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[2026:RJ-JD:21489]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 7899/2025

Naresh Katara S/o Val Singh Katara, Aged About 32 Years, Pali

Badi, Ward No. 11, Tehsil Sajjangarh, District Banswara,

Rajasthan.

----Petitioner

Versus

1. The State Of Rajasthan, Through Its Secretary, Department

Of Rural Development And Panchayati Raj, Secretariat,

Jaipur.

2. Director, Elementary Education, Rajasthan, Bikaner,

Rajasthan.

3. Zila Parishad Banswara, Through Its Chief Executive Officer,

Banswara, Rajasthan.

4. Panchayat Samiti Sajjangarh, Through Its Development

Officer, Banswara, Rajasthan.

5. District Education Officer (Headquarter), Elementary

Education, Banswara, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Mahendra Vishnoi.

For Respondent(s) : Mr. Samarjeet Singh Bhati, for

Mr. Kamlesh Sharma, AGC.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

06/05/2026

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

following reliefs:

“1. The Impugned Order dated 13.01.2025 (Annex.5) passed

by the District Education OfÏcer may kindly be quashed and set

aside.

2. The respondents may kindly be directed to permit the

petitioner to join the services with all consequential benefits

and also provide the benefits arises by the order dated

16.01.2025.

3. Cost of litigation and damages may also be allowed in

favour of the petitioner.

4. Any other appropriate writ or order Οr direction which is

favorable to the petitioner in the facts and circumstances of

the case may kindly be granted to the petitioner.”

2. Brief facts of the case are that the present writ petition has

been preferred by the petitioner against the order dated

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13.01.2025 (Annex.5) issued by respondent No.5, whereby the

respondent authority terminated the services of the petitioner

during probation, stating that his services are no longer required

in public and departmental interest.

2.1. The petitioner was appointed on the post of Teacher Grade

III (Level II) at Government Senior Secondary School, Satsera

Khurd, District Banswara, by order dated 07.10.2023 (Annex.1).

During the period of probation, FIR No. 0182 dated 26.06.2024

came to be registered against the petitioner at Police Station

Kushalgarh, District Banswara, alleging that he had cleared the

REET Examination 2022 – Teacher & Upper Primary School

(General/Special Education) (Level II, Class 6 to 8) Direct

Recruitment 2022 – by placing a dummy candidate in his place.

Thereafter, Final Report was submitted.

2.2. On account of registration of the said FIR, the petitioner was

taken into custody and, during investigation, the department

issued order dated 05.08.2024 (Annex.2), served through the Jail

Authorities, whereby he was placed under suspension under Rule

13 of the Rajasthan Civil Services (Classification, Control and

Appeal) Rules, 1958 (CCA Rules 1958) and a departmental

enquiry was ordered under Rule 16 of the CCA Rules 1958. The

order dated 05.08.2024 (Annex.2) records that a chargesheet

along with memorandum of charges had been issued to the

petitioner and that a police report indicated that the photographs

on both the forms were of different persons and the signatures on

the application forms were also of different persons; it was further

noted that the offences alleged were punishable with life

imprisonment or sentence up to 10 years and that the incident

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had been published in the newspaper, thereby tarnishing the

image of the Education Department and the State Government.

2.3. The order dated 05.08.2024 (Annex.2), treating the matter

as a fit case to proceed under Rule 19(ii) of the CCA Rules 1958

on the premise that the petitioner was involved in forgery and had

secured selection on the basis of a dummy candidate, culminated

in dismissal from service on the strength of the distri