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[2026:RJ-JP:21328]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 9089/2026

Vijay Kant Vyas S/o Gulab Chand Sharma, Aged About 56 Years,

R/o Rani Mohalla, Ward No. 16, Vpo Kishangarhbas, District

Khairthal-Tijara, Rajasthan.

----Petitioner

Versus

1. The State Of Rajasthan, Through Principal Secretary,

School Education, Government Secretariat, Jaipur.

2. The Director, Secondary Education, Bikaner.

----Respondents

For Petitioner(s) : Mr. Ram Pratap Saini with

Mr. Aamir Khan

For Respondent(s) : Mr. Devansh Sharma, Dy.G.C

HON'BLE MR. JUSTICE ANAND SHARMA

Order

20/05/2026

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

following prayer:

“It is therefore, most respectfully prayed that this Hon'ble court

may very graciously be pleased to accept and allow this writ pe-

tition and further be pleased to:

i) Issue an appropriate writ, order or direction thereby

quashing and setting-aside the posting/order dated

12.05.2026 in so far as it relates to the petitioner

whereby the petitioner has been posted at Govt. Sr. Sec-

ondary School, Sawaipur, Bhilwara;

ii) By Issuance of appropriate writ, order or direction, the

respondent may kindly be directed to issue fresh promo-

tion order after condcuting re-counseling process of va-

cant posts of Lecturer-Geography and reallot place

nearby place of posting to the petitiner on the vacant post

of Lecture-Geography.

iii) By issuance of an appropriate writ, order or direction

the respondents may kindly be directed to gvie same

benefit as given in the case of Poonam Ram vs. The State

of Rajasthan & ors.; S.B. Civil Writ Petition No.

[2026:RJ-JP:21328] (2 of 4) [CW-9089/2026]

8749/2025 (decided on 28.04.2025)

v) Pass any other appropriate order which this Hon'ble

Court may deem fit, just and proper in the facts and cir-

cumstances of the case in favour of the petitioner. “

2. At the outset, learned counsel for the petitioner relied

upon the judgment of Co-ordinate Bench at Principal Seat, Jodh-

pur in a batch of writ petitions led by S.B. CWP No. 8761/2025

(Smt. Verma Lata Vs. State of Rajasthan & Ors.) decided on

26.05.2025, whereby following directions were given:

"44. The writ petitions are therefore, disposed of with the

following directions:

(i) The petitioners shall be at liberty to file an application in

writing, exercising their option to forego the promotion,

within a period of 15 days from now.

(ii) The application shall be filed in writing clearly indicating

the option to forego the promotion. The consequences of

the said exercise of option, in terms of Rüle 33 of the Rules

of 2021, would follow.

(iii) The petitioners shall, along with their application, be

under an obligation to file a specific undertaking to the ef-

fect that they would be governed by Rule 33 of the Rules of

2021 and would not raise any grievance qua the same, in

future.

(iv) The petitioners shall also be under an obligation to file

a specific undertaking to the effect that they will not claim

any monetary or other benefit of the promotional post on

which they had joined in pursuance to order dated

17.12.2024.

(v) The petitioners shall further undertake that any benefit,

if any, availed by them because of their joining on the pro-

motional post, shall be refunded back by them whenever

called upon to do so by the respondents-Authorities.

(vi) The decision on the applications as filed by the peti-

tioners would be taken by the competent Authority posi-

tively within a period of four weeks of filing of the applica-

tions.

(vii) Till the applications as filed by the petitioners are de-

cided, the petitioners shall continue on their present place

of posting deeming them to be working on the post of 'Sr.

Teacher', as they were working before being promoted.

(viii) Those petitioners who have been relieved after the

orders of posting been passed, would also be entitled to file

an application in writing to forego their promotion and the

said applications shall also be decided in terms of the

above directions.

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