Kailash Bulchandani vs State Of Rajasthan
2021 Latest Caselaw 7651 Raj

Citation : 2021 Latest Caselaw 7651 Raj
Judgement Date : 18 March, 2021

Rajasthan High Court - Jodhpur

Kailash Bulchandani vs State Of Rajasthan on 18 March, 2021

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2931/2021

1. Kailash Bulchandani S/o Shanker Lal, Aged About 29 Years, R/o 4-B-16 Jahanwar Nagar,bundi, Dist. Bundi, Raj.

2. Pratibha Gaur D/o Lal Chand Gaur, Aged About 31 Years, R/o 474 Subhash Nagar Iind, Kota, Dist. Kota, Raj.

3. Rajan Sharma S/o Preetam Sharma, Aged About 27 Years, At Present Posting Gps Jevraj Ki Dhani, Panchayat Samiti Sam, Dist. Jaisalmer, Raj.

4. Akhlak Hussain S/o Mohd. Haroon, Aged About 28 Years, At Present Posting Gups Sayai Gagriya, Block Ramsar, Dist. Barmer, Raj.

5. Pradeep Singh S/o Jaswant Singh, Aged About 29 Years, At Present Posting Gps Sodai, Panchayat Abhea Ka Par, Ramsar, Dist. Barmer, Raj.

6. Vijenedra Singh S/o Gugan Ram, Aged About 37 Years, R/o Vpo Rajpura, Tarannagar, Dist. Churu, Raj.

7. Sunil Kumar S/o Shiv Singh, Aged About 30 Years, At Present Posting Gps Segriya, Block Mavali, Dist. Udaipur, Raj.

8. Seema Kumari D/o Kishan Lal, Aged About 23 Years, At Present Posting Gups Khet Singh Ki Dhani Khetasar Mawadi, Block Siwana, Dist. Barmer, Raj.

9. Kriti Sanadhya D/o Arvind Kumar, Aged About 32 Years, R/o Main Chopati Kankroli, Rajsamand, Dist. Rajsamand, Raj.

10. Jarjodhan Singh S/o Ramjeet Singh, Aged About 27 Years, R/o Chowk Patti Salimpur, Kallan, Dist. Bharatpur, Raj.

11. Ravindra Kumar S/o Lekh Ram, Aged About 27 Years, R/o Village Rarwa, Tehsil Mundawar, Dist. Alwar, Raj.

12. Gyatri Kunwar Shaktawat W/o Shiv Singh Rathore, Aged About 26 Years, R/o 10 Police Line Family Quarter Tekri Chohraha, Girwa, Udaipur, Dist. Udaipur, Raj.

13. Roshan Kumari W/o Rajveer Singh, Aged About 28 Years, R/o Mainana, Tehsil Buhana, Dist. Jhunjhunu, Raj.

14. Hemlata Chouhan D/o Mangi Lal, Aged About 26 Years,

(2 of 4) [CW-2931/2021]

R/o Loharon Ka Mohalla Ganerao, Tehsil Desuri, Dist. Pali, 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 Of 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

JUSTICE DINESH MEHTA

Judgment

18/03/2021

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 of 4) [CW-2931/2021]

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.

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.

(4 of 4) [CW-2931/2021]

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;

(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.