Indira Tiwari W/o Shri Narendra Kumar Joshi v. State of Rajasthan
2022-02-10
ARUN BHANSALI
body2022
DigiLaw.ai
JUDGMENT : ARUN BHANSALI, J. 1. These writ petitions have been filed by the petitioner aggrieved against the notice dated 13.12.2018 issued to the petitioners calling upon them to show cause, why their service should not be terminated. 2. The petitioners were selected pursuant to the Prabodhak Recruitment 2008. 3. A judgment in Om Prakash Chhipa vs. State of Rajasthan and Others, S.B. Civil Writ Petition No. 5125/2015, which came to be delivered by a Coordinate Bench of this Court at Jaipur on 17.12.2015 inter-alia directing the respondents to arrange the list in the manner indicated therein. 4. Based on the judgment in the case of Om Prakash Chhipa (supra) as on account of rearrangement of merit list, the (D.B. SAW No. 67/2020 has been filed in this matter. Please refer the same for further orders) petitioners were not falling within the merit, they were issued the notices calling upon them to show cause. 5. The notices issued to the petitioners came to be stayed by this Court by way of interim orders. 6. Learned counsel appearing for the petitioners made submissions that the cause for issuing the notices to the petitioners was Single Bench judgment in the case of Om Prakash Chhipa (supra), the said judgment has been reversed by the Division Bench in State of Rajasthan and Others vs. Om Prakash Chhipa, D.B. Special Appeal Writ No. 68/2019, decided on 19.07.2019 and as such, the very foundation of issuing the notice to the petitioners has been set-aside and, therefore, the notices deserves to be quashed and set-aside. 7. Learned counsel appearing for the respondent - State is not in a position to dispute the above submission made by learned counsel for the petitioners, as from notices issued dated 13.12.2018, it is apparent that the same has been issued based on Single Bench order in the case of Om Prakash Chhipa (supra). 8. In view of the above fact situation, wherein, the foundational order itself has been set-aside by the Division Bench, the notices issued to the petitioners have been rendered infructuous. 9. Consequently, the writ petitions filed by the petitioners are allowed. Notices dated 13.12.2018 issued to the petitioners are quashed and set aside.