Rajasthan High Court – Jodhpur
Pushpa Choudhary vs State Of Rajasthan on 2 December, 2021Bench: Arun Bhansali
HIGH COURT of JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 15319/2021
Hamendra Singh Chundawat S/o Raghunath Singh, aged about
42 Years, Resident of Village Bhundwas, District Rajsamand
(Rajasthan).
—-Petitioner
Versus
1. State of Rajasthan through the Secretary, Secondary
Education, Rajasthan, Jaipur (Rajasthan).
2. Joint Education Secretary, Education (Group II)
Department, Jaipur (Rajasthan).
3. Director, Secondary Education, Rajasthan, Bikaner
(Rajasthan).
4. Joint Director (Training), Secondary Education, Rajasthan,
Bikaner (Rajasthan).
5. District Education officer, Office of District Education
Officer Secondary (Headquarter), Rajsamand (Rajasthan).
6. District Education officer, Office of District Education
Officer Secondary (Headquarter), Karauli (Rajasthan).
—-Respondents
For Petitioner(s) : Mr. Indrajeet Yadav.
Mr. O.P. Sangwa.
Mr. Bherulal Jat.
Mr. Abhijeet Sharma.
Mr. Rajendra Singh Rathore.
Mr. Kailash Jangid.
Mr. Mohan Singh Shekhawat.
Mr. Rajendra Singh Bhati.
Mr. Chandraveer Singh Shekhawat.
For Respondent(s) : Mr. Hemant Choudhary, G.C.
Mr. Vishal Jangid, Dy. Govt. Counsel.
HON’BLE MR. JUSTICE ARUN BHANSALI
Order
02/12/2021
The present bunch of writ petitions enlisted in the appended
Schedule, which shall be treated to be part and parcel of the order
instant, are decided by a common order.
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These writ petitions have been filed by the petitioners
aggrieved against the order dated 12.10.2021 passed by the
respondents pursuant to the directions given by this Court in
various writ petitions led by Sangeeta Patidar vs. The State of
Rajsthan & Ors. : S.B.C.W.P. No.7730/2021 decided on
10.08.2021.
The petitioners, aggrieved by allotment of the districts
pursuant to reshuffling by the respondents, approached this Court
by filing various writ petitions led by Sangeeta Patidar (supra). A
Coordinate Bench of this Court after hearing the parties and on
their request, inter-alia, passed the following orders: –
“1. The present bunch of writ petitions enlisted
in the appended Schedule, which shall be treated to
be part and parcel of the order instant, are decided by
a common order.
2. These writ petitions have been preferred
by the petitioners, interalia, laying challenge to the
order of the allotment of District to the petitioners.
3. Learned counsel for the petitioners submit
that the issue involved in the present writ petitions is
squarely covered by the judgment of this Court dated
16.10.2020, passed by Jaipur Bench of this Court in
bunch of writ petitions led by Reena Vs. State of Raj.
& Ors.(S.B. Civil Writ Petition No.7617/2020).
4. Mr. Jangid, learned counsel for the
respondents does not dispute the aforesaid position of
facts and law.
5. The Jaipur Bench in its judgment in the
case of Reena (supra) has held thus:
“Keeping in view that the same principle
would be applied to the present selections,
this Court is satisfied that the directions
issued by the Coordinate Bench, at Principal
Seat, Jodhpur, as quoted in Para 35 of the
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judgment (supra), would have full application
to all the candidates, who have appeared in
the selection process and have been selected
as Teacher Grade-II. This Court also notices
that the case of the petitioners is identical to
the case of those petitioners, who were before
the Court in the case of Nirmal Jat (supra).”
6. Accordingly these writ petitions are
allowed.
7. The petitioners shall be free to make a
detailed representation to the concerned authority in
terms of the circular dated 25.09.2020, 30.09.2020
(if any) and any other circular if prevailing presently.
The representation be filed on or before 31.10.2021.
8. Till the petitioners’ representations are
decided as directed hereby, interim order passed in
the writ petitions shall continue.
9. All pending applications stand disposed of
accordingly.”
