IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2018

1. Subhash Chandra Rawat S/o Bhagwan Sahay

Rawat aged about 34 years, Resident of Village
Shyampura, Post Pallari, Via-Med, District Jaipur
(Rajasthan)
2. Dinesh Kumar Saini S/o Shri Bhanwar Lal Saini
aged about 31 years, Resident of House No. 113,
Kayasth Mohalla, Old City, Kishangarh, Ajmer

…Petitioner
Versus
1. State of Rajasthan Through the Secretary,
Department of Education, Government of
Rajasthan, Jaipur, Rajasthan.
2. The Secretary, Rural Development and Panchayati
Raj Department, Government of Rajasthan, Jaipur.
3. Director, Elementary Education, Bikaner.
4. The District Education Officer (Elementary
Education), Chittorgarh.
5. The Chief Executive Officer, Zila Parishad,
Chittorgarh.
….Respondents

S.B. WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA
AND
IN THE MATTER OF ARTICLE 14, 16 & 21 OF THE
CONSTITUTION OF INDIA
 AND
IN THE MATTER OF NOT GIVING THE BENEFIT OF PAY
FIXATION AND SENIORITY ON NOTIONAL BASIS
AND
IN THE MATTER OF ACCORDING THE SAME BENEFITS
TO THE CANDIDATES WHO WERE GIVEN
APPOINTMENT DESPITE BEING LOWER ON THE MERIT
LIST
AND
IN THE MATTER OF PRINCIPLES OF NATURAL JUSTICE

To,
The Hon’ble Chief Justice and his other Hon’ble
Companion Judges of the Rajasthan High Court,
Bench at Jaipur.

MAY IT PLEASE YOUR LORDSHIPS,

The humble petitioner, above named, most

respectfully begs to submit as under:-

1. That the petitioners are Citizens of India and the

cause of action has arisen within the jurisdiction of
this Hon’ble High Court, therefore, they are entitled
to invoke the extraordinary jurisdiction of this
Hon’ble Court under Article 226 of the Constitution
of India to redress their genuine grievance.

2. That the respondents issued an advertisement for

the post of Teacher Grade III (Level I/Level II) in the
year 2012 and petitioners being eligible for the same
applied for the post

3. That the petitioners have secured merit number

495 and 245 in the said examination along with
 allotted roll numbers 51210737 and 51210719
respectively.

4. That the petitioners after the declaration of

revised result and a thorough document verification
were given appointment in allocated schools in
places namely Kheda-Gopalpura and Motipura
namely by the office order dated 25.05.2017.The
document has been marked as ANNEXURE-1. Also
the petitioners were allotted their respective
subjects i.e. Mathematics/Science. The document
referring the same has been marked as
ANNEXURE-2.

5. That the petitioners after joining their respective

offices had also officially communicated it to the
Principal of Rajkiye Uchch Prathmik Vidhyalay,
Kheda-Gopalpura by a formal letter dated
26.05.2017. The document has been marked as
ANNEXURE-3.

6. That the petitioner no. 1 being unsure of the fate

of numerous litigation pending for the revised result
of 2012 Direct Recruitment Examination for the
post of Teacher Grade III also appeared in the Direct
Recruitment Examination for the post of Teacher
Grade III in the subsequent year 2013 as well.

7. That the petitioners no. 1 after the getting

appointed by the letter dated 25.05.2017 the revised
result of Teacher Grade III Direct Recruitment
Examination,2013 also came in August,2017 and
was given post as per office order dated 03.05.2018
in Viratnagar, Rajasthan. The name of the petitioner
is mentioned on serial no. 73 of the office order.
 That the document has been marked as
ANNEXURE-4.

8. That the petitioner no. 1 was already working as

a teacher when the revised result of 2013 came in
and before applying for the post of Direct
Recruitment 2013 he has received a No-objection
Certificate from the office he had been working in
dated 15.03.2018. The copy of the office order dated
15.03.2018 has been marked as ANNEXURE-5.

