HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4819/2021
1. Umesh Kanwar W/o Satyendra Singh Ranawat, Aged About 28 Years, Near Police Line New Vakil Colony, Bhilwara, Raj.
2. Neelam Kumari D/o Jai Veer Singh, Aged About 30 Years, Kalari, Tehsil Rajgarh, Dist. Churu, Raj.
3. Sheela D/o Subhash Chand, Aged About 31 Years, Village Nand Ka Bas Nand, Tehsil Malsisar, Dist. Jhunjhunu, Raj.
4. Sonu Kumar S/o Rajveer, Aged About 25 Years, Village Sinsini, Tehig Dig, Dist. Bharatpur, Raj.
5. Haredra Singh S/o Narayan Singh, Aged About 29 Years, Village Sinsini, Tehig Dig, Dist. Bharatpur, Raj.
6. Bhagwan Sahai Meena S/o Sedu Ram Meena, Aged About 35 Years, Vpo Dhahariya, Tehsil Nadoti, Dist. Karuali, Raj.
7. Rajeshwari Meena D/o Birbal Meena, Aged About 22 Years, Vpo Surari Kallan,barauli, Dist. Dholpur, Raj.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Secretary, Department Of Education, Government O Rajasthan, Secretariat, Jaipur, Rajasthan.
3. The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Tanwar Singh
For Respondent(s) : Mr. Kailash Choudhary for
Mr. Manish Vyas, AAG
JUSTICE DINESH MEHTA
Order
07/04/2021
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(2 of 4) [CW-4819/2021]
1. By way of present writ petition, petitioners herein have raised a grievance that after being appointed, they have joined at the place(s) which were made available to them, whereas the persons who have been offered appointment vide list dated 29.12.2020 for Level-1 and list dated 11.01.2021 for Level-2, despite having lower merit positions, have been offered postings vide order dated 18.01.2021 at places, which petitioners craved for.
2. Petitioners participated in recruitment for Teacher Grade III Level - 1 & 2 and were placed high in merit. All of them have been given appointment/posting in January, 2020. Whereas in the lists referred to in para 1 above, candidates lower in merit have been offered the Districts which many of the petitioners were denied.
3. The reasons for such discrepancies are that many vacancies arose out of the first list as, many did not turn up for document verification, many were declared unsuccessful consequent to document verification whereas many did not come to join.
4. Pursuant to direction(s) of this Court to fill the vacant posts (given in Kuldeep Kumar's case), the State has allocated districts/posts which remained unfilled for above three reasons. Naturally, various candidates who were lower in merit have been allotted postings or districts which were earlier not available to the petitioners at the first stage.
5. Learned counsel for the petitioners submitted that the respondents be directed to follow the directions given by Division Bench of this Court in the case of State of Rajasthan & Ors. Vs. Poonam Sharma (D.B. Special Appeal Writ No.815/2019) dated 29.08.2019.
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(3 of 4) [CW-4819/2021] 6. Mr. Kailash Choudhary, appearing for the respondents
submitted that while providing place of posting, the respondent- State allotted only those posts in the districts, where the posts remained unfilled/vacant. The petitioners who have already joined, cannot be shifted now and thus, action of the respondent-State is valid. He added that petitioners' prayer, if accepted, would pose practical and procedural difficulties to the State and hardship to many candidates.
7. In considered opinion of this Court, the law laid down by Division Bench in its judgment dated 29.08.2019, though pertained to recruitment of Senior Teachers, is equally applicable to all the recruitments, where the posts are filled in phased manner.
8. This being the position, this writ petition is disposed of with the direction to the respondent-State to undertake the exercise as has been ordered by the Division Bench in the case of Poonam Sharma (supra).
9. For the sake of clarity, the directions issued by the Division Bench in case of Poonam Sharma (supra) are reproduced hereunder :-
(a) "The State shall issue a circular/order within four weeks, expressly stating that cadre allocations (to different divisions) made are only provisional and that such allocations would be made finally in a time bound manner, to be clearly indicated in such an order or circular;
(b) Await the receipt of all recommendations for 3 months and thereafter take up the process of determination of cadre allocations, in accordance with the rules and circulars applicable and complete such cadre allocations within 6 months from today;(Downloaded on 07/04/2021 at 09:01:52 PM)
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(c) The State is further directed that cadre allocations made finally pursuant to the above directions, shall not be treated as transfers, but instead as revised initial postings of the concerned teachers.
(d) The circular issued pursuant to the above directions shall also mention that it has been issued pursuant to the present order."
10. The present writ petition stands disposed of accordingly.
11. Interlocutory application and stay application also stand disposed of accordingly.
(DINESH MEHTA),J 55-skm/-(Downloaded on 07/04/2021 at 09:01:52 PM)
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