High CourtsSingle Bench

Priyanka Ola vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 13 October 2020 · Citation: (2020) 10 RAJ CK 0037

HON’BLE JUDGES
Arun Bhansali, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 9858, 9867 Of 2020
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Judgment

9 paragraphs · 390 words

These writ petitions have been filed by the petitioners seeking the following reliefs:-

"(i) By an appropriate writ order or direction, the respondents may kindly be directed to accept petitioner's application form through offline process for the post of Lab Technician pursuant to the advertisement dated 12.06.2020 (Annexure-4). "(ii) By an appropriate writ order or direction, the respondents may kindly be directed to give appointment to the petitioner on the post of Lab Technician, if petitioner succeeds to secure her name in the merit list with all consequential benefits.

(iii) Any other relief which the Hon'ble Court considers just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioner.

(iv) Costs of the writ petition may kindly be awarded to the petitioner."

Learned counsel appearing for the respondents submit that the issue raised in the present writ petitions is squarely covered by orders passed by Co-ordinate Benches of this Court in Manish Sharma & Anr. v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.4927/2020, decided on 1.7.2020, Gurpreet Kaur v.

State of Rajasthan & Ors.: S.B. Civil Writ Petition No.7030/2020, decided on 24.8.2020 and Subhash Choudhary v. Rajasthan Sub-ordinate & Ministerial Service Selection Board & Ors.: S.B. Civil Writ Petition No.8113/2020, decided on 11.9.2020.

Learned counsel for the petitioners submits that despite the said orders, the Bench at Jaipur on 5.10.2020 in S.B. Civil Writ Petition No.11071/2020 (Kalpana Pareta v. State of Rajasthan & Ors.) has granted interim order.

I have perused the orders passed in the case of Gurpreet Kaur (supra), Subhash Choudhary (supra) as well as Manish Sharma (supra) and the order passed in the case of Kalpana Pareta (supra), apparently the issue raised in the present writ petitions stand squarely covered by orders passed in Gurpreet Kaur (supra), Subhash Choudhary and Manish Sharma (supra), however, the said binding orders were apparently not cited before the Bench at Jaipur in the case of Kalpana Pareta (supra). Even otherwise, in teeth of the binding final orders, the interim order passed by the Bench at Jaipur, in ignorance of the final orders already passed, cannot be treated as a precedent.

In view thereof, following the judgments in the case of Gurpreet Kaur (supra), Subhash Choudhary (supra) and Manish Sharma (supra), the writ petitions filed by the petitioners are dismissed.