Pursuant to the order dated 10.08.2021 passed by the
Coordinate Bench , the respondents issued a communication dated
12.10.2021 (Annex.7 to S.B.C.W.P. No.14988/2021) referring to
order passed by the Court and directed as under:
“vr% funsZf”kr fd;k tkrk gS fd ekuuh; U;k;ky; }kjk ikfjr
fu.kZ;ksa ds dze esa vkids dk;kZy; Lrj ls fuEufyf[kr dk;Zokgh fd;k
tkuk lqfuf”pr djkosa %&
1- “kkjhfjd izf”k{k.k vuqns”kd xzsM kkk HkrhZ 2018 esa fj”kQy ftyk
vkoaVu ds lEcU/k esa dk;kZy; gktk ds i=kad
f”kfojk@ek/;@laLFkk@,Q&1@12102@”kk-f”k-xzsM&kkk@lh- Hk-&2018@,u-
ts-@2021 fnukad 11-06-2021 }kjk iznRr fn”kk&funsZ”kksa ds vuqlkj vkids
ftys esa “kkjhfjd izf”k{k.k vuqns”kd xzsM kkk ds fjDr inksa dks fnukad 14-10-
2021 rd foHkkxh; osclkbZV ij iznf”kZr djsaA
2- fcUnq la[;k 01 esa iznRr funsZ”kksa ds dze esa iznf”kZr fjDr inksa esa
ls fdlh ij inLFkkiu pkgus okys ;kfpdkfFkZ;ksa }kjk fnukad 31-10-2020
rd vkids dk;kZy; esa izLrqr leLr vH;kosnuksa dks fuEukuqlkj fuLrkfjr
fd;k tkos%&
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➢ fj”kQy ftyk vkoaVu ds rgr uohu vkoafVr ftys esa gh ¼vUr%
ftyk½ inLFkkiu LFkku esa ifjoZru pkgus okys ;kfpdkfFkZ;ksa ds
vH;kosnuksa dks fj”kQy ftyk vkoaVu ds lEcU/k esa dk;kZy; gktk
ds i=kad f”kfojk@ek/;@laLFkk@,Q&1@12102@”kk-f”k-
xzsM&kkk@lh- Hk-&2018@,u-ts-@2021 fnukad 11-06-2021 }kjk
iznRr fn”kk&funsZ”kksa ds vk/kkj ij inLFkkiu gsrq vH;fFk;ksa ds
ojh;rk dze dk fu/kkZj.k dj mDr ojh;rkuqlkj vH;kosnu dk
fuLrkj.k djsA
➢ “kkjhfjd izf”k{k.k vuqns”kd xzsM kkk HkrhZ 2018 esa fj”kQy ftyk
vkoaVu ds rgr uohu vkoafVr ftys dh osclkbZV ij iznf”kZr
fjDr in ds LFkku ij iwoZ vkoafVr@vU; ftys esa inLFkkiu
pkgus okys vH;fF;ksa ds vH;kosnuksa dks vLohdkj djrs gq,
fuLrkfjr djsA
3- leLr vH;kosnuksa dks fnukad 10-11-2021 rd fuLrkfjr djds
ekuuh; U;k;ky; }kjk fofHkUu ;kfpdkvksa esa iwoZ esa ikfjr varfje vkns”k
dh ikyuk esa iwoZ vkoafVr ftys ls dk;ZeqDr ugha gksus okys dkfeZdksa dks
fnukad 12-11-2021 rd dk;ZeqDr dj uohu vkoafVr ftys esa dk;Zxzg.k
djok;k tkuk lqfuf”pr djkosA”
The petitioners are aggrieved of the second part of Point
No.2, wherein it has been indicated that P.T.I. Grade-III, who have
applied for previously allotted/other districts other than the
reshuffled districts allotted to them, their representations be
rejected.
It is submitted by the learned counsel for the petitioners that
the action of the respondents in confining the choice of petitioners
for allotment of districts pursuant to order passed by this Court in
the case of Sangeeta Patidar (supra) to the allotted district is
wholly incorrect; the respondents should have permitted the
petitioners to opt for any of the districts throughout the State and
as such, the action being contrary to the directions given by this
Court, the offending portion of the communication dated
12.10.2021 deserves to be struck down.