9. That it is also significant to mention before the

Hon’ble Court that the petitioner in respect of the
revised results were given appointment. But upon
joining their respective offices the petitioners were
not granted with the benefits of pay fixation and
seniority on notional basis as given to the junior(s)
of the petitioner(s) from the date of joining.

10. That aggrieved by this condition after being given

the appointment the petitioners being aggrieved of
not duly granted the benefit of pay fixations and
seniority on notional basis referred to the the civil
writ petition 5451/2018 , “that the entitlement of
the petitioner for appointment on the basis of
originally prepared merit list cannot be denied.
If admittedly, the candidates, who are lower in
merit, have been granted appointment, those
who were above them in the merit cannot be
denied such right of appointment. Seniority as
per the rules in the case of direct recruitment
on the post in question is required to be
assigned on the basis of placement of the
candidates in the select list and when the
selection is common and the merit list on the
 basis of which appointments were made is also
common, right to secure appointment to both
the set of employees thus flows from their
selection which in turn is based on merit.
Regard being had to all these facts, merely
because one batch of employee approached this
Court later and another earlier, and both of
them having been appointed, the candidates
who appeared 6 lower in merit cannot certainly
be placed at a higher place in seniority. It was
on this legal analogy that Division Bench of
this Court in Niyaz Mohd. Khan(supra) held that
the petitioner therein entitled to be placed in
seniority in order of merit of common selection
amongst persons appointed in pursuance of the
same selection with effect from the date person
lower in order of merit than the petitioner was
appointed with consequential benefits.”

11. That now according to the above mentioned

judgement of the Hon’ble Court and also due to no
fault of the petitioners they should not only be
appointed duly on their respective post but also to
be given the benefits of pay fixation and notional
benefits.

12. That the petitioners approached the respondents

with the representation of being aggrieved with the
same issue but no heed was paid and the
petitioners were left with no option but to approach
the court in the interest of justice.

13. That being aggrieved to action of the respondents

this writ petition is filed on following amongst
grounds:
 GROUNDS

a) Because the action of the respondents in not

giving the petitioners due appointment despite being
eligible according to the merit list and giving the
appointments to the candidates lower in merit list
than the petitioner has caused serious jeopardy to
the petitioners.

b) Because the action of the respondents in not

giving the petitioners due appointment due to the
reasons best known to them and making a further
delay of approximately 5 years in givng them due
appointment should not led to unreasonable loss to
the petitioners in getting the pay fixation and
notional benefits just as same as that of the
junior(s) who were appointed before the petitioner(s)
despite being lower on the merit list.

c) Because this will be a serious jeopardy done to

the petitioners if this kind behavior persists in
services by the employing authority and this will
take away the faith of public from the judicial
system.

PRAYER

It is, therefore humbly prayed that Your Lordship

may graciously be pleased to accept and allow this writ
petition and by an appropriate writ, order or direction:-

1. That the respondents may kindly be directed to

comply with the orders of the court with providing
the petitioners the pay fixation and seniority on
notional basis to the petitioners from the date
junior(s) to the petitioner(s) has/have been accorded
 with reference to the same recruitment process of
the year 2012.
2. Cost of the writ petition may also be awarded in
favour of the petitioner.

HUMBLE PETITIONER

THROUGH COUNSEL

(TANVEER AHAMAD)
Advocate

NOTES :-
1. This is S.B. Civil Writ Petition as no vires of any Act
is under challenge.
2. That no such similar writ petition prior to this has
been filed by the petitioner before any competent
court of law.
3. That PF, Notices and extra sets shall be filed as per
direction of the Hon’ble Court.
4. That Pie papers were not readily available; as such
the writ petition has been typed on stout papers by
my private steno.

COUNSEL FOR THE PETITIONER

 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2018

Subhash Chandra Rawat and Anr. Versus State of Raj. &

Anr.

