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[2026:RJ-JD:15259]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Writ Petition No. 6562/2026

PETITIONER:

Hitesh Bhadu S/o Shri Pabu Ram, Aged about 26 years, Resident of Devanion Ki Dhani, Shivkar, District Barmer, Rajasthan.

Versus RESPONDENTS:

1. State of Rajasthan, through the Secretary, Elementary Education, Government of Rajasthan, Jaipur, Rajasthan.

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

3. The District Education Officer, Barmer, Rajasthan.

4. The Zila Parishad Barmer, through its Chief Executive Officer, Barmer, Rajasthan.

For Petitioner : Mr. Manish Patel Advocate.

For Respondents : Mr. Digvijay Sodha Advocate.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

02/04/2026

1. By way of instant writ petition, the petitioner has assailed legality and validity of order dated 01.01.2025 issued by the District Education Officer, (Headquarter), Elementary Education, Barmer, whereby, treating the appointment of the petitioner as void ab initio, services of the petitioner have been terminated with effect from

13.10.2022.

2. Learned counsel for the petitioner emphatically submitted that the petitioner participated in the recruitment process initiated by the Director, Elementary Education vide advertisement dated 31.12.2021 and after undergoing entire selection process under the rules, appointment was given to the petitioner on 28.10.2022.

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[2026:RJ-JD:15259] (2 of 6) [CW-6562/2026] Learned counsel submits that bare perusal of order dated 01.01.2025 would reveal that the order is stigmatic in nature and services of the petitioner have been terminated without following due procedure of law. Even no show cause notice has been issued by the respondents prior to passing of order dated 01.01.2025. Learned counsel for the petitioner further submits that when an employee has been appointed after following the procedure contemplated under the rules, his/her services cannot be terminated in quite arbitrary manner and even if, any misconduct is alleged against the employee, he/she has every right to defend himself/herself in accordance with the procedure contemplated under the provisions of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter to be referred as ‘the Rules of 1958’). In the instant case, since no show cause notice was issued by the respondents, therefore, impugned order is ex-facie illegal and the

same is liable to be quashed by this Court.

3. Learned counsel for the petitioner further submitted that even otherwise, appointing authority of the petitioner is District Establishment Committee, Barmer, yet order impugned has been passed by the District Education Officer (Headquarter), Elementary Education, Barmer, who is not competent to pass any order for terminating services of the petitioner. In support of his submissions, learned counsel for the petitioner placed reliance upon the decision of this Court in the case of Sharvan Choudhary vs. State of Rajasthan & Others (S. B. Civil Writ Petition No. 4298/2025

decided on 08.05.2025)

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[2026:RJ-JD:15259] (3 of 6) [CW-6562/2026] 4. Learned counsel appearing for the respondents submitted that the petitioner was appointed by the respondents with a condition that in case, any qualification document or any certificate on the basis of which the petitioner has sought appointment, is found to be incorrect or forged, or not issued in accordance with law, then the respondents have got right to cancel the appointment. In the instant case, the petitioner submitted application in the category of Outstanding Sportsperson on the basis of one certificate issued by Madhya Pradesh Taekwondo Association. However, on enquiry, the aforesaid certificate was found to be forged. Under these circumstances, where the petitioner was appointed on the basis of forged certificate,