VIRENDRA PRATAP KATARIYA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-5-162
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on May 23,2019

Virendra Pratap Katariya Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This writ petition has been filed by petitioners seeking reliefs as indicated in the writ petition.
(2.) It is submitted by learned counsel for the petitioners that the issue raised in the present writ petition is squarely covered by judgment of this Court in Manoj Khandelwal and Ors. v. State of Rajasthan and Ors. : S.B.C.W.P. No. 7283/2014, decided on 16.07.2014 at Jaipur Bench and the said judgment has been followed in Krishan Lal and Ors. v. The State of Rajasthan and Ors. : S.B.C.W.P. No. 19179/2017, decided on 30.10.2017 at Jaipur Bench, and therefore, the petitioners are also entitled to the same relief as granted in the case of Manoj Khandelwal (supra) and Krishan Lal (supra).
(3.) In view of the submissions made, the writ petition filed by the petitioners is disposed of with the similar directions as given in the case of Manoj Khandelwal (supra), which read as under:- "This Court in Suman Bai and Another Vs. State and Others - 2009 (1) WLC (Raj.) 381, held that candidates in lower order of merit cannot become entitled merely because they had approached court earlier. Petitioners had a fresh cause of action for approaching in such situation and their writ petition not barred either as res judicata or as being him in properly constituted. This directed the respondents to treat petitioners senior to respondents, who were in lower order of merit.;


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