Rajasthan High Court
Karan Singh Son Of Shri Shimbhu ... vs State Of Rajasthan on 20 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 572/2021
Karan Singh Son Of Shri Shimbhu Dayal, Aged About 30 Years,
Resident Of Village Dhelawas, Post Gopipura, Tehsil Mundawar,
District Alwar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Education
Department, Government Of Rajasthan, Secretariat,
Jaipur (Raj.)
2. Director, Secondary Education, Rajasthan Bikaner (Raj.)
3. District Education Officer, Secondary Education, Bharatpur
(Raj.)
4. Dy. Secretary, Rajasthan Subordinate And Ministerial
Service Selection Board, Jaipur, Rajya Krishi Prabandh
Sansthan Parisar, Durgapura Jaipur (Raj.)
----Respondents
For Petitioner(s) : Ms. Komal Kumari Giri
For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
20/01/2021
The claim of the petitioner is to give him appointment on the
merits basis.
In this regard, bunch of writ petitions has been decided on
29.09.2020 by this court in the case of Chandra Shekhar Yadav
Versus State of Rajasthan & Others, SBCWP No.7956/2020
and other connected matters, wherein this court held as under:-
"This court vide orders dated 4th August, 2020 and 1st
July, 2020 in similar writ petitions has directed that "the
petitioners would be free to submit representation before
the concerned authority and if the petitioners submit
(2 of 3) [CW-572/2021]
representation before the concerning authority, they will
decide the same expeditiously as per law".
The matter has come up today and all writ petitions have
been jointly tagged.
Learned Advocate General appears and points out that
some of the petitioners have moved representations
while some of the petitioners have not moved any
representation. It is also stated that certain
representations have been allowed while others have
been rejected.
Learned counsel appearing for the petitioners submits
that they have not received the rejection letters and the
reasons are not coming forward for not giving them
posting as per their merit.
I have considered the submissions.
In all these matters, the grievance of the petitioners is
that they are higher in merit in the select list and had
opted place of posting of their choice but have been
allotted different place of posting while lesser
meritorious persons have been given posting of their
choice District.
As the Court has already passed orders for submission of
representation to the concerning authority, I deem it
appropriate to dispose of these writ petitions with a
direction to the State Authorities to decide the
representations of the petitioners within a period of 30
days from the date of receipt thereof by passing a
speaking order. The relevant judgment passed by the
Court from time to time with regard to the maintaining
of inter-se seniority and inter-se merit while giving
posting was also taken into consideration by the
authorities and they will pass a speaking order pointing
out and distinguishing the judgment and if they find that
case is distinguishable, such an order or decision shall be
communicated positively to the concerned petitioner(s)
individually within 7 days thereafter.
It is clarified that if certain representations have already
been decided and the judgments passed by this court
have not been taken into consideration, then the
concerned individual petitioner can file a fresh
representation and the same shall be decided in
accordance with law.
If any of the individual person has further grievance
remaining, he would be entitled to take up the matter by
(3 of 3) [CW-572/2021]
approaching appropriate forum after impleading the
concerned persons against whom he has a grievance. It
is made clear that the decision of the State Government
would come within the ambit of service matter and
therefore the Service Appellate Tribunal would be an
appropriate forum for approaching by filing appeal
against any such decision. If any of the appeal is
preferred, it is expected from the Tribunal to decide the
same expeditiously.
In view of the observations made hereinabove, these
writ petitions stand disposed of.
This order shall also be applicable to those candidates
who have not approached the court as on today.
However, the time for filing of representation shall be the
same for others also. This order may be published in the
newspaper for information to all."
Keeping in view above, the present writ petition is also
disposed of in the aforesaid terms.
All pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
Anu /79
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