HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Writ Petition No. 6128 / 2017

1. Gangaram Meena S/o Ram Dayal Meena,, Aged About 44 Years,

Village Kankarai, Post Naksonda, Tehsil Bari, District Dholpur, Rajasthan.

2. Deen Dayal Gupta S/o Girdhari Lal,, Aged About 46 Years, Saket

Colony, Mohan Nagar, Hindaun City, District Karauli, Rajasthan.

3. Rishi Kumar Punjabi S/o Virendra Kumar Punjabi,, Aged About 46

Years, C/o V.K. Punjabi, Rajasthan Agriculture Machinery Store, Naya

Katra, District Dausa, Rajasthan.

4. Rajesh Kumar Yadav S/o Sardar Mal Yadav,, Aged About 37 Years,

V/P Bagawas Ahiran, Via Bhabru, Tehsil Virat Nagar, District Jaipur,

Rajasthan.

5. Jitendra Kumar Sharma S/o Umakant Sharma,, Aged About 46 Years,

Indrapasth Colony, Shahpura District Jaipur, Rajasthan.

----Petitioners

Versus

1. State of Rajasthan Through Secretary, Education Department,,

Government Secretariat Rajasthan, Jaipur, Rajasthan.

2. Rajasthan Public Service Commission, Rajasthan,, Ajmer Through Its

Secretary.

3. The Director, Primary Education, Department,, Bikaner (Rajasthan).

----Respondents

_____________________________________________________

For Petitioner(s) :

Mr. Ram Pratap Saini

For Respondent(s) :

Mr. S.K. Gupta, A.A.G.

_____________________________________________________

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

/ Order

22/05/2017

Instant petition has been preferred under Article 226 of the

Constitution of India praying therein that the respondents be directed to

issue appointment letter in favour of the petitioners on the post of

Teacher Grade-III with all consequential benefits and same relief be

granted to the petitioners, as has been granted by the Division Bench at

Principal Seat at Jodhpur in the case of Rajasthan Public Service

(2 of 3)

[CW-6128/2017]

Commission Vs. Kaushal Kumar Gupta & Another, (D.B. Special

Appeal Writ No. 311/2017), decided on 18.04.2017.

Petitioners on 02.06.2004 had applied for the post of

Teacher Grade-III. Petitioners in year, 2011 received an information

under the Right to Information Act and revived their claim by praying

that earlier writ petition has been wrongly decided.

Be that as it may, in the present writ petition, it is prayed

that the petitioners be granted benefits, which has been granted to the

similarly situated persons by the Division Bench at Principal Seat at

Jodhpur in the case of Rajasthan Public Service Commission Vs.

Kaushal Kumar Gupta & Another, (supra).

Mr. S.K. Gupta, ld. Additional Advocate General appearing

for the respondents-State, has submitted that the same relief cannot be

granted to the petitioners, as reliance placed upon the judgment

rendered in the case of Rajasthan Public Service Commission Vs.

Kaushal Kumar Gupta & Another (supra) is misplaced. It is

contended by Mr. Gupta, ld. A.A.G. that in the case of Rajasthan

Public Service Commission Vs. Kaushal Kumar Gupta & Another,

(supra), Division Bench at Principal Seat at Jodhpur has specifically held

as under :-

“It is also made clear that the directions given by learned

Single Bench is not to be operated as a precedent and on

basis of it no other person having 134 marks in the same

process of selection shall become entitled to seek

appointment as Teacher Grade III.

The respondent-petitioner, however, shall be entitled for all

notional benefits including fixation of pay etc on grant of

the appointment.”

Petitioners have also obtained 134 marks.

(3 of 3)

[CW-6128/2017]

At this stage, Mr. Ram Pratap Saini, learned counsel

appearing for the petitioners, has submitted that he may be permitted

to withdraw the present writ petition with liberty to the petitioners to

file an application before Division Bench at Principal Seat at Jodhpur as

decided in the case of Rajasthan Public Service Commission Vs.

Kaushal Kumar Gupta & Another (supra) to urge that petitioners be

also similarly dealt with as Kau