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Counsel for the petitioners, in the alternative, made
submissions that as the last date given in the case of Sangeeta
Patidar for making representation was 31.10.2021 and the
respondents had issued the communication dated 12.10.2021 and
petitioners were aggrieved of the stipulation made therein, some
of them could not make the representations by 31.10.2021 as per
communication dated 12.10.2021 and, therefore, they may be
granted one more opportunity to make representation in
consonance with communication dated 12.10.2021.
E-converso, learned counsel for the State submitted that the
order dated 12.10.2021 is in consonance with the directions given
by this Court in the case of Sangeeta Patidar (supra), inasmuch as
the said case was decided directing the respondents to follow the
judgment in the case of Nirmla Jat vs. State of Rajasthan & Ors. :
S.B.C.W.P. No.5753/2020 decided on 14.09.2020. Once the
direction was to follow the directions issued in the case of Nirmla
Jat (supra), the communication dated 12.10.2021 issued is in
consonance with the directions contained therein, except for
change from division to district, inasmuch as cadre in the case of
Teacher Grade-II, which was the subject matter in the case of
Nirmla Jat (supra) was Division Wise, the cadre in the case of
P.T.I. Grade-III is District Wise and as such, the plea sought to be
raised by the petitioners being wholly baseless, the writ petitions
deserves to be dismissed.
Counsel for the respondents in peculiar circumstances of the
case do not object to the alternative prayer and submits that
representations, if any, should be filed within a period of ten days.
I have considered the submissions made by the counsel for
the parties and have perused the material available on record.
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A perusal of the order passed in the case of Sangeeta Patidar
(supra) would reveal that said petitions were decided while
referring to order passed in Reena vs. State of Rajasthan & Ors. :
S.B.C.W.P. No.7617/2020 decided on 16.10.2020 at Jaipur Bench.
The Bench at Jaipur in the case of Reena (supra) referred to
paragraph 35 of the judgment in the case of Nirmla Jat (supra)
and directed the respondents to follow the same directions. This
Court in the case of Nirmla Jat (supra) had, inter alia, directed as
under: –
“34. There is yet another reason, for which this
Court does not deem it appropriate to direct the
respondents to undertake the exercise afresh.
Seniority of the teachers is reckoned Division Wise.
Now all the teachers have been allotted the division
according to their merit cum preference. When it
comes to posting, it has to be noted that they are
subject to intra division transfers, hence, posting at a
particular place cannot be claimed as a matter of right.
Posting is only a matter of convenience, which can be
addressed/redressed at a later point of time.
35. Hence, considering the submission of the
State, as noticed in para No. 21 above and in view of
the common consensus and alternative oral
submission of all the learned counsel for the respective
petitioners, this Court deems it appropriate and in the
interest of all the concerned, particularly the
candidates (who are not before this Court) to dispose
of all the writ petitions with following directions:-
(i) The State shall publish latest subject-wise and
category-wise vacant position of each division on its
website, within a period of 15 days from today.
(ii) All the petitioners herein may submit
representations to the Director, giving choice(s) qua
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the vacant positions [out of their division(s)], so
published by the State. Representation(s) be furnished
within a period of four weeks from publication of such
list.
(iii) The petitioners shall also be permitted to
request for mutual transfer within their division.
(iv) The Director/Joint Director shall decide
petitioners’ representations within a period of four
weeks thereafter, while trying to accommodate the
petitioners in accordance with the preference given by
them, of course, if the relevant law/guidelines so
permit.
(v) In case, petitioners’ representations are
rejected, the respondents shall pass a reasoned order
under intimation to the concerned.
(vi) The petitioners will be free to take up their
remedies against such orders, in accordance with law.”
It may be noticed here that the Bench in the case of Nirmla
Jat (supra) observed that seniority of the Teachers is reckoned
Division Wise, which in the case of P.T.I. Grade-III, which is
subject matter of the present writ petitions, is reckoned District
Wise. If the directions given in the case of Nirmla Jat (supra) are
read mutatis mutandis qua the present case, instead of ‘Division’,
‘District’ will have to be read and consequently, the directions as
given in the case of Nirmla Jat (supra) would inter alia read as
under: –
(i) The State shall publish latest subject-wise and category-
wise vacant position of each District on its website, within a period
of 15 days from today.
(ii) All the petitioners herein may submit representations to
the Director, giving choice(s) qua the vacant positions [out of their
district(s)], so published by the State. Representation(s) be
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furnished within a period of four weeks from publication of such
list.