AFFIDAVIT IN SUPPORT OF WRIT PETITION

1. I, Subhash Chandra Rawat S/o Bhagwan

Sahay Rawat aged about 34 years, Resident of
Village Shyampura, Post Pallari, Via-Med, District
Jaipur (Rajasthan) do hereby take oath and state as
under:-
1. That I am the Petitioner in the above mentioned case
therefore, I am well conversant with the facts and
circumstances of the case.
2. That the annexed writ petition has been drafted by my
counsel under my instructions. I have read over the
same and understood the same.
3. That the statements in the writ petition are true and
correct.
 VERIFICATION

I, the above named deponent, do hereby verify that

the contents of paras 1 to 3 of my above affidavit are true
and correct. Nothing material has been concealed
therein and no part of it is false. So help me God.

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL MISC. STAY APPLICATION NO……../2018

IN
S.B. CIVIL WRIT PETITION NO. _______/2018

1. Subhash Chandra Rawat S/o Bhagwan Sahay

Rawat aged about 34 years, Resident of Village
Shyampura, Post Pallari, Via-Med, District Jaipur
(Rajasthan)
2. Dinesh Kumar Saini S/o Shri Bhanwar Lal Saini
aged about 31 years, Resident of House No. 113,
Kayasth Mohalla, Old City, Kishangarh, Ajmer
3.
…Petitioner
Versus
6. State of Rajasthan Through the Secretary,
Department of Education, Government of
Rajasthan, Jaipur, Rajasthan.
 7. The Secretary, Rural Development and Panchayati
Raj Department, Government of Rajasthan, Jaipur.
8. Director, Elementary Education, Bikaner.
9. The District Education Officer (Elementary
Education), Chittorgarh.
10. The Chief Executive Officer, Zila Parishad,
Chittorgarh.
….Respondents

S.B. CIVIL MISC. STAY APPLICATION UNDER

ARTICLE 226 OF THE CONSTITUTION OF
INDIA

To

The Hon’ble Chief Justice and his other Hon’ble

Companion Judges of the Rajasthan High Court,
Bench at Jaipur

MAY IT PLEASE YOUR LORDSHIPS,

The humble petitioner-applicant above named, most

respectfully begs to submit as under:-

1. That the petitioner has preferred annexed writ

petition numbered above, contents of the writ
petition may kindly be treated as part and parcel of
this stay application also for the sake of bulkiness
and brevity.

2. That humble petitioner has a strong prima-facie

case in his favour, balance of convenience also lies
in her favour and if petitioner is not granted interim
 protection, he will face irreparable loss and injury,
which cannot be compensated in terms of money.

3. That principle of natural justice and equity also

demands that the interim order be passed in favour
of the petitioner.

PRAYER

It is, therefore, humbly prayed that this stay

application may kindly be allowed and during the
pendency of the writ petition, the respondents may be
directed to provisionally allow the petitioners to
participate in the B.Pharma Part –IV examination2018 in
the interest of justice.
Any other appropriate order, which may be found
just and proper in the facts and circumstances of the
case, be passed in favour of the petitioner.

HUMBLE PETITIONER-APPLICANT

THROUGH COUNSEL
Jaipur
Dated : ________/2018
(TANVEER AHAMAD)
Advocate

NOTES :-
1. That no such application has been filed previously
before this Hon'ble Court.
2. PF, Notices and extra sets shall be filed as per
direction of the Hon’ble Court.
3. Pie papers were not readily available; as such the
stay application has been typed on stout papers by
my private steno.

(TANVEER AHAMAD)
Advocate
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL MISC. STAY APPLICATION NO……../2018

IN
S.B. CIVIL WRIT PETITION NO. _______/2018

Nitesh Sharma & Ors Versus State of Raj. & anr.

AFFIDAVIT IN SUPPORT OF STAY APPLICATION

I, Nitesh Sharma S/o Gauri Datt Sharma aged

about 26 years, Resident of Ward No. 08, Near Govt.
School No.-03, Neem Ka Thana, District-Sikar
(Rajasthan) do hereby take oath and state as under:-
1. That I am the Petitioner-Applicant in the above
mentioned case therefore, I am well conversant with
the facts and circumstances of the case.
2. That the annexed application has been drafted by
my counsel under my instructions. I have read over
the same and understood the same.
3. That the statements in the application are true and
correct.
 VERIFICATION
I, the above named deponent, do hereby verify that
the contents of paras 1 to 3 of my above affidavit are true
and correct. Nothing material has been concealed
therein and no part of it is false. So help me God.
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2018

Nitesh Sharma & ors Versus State of Raj. & anr.

AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, Nitesh Sharma S/o Gauri Datt Sharma aged about
26 years, Resident of Ward No. 08, Near Govt. School
No.-03, Neem Ka Thana, District-Sikar (Rajasthan) do
hereby take oath and state as under:-
1. That I am the petitioner, I am fully conversant
with the facts and circumstances of the present
case.
2. That the Annexure-1 to Annexure-6 annexed with
this writ petition are the true and correct photostat
copies of their originals.

VERIFICATION
I, the above named deponent, do hereby verify that
the contents of paras 1 and 2 of my above affidavit are
true and correct. Nothing material has been concealed
therein and no part of it is false. So help me God.
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2018

Nitesh Sharma & ors Versus State of Raj. & anr.

INDEX

Sl. Page
Particulars
No. No.
1. Writ Petition
2. Affidavit in support of Writ Petition
3. Stay Application
4. Affidavit in support of Application
5. Documents:
Annexure-1- Copy of first year main
exam marks sheet along
with due paper marks
sheets.
Annexure-2- Copy of second year
main exam marks sheet
along with due paper
marks along with
revaluation marks.
Annexure-3- Copy of third year main
exam marks sheet along
with due paper marks
along with revaluation
marks.
Annexure-4- Copy of fourth year
main exam marks sheet
along with due paper
marks along with
revaluation marks.
Annexure-5- Copy of Notice/Order
 dated 17.04.2018.
Annexure-6- Copy of application
forms of the few of
petitioners.

6. Affidavit in support of documents

(TANVEER AHAMAD)
Advocate

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2018

Nitesh Sharma & ors State of Raj. & anr.

SYNOPSIS

1 That the petitioners have taken admission in June

2009 in B. Pharmacy course at Sanjivani College of
Pharmaceutical Sciences, Khetari, which is 4 years
full time degree course conducted by Rajasthan
University of Health Sciences.

2 That the petitioners appeared in their examination

and Part IV examinations they could not clear their
exams.

3 That the petitioners attempted their due paper but

they could not succeed in the due paper exams.
 4 That the respondents have issued a notice dated
17.04.2018 pertaining to the fill up examinations
forms for B. Pharmacy part-I to part IV (old scheme)
exam-May 2018 wherein petitioners are not allowed
to fill up the examination form for their due papers
of forth year (new scheme exam).

5 Hence, this writ Petition.

(TANVEER AHAMAD)
Advocate

Jaipur
Dated : ________/2018
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

REGD. ADDRESS :

S.B.C.W. PETITION NO.………………………./2018

Nitesh Sharma & ors Versus State of Raj. & anr.

THAT in the above case registered address of the

petitioner is

1. Nitesh Sharma S/o Gauri Datt Sharma aged about

26 years, Resident of Ward No. 08, Near Govt.
School No.-03, Neem Ka Thana, District-Sikar
(Rajasthan)
Mob. 9680838700
2. Avinash Sharma S/o Pradip Kumar Sharma aged
about 25 years, Resident of Ward No. 20, Chawani,
Neem Ka Thana, District-Sikar (Rajasthan)
Mob. 8387047159
3. Dinesh Saini S/o Girdhari Lal Saini aged about 26
years, Resident of Ward No. 20, Chawani, Neem Ka
Thana, District-Sikar (Rajasthan)
Mob. 9602424436
4. Ram Naresh Gurjar S/o Om Prakash Gurjar aged
about 28 years, Resident of VPO- Chirani, Tehsil-
Khetri, District- Jhunjhunu (Rajasthan)
Mob. 9785287105
5. Harsh Jhalani S/o Sanjay Kumar Jhalani aged
about 27 years, Resident of E-128 Ambabari, Jaipur
(Rajasthan)
Mob. 9636844226