Rajasthan High Court - Jodhpur
Rita vs State Of Rajasthan on 1 December, 2021
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 8722/2021
Rita D/o Rajender Kumar W/o Kamal Singh Meena, aged about
31 Years, Resident of Harpaloo Sanwal, Tehsil Rajgarh, District
Churu (Raj.).
----Petitioner
Versus
1. State of Rajasthan through Principal Secretary Education
Department (Secondary), Government of Rajasthan,
Secretariat, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. Rajasthan Public Service Commission, Ajmer through its
Secretary.
----Respondents
For Petitioner(s) : Mr. Sushil Bishnoi.
For Respondent(s) : Mr. Vishal Jangid, Dy. Govt. Counsel.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
01/12/2021
Heard.
This writ petition has been filed by the petitioner seeking
directions to the respondents to accord posting to the petitioner in
the school as per her merit while giving option to the petitioner to
choose school as per merit assuming the position to be vacant and
release all the notional service benefits pursuant to her
appointment dated 17.08.2020.
Submissions have been made that pursuant to
Advertisement dated 09.04.2018 (Annex.1) the petitioner applied
for the post of Senior Teacher Subject- Punjabi. The petitioner was
(2 of 3) [CW-8722/2021]
selected, however, on account of respondents seeking decision on
eligibility of petitioner based on her qualification, she was not
accorded appointment alongwith other candidates, who were
accorded appointment by order dated 17.08.2020. Ultimately, the
respondents decided the issue in petitioner's favour and accorded
her appointment by order dated 15.12.2020 (Annex.9).
Submissions have been made that on account of respondents
causing delay in taking decision qua the petitioner, the petitioner
was deprived of appearing in the counseling as per her merit and
as a consequence whereof, she has not been accorded posting as
per her choice and merit position, and that though the petitioner
was entitled for appointment alongwith other candidates on
17.08.2020 (Annex.8), she cannot be deprived of her other
service benefits on account of delayed appointment on
15.12.2020.
Reliance has been placed on Manoj Khandelwal & Ors. vs.
State of Rajasthan & Ors : S.B. Civil Writ Petition No.7283/2014
decided on 16.07.2014 by a Coordinate Bench of this Court at
Jaipur Bench.
Learned counsel for the State made submissions that the
petitioner without impleading the candidate, who will be affected
by acording posting to the petitioner as per her preference cannot
claim the relief. Further submissions have been made that insofar
as the notional benefits are concerned, the petitioner would be
accorded the same in terms of judgment in Manoj Khandelwal
(supra).
I have considered the submissions made by the counsel for
the parties and have perused the material available on record.
(3 of 3) [CW-8722/2021]
Insofar as the relief pertaining to posting as per petitioner's
choice and merit position is concerned, apparently the affected
person has not been impleaded as party and as such, the
petitioner cannot get the said relief, however, the petitioner is
entitled for consideration of her request in case any place, as per
her choice, is vacant. So far as the relief qua grant of notional
benefits is concerned, the same stands squarely covered by the
judgment in the case of Manoj Khandelwal (supra).
Consequently, the writ petition filed by the petitioner is
disposed of; the petitioner would make a representation to the
respondents, who would consider the same appropriately and pass
order thereon in relation to the prayer of the petitioner for being
posted as per her choice, in case a vacant position is available and
to pass appropriate order qua her notional benefits in terms of
judgment in the case of Manoj Khandelwal (supra).
The petitioner may make representation within a period of
fifteen days and the same shall be decided thereafter by the
respondents within a period of four weeks.
(ARUN BHANSALI),J
16-DJ/-
Powered by TCPDF (www.tcpdf.org)
