Shagufta vs State Education Departmentors
2021 Latest Caselaw 3761 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 5455/2015
Shagufta D/o Shri Abdul Sami, House No 237, Idgah Katchi
Basti, Road No. 2, Gali No. 2, Delhi Byepass Road, Jaipur Raj.
                                                                       ----Petitioner
                                      Versus
1.         The State Of Rajasthan Through Principal Secretary
           Group-Ii To The Government, Department Of Education,
           Secretariat, Jaipur Raj.
2.         The Director, Secondary Education, Bikaner
3.         The Deputy Director, Secondary Education Department,
           Jaipur, Division Jaipur.
                                                                   ----Respondents

For Petitioner(s) : Mr. M.F. Baig For Respondent(s) : Mr. Ganesh Meena, AAG Mr. Sanjay Sharma

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

16/08/2021

The present writ petition relates to advertisement of the year

2014 with regard to appointment on the post of Senior Teacher

(Urdu).

Learned AAG-Mr. Ganesh Meena submits that the issue

involved in this writ petition has already been considered by the

Division Bench of this Court in D.B. Special Appeal Writ

No.815/2019 titled as State of Rajasthan & Ors. Vs Poonam

Sharma decided on 29.08.2019 wherein in para no.16, it has been

held as under:-

"16.In the light of the above discussion, the Court is of opinion that

(2 of 3) [CW-5455/2015]

the findings and conclusions recorded by the Single Judge are reasonable. The following directions are consequently issued:

(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 timebound manner, to be clearly indicated in such an order or circular;

(b) Await the receipt of all recommendations for 3months 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;

(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."

Learned AAG further submits that in compliance of the order

passed by this Court in the matter of State of Rajasthan & Ors.

(Supra), the respondents have reshuffled the allotment of

divisions and issued circular dated 26.06.2020 and accordingly,

(3 of 3) [CW-5455/2015]

the allotment of divisions were revised for the advertisement in

question.

Counsel for the petitioner has not disputed the fact of

judgment passed by the Division Bench of this Court in the matter

of State of Rajasthan & Ors (Supra).

In that view of the matter, since the department has already

revised the allotment of divisions pursuant to the order passed by

the Division Bench in the matter of State of Rajasthan & Ors

(Supra), no further action is required in this matter, hence this

writ petition is disposed of accordingly.

(INDERJEET SINGH),J

CHARU SONI/14

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