Rajasthan High Court - Jodhpur
Bhawana Farroda 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. 4214/2021
1. Bhawana Farroda D/o Shri Jag Ram, Aged About 32
Years, Resident Of Village 1/206, Housing Board Colony,
District - Nagaur (Raj.).
2. Pooja Chauhan W/o Shri Mohit Kumar Chauhan, Aged
About 32 Years, Resident Of Village Ward No. 49, Pugal
House Dera, Bagwano Ka Mohalla, Old Ginnani, Karmisar
District - Bikaner (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. O.P. Sangwa
For Respondent(s) : Mr. Manish Vyas,
Mr. Kailash Choudhary
JUSTICE DINESH MEHTA
Order
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 which was made available to them, whereas the persons
who have been offered appointment vide list dated 03.09.2018,
05.03.2019 & 06.04.2019 for Level-2, despite having lower merit
(2 of 4) [CW-4214/2021]
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 was placed high in merit. They have been given
appointment/posting in December, 2018. 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.
6. Mr. Manish Vyas, learned AAG, 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
(3 of 4) [CW-4214/2021]
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;
(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 writ petition stands disposed of accordingly.
(4 of 4) [CW-4214/2021]
11. Stay application also stands disposed of accordingly.
(DINESH MEHTA),J
195-Ramesh/-
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