(iii) The petitioners shall also be permitted to request for
mutual transfer within their district.
The respondents in the communication dated 12.10.2021, as
quoted herein before, have required that in case of Intra-District
transfer within newly allotted districts, if representation has been
made, the same may be disposed of as per the merit of the
candidate(s) and qua the representations seeking Inter-District
Transfers, it was directed that the same be dismissed.
The communication dated 12.10.2021 is in consonance with
the directions given in the case of Nirmla Jat (supra), when the
same is read in context of the district, wherein the Court has
specifically indicated that the petitioners may submit
representation giving choice of any vacant position (out of their
district) so published by the State.
Once in the case of Nirmla Jat (supra), the choice was
restricted to Division, wherein the cadre was Division Wise, the
stipulation made in the communication dated 12.10.2021
restricting the choice within the district, in the present case,
where the cadre is District Wise, the same cannot be faulted on
any count.
In view of above fact situation, no case for interference in
the order dated 12.10.2021 is made out. The petitions have no
substance, they are therefore, dismissed.
In case the representations made by the petitioners are still
pending, the same may be decided expeditiously by the
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respondents, preferably within a period of three weeks in
accordance with communication dated 12.10.2021.
The petitioners, who have not made any representation in
consonance with communication dated 12.10.2021, they may
make representation within a period of ten days from today i.e. by
13.12.2021 and the respondents are directed to pass appropriate
orders thereon by 24.12.2021.
(ARUN BHANSALI),J
27, 108 to 214
& 216 to 219-DJ/-
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Schedule
S.No. Item WRIT PETITION No(s). PARTY NAME
No.
1. 108 SBCWP No.14831/2021 Surendra Pal Singh State of Raj.
Sandhu & Ors.
2. 109 SBCWP No.14835/2021 Jagdish Chandra State of Raj.
& Ors.
3. 110 SBCWP No.14861/2021 Gursahab Singh State of Raj.
& Ors.
4. 111 SBCWP No.14905/2021 Maya Devi State of Raj.
& Ors.
5. 112 SBCWP No.14945/2021 Vinod Kumar Suman State of Raj.
& Ors.
6. 113 SBCWP No.14963/2021 Ashok Kumar State of Raj.
Kumawat & Ors.
7. 114 SBCWP No.14964/2021 Meena Suman State of Raj.
& Ors.
8. 115 SBCWP No.14965/2021 Kailash Chand Bheel State of Raj.
& Ors.
9. 116 SBCWP No.14971/2021 Vinay Kulhari State of Raj.
& Ors.
10. 117 SBCWP No.14974/2021 Ram Ratan State of Raj.
& Ors.
11. 118 SBCWP No.14978/2021 Aman Deep Yadav State of Raj.
& Ors.
12. 119 SBCWP No.14982/2021 Sunil Chiraniya State of Raj.
& Ors.
13. 120 SBCWP No.14986/2021 Krishan Kumar State of Raj.
Choudhary & Ors.
14. 121 SBCWP No.14987/2021 Dara Singh State of Raj.
& Ors.
15. 122 SBCWP No.14988/2021 Rakesh Kumar State of Raj.
& Ors.
16. 123 SBCWP No.14990/2021 Sushila Kumari State of Raj.
& Ors.
17. 124 SBCWP No.15029/2021 Raju Dhobi State of Raj.
& Ors.
18. 125 SBCWP No.15051/2021 Jagdish Jat State of Raj.
& Ors.
19. 126 SBCWP No.15055/2021 Vinod Kumar State of Raj.
& Ors.
20. 127 SBCWP No.15058/2021 Neetu Vaid State of Raj.
& Ors.
21. 128 SBCWP No.15074/2021 Pushpa Choudhary State of Raj.
& Ors.
22. 129 SBCWP No.15078/2021 Dharampal Barala State of Raj.
& Ors.
23. 130 SBCWP No.15086/2021 Bhagirath Suthar State of Raj.
& Ors.
24. 131 SBCWP No.15092/2021 Sanju Devi State of Raj.
& Ors.
25. 132 SBCWP No.15094/2021 Sushila Saini State of Raj.
& Ors.
26. 133 SBCWP No.15096/2021 Mukesh Meena State of Raj.
