[2026:RJ-JP:12039]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5262/2026 Mukesh D/o Ramawtar Jagart, Aged About 40 Years, R/o Village And Post Ranoli (Surya Colony) Teshil Dataramgarh District Sikar Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, School Education Department, Government Secretariat Rajasthan, Jaipur, Rajasthan.

2. The Director, Secondary Education, Rajasthan, Bikaner.

3. The Director, Elementary Education, Rajasthan, Bikaner.

4. The District Education Officer, Secondary Education, (Headquarter), Bhilwara.

5. The District Election Officer (Collector), Bhilwara.

6. The Election Registration Officer And Sub Divisional Officer, Asind District Bhilwara.

----Respondents For Petitioner(s) : Mr. Sandeep Kalwaniya For Respondent(s) :

HON'BLE MR. JUSTICE ANAND SHARMA

Order

23/03/2026

1. Learned counsel for the petitioner submits that the petitioner is holding the post of Teacher Gr.-III in Government Upper Primary School, Madeda, Bhilwara and her name does not find place in the electoral roll of Bhilwara, yet she has been appointed as Booth Level Officer vide order dated 10.10.2025.

2. Learned counsel for the petitioner further submits that the issue involved in the instant writ petition has been examined by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the case of Ten Singh vs. State of Rajasthan & Anr. (S.B. Civil Writ Petition No.12975/2025), wherein following observations and directions were given:-

".......16. What can be interpreted and concluded from the above Clauses is that the first priority for appointment of Booth Level Officer is to be given to those regular State/local Government employees who are the electors of the concerned area where they are to be deployed as BLOs.

17. If no employee falling in the above category is available, the BLOs can be appointed amongst the Anganwadi workers, Contract Teachers or Central Government employees. But then, they also ought to be the elector of the concerned electoral area. However, if such employees are to be deployed, a ‘Non-availability Certificate’ was to be procured by the CEO.

18. In case of non-availability of the employees of both the above categories i.e. the regular or the contractual employees who are the electors of the concerned electoral area, adherence to Clause 1.3 of the guidelines could be made. Clause 1.3 of the modified guidelines of ECI specifically provides for appointment of BLOs from all such categories of employees who are working in the areas covered by that part of electoral roll. The only essential requirement in terms of Clause 1.3 of the guidelines is that it ought to have a prior approval of CEO.

19. Coming on to the present matters, as has been submitted in the reply to the writ petitions, the non-availability of both the categories of employees as prescribed in Clause 1.1 & 1.2 of the guidelines was ensured by the respondents before adhering to Clause 1.3 of the modified guideline.

20. So far as prior approval of CEO in terms of Clause 1.3 is concerned, there is no dispute on the same as such approval has been obtained and the relevant documents have even been annexed along with the reply.

21. In view of the above, the ground as raised on behalf of the petitioners to the effect that in no case, the employees working in the concerned area could be deployed as BLOs without first obtaining the ‘Non-availability Certificate’ qua regular State/local Government employees or the other contractual and Aanganwadi workers, is not tenable.

22. Evidently, the respondents have adhered to Clause 1.3 of the guidelines and as observed above, the only requirement for the said purpose is the approval of CEO, which has been taken.

23. The orders impugned on that count therefore, do not deserve any interference.

24. Coming on to the ground that regular State/local Government employees and Aanganwadi workers who are the electors of the concerned electoral area are available and des