[2026:RJ-JP:8803]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8131/2020 Mukesh Kumar Sharma S/o Mangal Chand Sharma Aged About 36 Years, R/o Pandya Bid Vali Dhani, Bagwada, Tehsil Amer, District Jaipur, Rajasthan ----Petitioner Versus

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

2. The Director, Secondary Education, Rajasthan, Bikaner

3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Mukesh Kumar Sharma (petitioner present in person)

For Respondent(s) : Mr. Shreyansh Jain for Mr. Amit Lubhaya Mr. Bhavya Kala for Mr. Devansh Sharma, Dy.G.C.

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

25/02/2026

1. Instant writ petition is filed by petitioner with following prayers:

"It is therefore, most respectfully prayed that this Honible court may very graciously be pleased to accept and allow this writ petition and further be pleased to:

i. By an appropriate writ, order or direction in the nature thereof, the respondents be directed to give relaxation to the petitioner for one year by considering the Rule 6B of Rajasthan Civil Service (Absorption of Ex-Serviceman) Rules, 1988 under the Notification dated 17.04.2018 for appointment on the post of Sr. Teacher Gr. II (Non TSP Area) Subject Sanskrit under Ex-Serviceman Category. ii) By an appropriate writ, order or direction in the nature thereof, the respondents be directed to extend the joining date of the petitioner on the post of Sr. Teacher Gr. Il Subject Sanskrit until he is relieved from the Armed Force department.

iii. By an appropriate writ, order or direction in the nature thereof, the respondents be directed to not to reject the appointment of the petitioner on the post of Sr. Teacher Gr. II Subject Sanskrit.

iv) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioner.

v) Cost of the writ petition be also awarded in favour of the petitioner"

2. Learned counsel for petitioner and petitioner in person submits that petitioner has filed an application for post of Teacher Grade-II (Sanskrit) pursuant to advertisement (Annexure-1) and (Annexure-2). He further submitted that petitioner was selected and petitioner has applied for NOC but same has not been issued till the counselling which was scheduled on 13.12.2019. He further submitted that after the counselling the name of petitioner finds place at serial no. 2008 in merit list issued vide result dated 27.02.2020. He also submitted that as per notification dated 17.04.2018 the person who has retired or is retiring within forthcoming one year after earning his/her pension on the basis of no objection certificate was eligible to apply for the post but has to submit proof of retirement to the selection committee. He further submitted that the petitioner has submitted NOC to claim appointment in Ex-serviceman category. He also submitted that the petitioner was not considered for appointment despite the petitioner was having NOC.

3. Learned counsel appearing on behalf of respondent no.3 RPSC has placed reliance upon notification dated 17.04.2018 whereby Rajasthan Civil Services (Absorption of Ex- serviceman) Rules, 1988 were amended and by insertion of Rule-6-B after Rule-6-A, it was mandatory for the petitioner to submit proof of retirement. He further submitted that the petitioner has concealed material facts and has not submitted any proof of retirement before appearing in the examination. He also submitted that the petitioner has failed to provide any proof of retirement till date of counselling i.e. 13.12.2019, thus, the petitioner was not given any reservation benefit of General Ex-serviceman category. He also submitted that the candidature of petitioner was not considered in light of Rule-6-B of Rules of 1988 and against Rule, the petitioner is not entitled for any rel