Advocates:
['RAJESH PUNIA', '', 'JAMWANT GURJAR', 'YP KHILEREE', 'MANISH VYAS AAG', '', 'DEEPIKA PUROHIT', 'VIVEK SHARMA', 'KAILASH CHOUDHARY', 'PR SINGH']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR

S.B. Civil Writ Petition No. 16495/2018

Asha Kumarii

----Petitioner

Versus

The State Of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. Rajesh Punia, through Cisco

Webex

For Respondent(s)

:

Mr. Kailash Choudhary, through Cisco

Webex

JUSTICE DINESH MEHTA

Order

24/11/2020

Mr. Kailash Choudhary, learned counsel for the respondents

submits that the issue involved in the present writ petition has

been decided against the petitioner by the Division Bench of this

court vide judgment dated 6.9.2019 rendered in the case of Nikki

& Ors. Vs. State of Rajasthan & Ors. (DBSAW No. 515/2019). The

operative portion thereof reads thus:

“28.This court is of opinion that the judgment in Deepa

or Vikas Sankhala do not lead to the kind of situation

that has resulted in this case. In all those cases, the

question of migration despite the minimum prescribed

benchmark (for open category posts) was not in issue;

rather it was whether, having regard to the rules, the

benefit of age relaxation or any such advantage gained

by the reserved category candidate precluded her or

him from securing as lot in the open merit category:

implicit in those cases was