& Ors.
27. 134 SBCWP No.15097/2021 Saroj State of Raj.
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& Ors.
28. 135 SBCWP No.15103/2021 Manisha Kannojiya State of Raj.
& Ors.
29. 136 SBCWP No.15108/2021 Pranjal Rawal State of Raj.
& Ors.
30. 137 SBCWP No.15110/2021 Vinod Kumar Lochib State of Raj.
& Ors.
31. 138 SBCWP No.15111/2021 Pokar Ram State of Raj.
& Ors.
32. 139 SBCWP No.15112/2021 Shankar Lal Bana State of Raj.
& Ors.
33. 140 SBCWP No.15114/2021 Rajesh Swami State of Raj.
& Ors.
34. 141 SBCWP No.15140/2021 Girdhari Singh State of Raj.
& Ors.
35. 142 SBCWP No.15151/2021 Nandu Jat State of Raj.
& Ors.
36. 143 SBCWP No.15154/2021 Madan Lal State of Raj.
& Ors.
37. 144 SBCWP No.15159/2021 Virendra Meena State of Raj.
& Ors.
38. 145 SBCWP No.15176/2021 Dinesh State of Raj.
& Ors.
39. 146 SBCWP No.15178/2021 Hemraj Gurjar State of Raj.
& Ors.
40. 147 SBCWP No.15180/2021 Bacchu Singh Gurjar State of Raj.
& Ors.
41. 148 SBCWP No.15187/2021 Sarita Khedar State of Raj.
& Ors.
42. 149 SBCWP No.15192/2021 Vinita Choudhary State of Raj.
& Ors.
43. 150 SBCWP No.15218/2021 Vinod Kumar Sujawat State of Raj.
& Ors.
44. 151 SBCWP No.15221/2021 Pushpa Kumari Gadri State of Raj.
& Ors.
45. 152 SBCWP No.15223/2021 Shanker Lal Saini State of Raj.
& Ors.
46. 153 SBCWP No.15225/2021 Ramesh Chandra State of Raj.
Gurjar & Ors.
47. 154 SBCWP No.15226/2021 Durga Devi State of Raj.
& Ors.
48. 155 SBCWP No.15237/2021 Jagmohan Singh State of Raj.
Gurjar & Ors.
49. 156 SBCWP No.15252/2021 Chetan Rathore State of Raj.
& Ors.
50. 157 SBCWP No.15255/2021 Omprakash State of Raj.
& Ors.
51. 158 SBCWP No.15258/2021 Mukesh Kumar Jat State of Raj.
& Ors.
52. 159 SBCWP No.15259/2021 Kalpana Gurjar State of Raj.
& Ors.
53. 160 SBCWP No.15306/2021 Devi Singh Adha State of Raj.
& Ors.
54. 161 SBCWP No.15307/2021 Dinesh Kumar Jat State of Raj.
& Ors.
55. 162 SBCWP No.15344/2021 Lokesh Kumar State of Raj.
& Ors.
56. 163 SBCWP No.15347/2021 Nehpal Singh State of Raj.
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& Ors.
57. 164 SBCWP No.15348/2021 Shankar Lal Menaria State of Raj.
& Ors.
58. 165 SBCWP No.15353/2021 Magha Ram State of Raj.
& Ors.
59. 166 SBCWP No.15360/2021 Mukesh Kumar Ahari State of Raj.
& Ors
60. 167 SBCWP No.15369/2021 Urmila Yadav State of Raj.
& Ors
61. 168 SBCWP No.15388/2021 Amrit Singh Parihar State of Raj.
& Ors
62. 169 SBCWP No.15390/2021 Ganesh State of Raj.
& Ors
63. 170 SBCWP No.15395/2021 Ajeet Godara State of Raj.
& Ors
64. 171 SBCWP No.15396/2021 Daleep Kumar State of Raj.
& Ors
65. 172 SBCWP No.15398/2021 Kamlendra Kumawat State of Raj.
& Ors
66. 173 SBCWP No.15408/2021 Yadavinder State of Raj.
& Ors
67. 174 SBCWP No.15409/2021 Eakbal Singh State of Raj.
& Ors
68. 175 SBCWP No.15411/2021 Sanju Kumari Khati State of Raj.
