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[2026:RJ-JD:22641]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 5810/2026

Amit Kumar S/o Shri Jai Singh, Aged About 39 Years, Resident

Of Village Jainawas, Tehsil Tosham, District Bhiwani, Haryana.

Presently Posted As Teacher Gr.-Iii, Level-Ii (Subject English) At

Govt. Upper Primary School, Beldaron Ki Dhani-1, Block

Pokhran, District Jaisalmer, Rajasthan.

----Petitioner

Versus

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

Department Of School Education (Primary), Government

Of Rajasthan, Secretariat Jaipur, Rajasthan.

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

Rajasthan.

3. The Secretary, Rajasthan Staff Selection Board (Rssb),

State Institute Of Agriculture Management Premises,

Durgapura, Jaipur, Rajasthan.

4. The Chief Executive Officer (Ceo), Zila Parishad,

Jaisalmer, Rajasthan.

5. The District Education Officer (Headquarters), Elementary

Education, Jaisalmer, Rajasthan.

6. The Vikas Adhikari (Block Development Officer),

Panchayat Samiti, Panchayat Samiti Sankda, District

Jaisalmer, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Puna Ram Sen

For Respondent(s) : Mr. Kamlesh Sharma, AGC

Mr. Kuldeep Vaishnav

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

12/05/2026

The petitioner is aggrieved by ignorance of her merit position

in selection while giving posting. It is submitted that a policy was

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[2026:RJ-JD:22641] (2 of 3) [CW-5810/2026]

framed by the government that while making appointment,

posting would be given keeping in mind the merit position of the

स्ቓमेव जयत candidates. If a candidate is meritorious then preference

would be given to him/her for posting in his/her home district. The

allegation of the petitioner is that while making appointment and

posting, her merit position was ignored. As a consequence thereof,

less meritorious candidates were given posting in their home

district. The prayer is accordingly made to direct the non-

petitioners to change posting of the petitioner to give it in the

district to which he belongs or in the district given in her option

form.

Mr. Kamlesh Sharma, learned AGC appearing for the State

submits that while giving posting, care of merit position was

taken. It was made strictly in accordance with the guidelines

formulated by the State Government for it. There is no deviation

therein, hence, grievance raised by the petitioner is without any

basis. The prayer is accordingly made to dismissed the writ

petition.

I have considered rival submissions of the parties and

perused the record.

It is not in dispute that after selection and appointment on

the post of Teacher Level-2 in the Education Department, posting

was to be given in accordance with the guidelines formulated by

the State Government. As per the guidelines, meritorious

candidates were to be adjusted in their home district subject to

availability of the post. The allegations have been made by the

petitioner for violation of the merit position of the candidates.

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[2026:RJ-JD:22641] (3 of 3) [CW-5810/2026]

It is submitted that less meritorious candidates have been

adjusted in a district to which they belong thus there is violation of

the guidelines.

I find that when guidelines have been framed by the

government to give preference to the merit, it is required to be

applied. Learned Government Advocate has contested the case

and stated that merit list has not been violated.

After considering the submissions, the writ petition is

disposed of with direction to the respondents to consider the case

of petitioner in reference to the merit position according to subject

of the petitioner for which he was selected on 13.08.2025 and if

they find that any candidate with less merit has been adjusted in

the district he/she belongs, the government would rectify the

mistake or error, if any, within a period of three months.

It is made clear that prior to issuing appointment