (Raj.).

3. The Rajasthan Public Service Commission, Through Its Secretary, Ghoogra Ghati, Ajmer (Raj.).

4. The Joint Director, Department Of Secondary Education, Govt. Of Rajasthan, Bikaner (Raj.).

----Respondents

For Petitioner(s) : Mr. Akshit Gupta For Respondent(s) : Mr. Devansh Sharma, Dy. G.C.

Mr. Amit Lubhaya with Mr. Shreyansh Jain

HON'BLE MR. JUSTICE ANAND SHARMA

Order

23/03/2026

1. This writ petition has been filed by the petitioners with

following prayers:

"In these circumstances, it is, therefore, prayed that this Hon'ble Court may be pleased to accept this

writ petition and i) The Impugned action of the respondents in not issuing appointment and according joining to the petitioners in pursuant to the advertisement dated

(Uploaded on 25/03/2026 at 05:42:28 PM)

(Downloaded on 02/04/2026 at 05:34:55 AM)

[2026:RJ-JP:12183] (2 of 3) [CW-6626/2023]

09.04.2018 for appointment on the post of Senior Teacher (Grade- II) (Sanskrit) (Ex-Servicemen) category despite having been selected may kindly be declared illegal and arbitrary and therefore, same may

kindly be quashed and set aside.

ii) by issuing the writ of mandamus, order or direction in the nature thereof the Respondents may kindly be directed:-

a) to issue joining orders in favour of the petitioners in pursuance to the select list dated

27.02.2020;

b) to accord appointment to the petitioners on the post of Senior Teacher (Grade-II) (Sanskrit) in pursuance to the advertisement dated 09.04.2018, with all consequential benefits and inclusion of

experience from the date of original selection;'

c) Or in the alternate the respondents may kindly be issued directed to create supernumerary posts for according appointments to the petitioners with all consequential benefits from the date the lesser meritorious candidates came to be issued with the

appointment orders.

iii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be

passed in favour of the Petitioners."

2. At the outset, it has been jointly submitted by the learned counsel for the parties that during the pendency of the writ petition, the petitioners have already been appointed vide

order dated 27.09.2023.

3. Learned counsel for the petitioners submits that although appointment has been granted to the petitioners, yet delay in issuing appointment order is solely attributable to the respondents, hence, the petitioners are entitled for the same benefits which have been granted to the persons similarly situated and have been appointed pursuant to advertisement dated

09.04.2018.

4. Learned counsel appearing for the respondents submitted that, in case, any representation is submitted by the petitioners for claiming notional benefits, that would be considered strictly in accordance with law and shall be decided by the

Competent Authority.

(Uploaded on 25/03/2026 at 05:42:28 PM)

(Downloaded on 02/04/2026 at 05:34:55 AM)

[2026:RJ-JP:12183] (3 of 3) [CW-6626/2023] 5. In view of above, this Court deems it just and proper to dispose o