& Ors
69. 176 SBCWP No.15412/2021 Subodh Chaturvedi State of Raj.
& Ors
70. 177 SBCWP No.15414/2021 Ankit Jat State of Raj.
& Ors
71. 178 SBCWP No.15415/2021 Parvati State of Raj.
& Ors
72. 179 SBCWP No.15428/2021 Oma Ram State of Raj.
& Ors
73. 180 SBCWP No.15453/2021 Gambhir Singh Bhati State of Raj.
& Ors
74. 181 SBCWP No.15487/2021 Neelu Charan State of Raj.
& Ors
75. 182 SBCWP No.15542/2021 Ved Prakash State of Raj.
& Ors
76. 183 SBCWP No.15543/2021 Prahlad Bairagi State of Raj.
& Ors
77. 184 SBCWP No.15544/2021 Manpreet Singh State of Raj.
& Ors
78. 185 SBCWP No.15614/2021 Sangeeta Parihar State of Raj.
& Ors
79. 186 SBCWP No.15632/2021 Gaytri Vyas State of Raj.
& Ors
80. 187 SBCWP No.15639/2021 Arun Kumar Gusar State of Raj.
& Ors
81. 188 SBCWP No.15665/2021 Deepak Kumar State of Raj.
& Ors
82. 189 SBCWP No.15677/2021 Anita Kumari Damor State of Raj.
& Ors
83. 190 SBCWP No.15697/2021 Jagdeesh Meena State of Raj.
& Ors
84. 191 SBCWP No.15701/2021 Pinky Rani Jaat State of Raj.
& Ors
85. 192 SBCWP No.15703/2021 Sheela Meena State of Raj.
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& Ors
86. 193 SBCWP No.15704/2021 Tophik Alam State of Raj.
Kayamkhani & Ors
87. 194 SBCWP No.15705/2021 Shankar Chanderiya State of Raj.
& Ors
88. 195 SBCWP No.15706/2021 Santosh Gocher State of Raj.
& Ors
89. 196 SBCWP No.15707/2021 Sampat Ram State of Raj.
& Ors
90. 197 SBCWP No.15708/2021 Gajanand Palsania State of Raj.
& Ors
91. 198 SBCWP No.15712/2021 Baoo State of Raj.
& Ors
92. 199 SBCWP No.15713/2021 Naresh Yadav State of Raj.
& Ors
93. 200 SBCWP No.15736/2021 Rajesh Neniwal State of Raj.
& Ors
94. 201 SBCWP No.15738/2021 Ashok Kumar Dabi State of Raj.
& Ors
95. 202 SBCWP No.15769/2021 Vishawdeep Singh State of Raj.
Sekhon & Ors
96. 203 SBCWP No.15833/2021 Shilpa Sowara State of Raj.
& Ors
97. 204 SBCWP No.15837/2021 Bhupendra Kumar State of Raj.
& Ors
98. 205 SBCWP No.15842/2021 Anil Kumar State of Raj.
& Ors
99. 206 SBCWP No.15922/2021 Rajkumar Fogawat State of Raj.
& Ors
100. 207 SBCWP No.15933/2021 Surendra Kumar State of Raj.
Kanjar & Ors
101. 208 SBCWP No.15942/2021 Vikram Palsaniya State of Raj.
& Ors
102. 209 SBCWP No.15948/2021 Bhagya Singh Gurjar State of Raj.
& Ors
103. 210 SBCWP No.15997/2021 Mahaveer Prasad State of Raj.
Verma & Ors
104. 211 SBCWP No.16070/2021 Rajeshwar Singh State of Raj.
Rajawat & Ors
105. 212 SBCWP No.16226/2021 Ravindra Kumar State of Raj.
& Ors
106. 213 SBCWP No.16316/2021 Soniya Burdak State of Raj.
& Ors
107. 214 SBCWP No.16340/2021 Turna State of Raj.
& Ors
108. 216 SBCWP No.15800/2021 Saroj Meena State of Raj.
& Ors
109. 217 SBCWP No.15802/2021 Rekha Kumari State of Raj.
& Ors
110. 218 SBCWP No.15828/2021 Anita Faleja State of Raj.
& Ors
111. 219 SBCWP No.15838/2021 Usha Kumari Katara State of Raj.
& Ors
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