HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR
VEERA RAM – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 5690 / 2025
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[2026:RJ-JD:23601]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5690/2025
Veera Ram S/o Hukam Ram, Aged About 28 Years, Resident Of
Siyolo Ki Beri Band, P.s. Gudamalani, District Barmer (Rajasthan)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Rural
Development And Panchayati Raj Department,
Government Of Rajasthan, Jaipur.
2. The Rajasthan Staff Selection Board, Jaipur Through Its
Secretary.
3. The Director, Elementary Education, Rajasthan, Bikaner.
----Respondents
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) : Ms. Pratyaksha Rajpurohit for
Mr. Rajesh Panwar, AAG
Mr. Rakesh Arora
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
15/05/2026
By way of filing the present writ petition, the petitioner has
prayed for the following reliefs:-
“It is, therefore, in view of the submissions made
hereinabove, humbly and respectfully prayed that this writ
petition of the petitioner may kindly be allowed and:
1. By an appropriate writ, order or directions, the impugned
order dated 24.02.2025 (Annexure-18) passed by the
respondents, by which the candidature of the petitioner has
been rejected, may kindly be quashed and set aside.
2. By an appropriate writ, order or directions, the
respondents may kindly be directed to offer the appointment
to the petitioner on the post of Teacher Grade-III, Level-I
(Class-I to V) in pursuant of advertisement with all
consequential benefits. ...”
2. This is second round of litigation.
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3. Having heard the learned counsel for the parties and upon
perusal of the material available on record, this Court finds that
the appointment order issued in favour of the petitioner for the
post of Teacher Grade-III (Level-1), OBC Category, was cancelled
vide order dated 04.09.2023 on the ground of pendency of a
criminal case. The order dated 04.09.2023 was issued against the
petitioner without affording him any opportunity of hearing.
Aggrieved thereby, the petitioner preferred S.B. Civil Writ Petition
No.14058/2023 before this Court.
4. This Court, after hearing learned counsel for the parties, vide
order dated 02.08.2024, was pleased to dispose of the writ
petition with a direction to the respondents to pass a reasoned
and speaking order regarding the petitioner’s appointment/posting
after providing him a reasonable opportunity of hearing. The order
dated 02.08.2024 passed by this Court is reproduced below for
ready reference:-
“Heard learned counsel for the parties.
The present writ petition has been filed for the following
relief:
"(i) The action of the respondents while
disqualifying the petitioner for appointment on
the post of Teacher Grade III (Level-1) vide
order dated 04.09.2023 may kindly be declared
per-se bad in the eye of law, unjust, arbitrary,
contrary to Clause 11 of the advertisement
dated 16.12.2022 (Annex.2) and further
violative of Articles 14, 16 and 21 of the
Constitution of India and same may kindly be
quashed and set aside qua petitioner.
(II) The respondents may kindly be directed to
consider the case of the petitioner for
appointment on the applied post of teacher
Grade III (Level I) in pursuance to the
Rajasthan Primary and Upper Primary School
Teacher Direct Recruitment, 2021-22 for Non-
TSP with all consequential benefits."
Learned counsel for the petitioner submits that the
petitioner after having cleared the selection process for
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appointment on the post of Primary School Teacher (Level
1) has not been given appointment, He submits that vide
order dated 04.09.2023, the candidature of the petitioner
was rejected on the ground that criminal case is pending
against him, therefore, he has not been found eligible as
per the circular dated 04.12.2019 issued by the Department
of Personnel. Thereafter, in pursuance of the verbal
direction issued
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