Rajasthan High Court - Jodhpur
Manish Kumar Sharma vs State Of Rajasthan on 11 May, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 4693/2021
Manish Kumar Sharma S/o Rameshwar Kumar Sharma, Aged
About 36 Years, Vpo Badi, Via Vijaynagar, District Ajmer,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The Additional State Project Director-First, Rajasthan
State Education Council, Dr. Radhakrishnan Shiksha
Sankul, Eklavya Bhawan, Jawahar Lal Nehru Marg, Opp.
Ots Bridge, Jaipur, District Jaipur, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Ajmer, District Ajmer, Rajasthan.
5. The Principal, Swami Vivekanand Government Model
School, Hurda, District Bhilwara, Rajasthan.
6. The Principal, Government Senior Secondary School,
Hanutiya, District Ajmer, Rajasthan.
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 3389/2021
Mukesh Chomiya S/o Shri Chena Ram, Aged About 31 Years, R/o
263, Jatiyon Ka Bas, Birai, Tehsil Bawari, District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The Additional State Project Director-First, Rajasthan
State Education Council, Dr. Radhakrishnan Shiksha
Sankul, Eklavya Bhawan, Jawahar Lal Nehru Marg, Opp.
(2 of 3) [CW-4693/2021]
Ots Bridge, Jaipur, District Jaipur, Rajasthan.
4. The District Education Officer (Headquarter ), Secondary
Education, Jodhpur, District Jodhpur, Rajasthan.
5. The Principal, Swami Vivekanand Government Model
School, Reodar, District Sirohi, Rajasthan.
6. The Principal, Smt. Sugani Devi Pukhraj Munot,
Government Senior Secondary School No. 2, Pipar City,
District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid through Cisco
Webex App
For Respondent(s) : Mr. P.R. Singh through Cisco Webex
App
JUSTICE DINESH MEHTA
Judgment
11/05/2021
1. By way of present writ petitions, petitioners have challenged
the action of the respondent No.3, who has not relieved the
petitioners to join at the places where they have been transferred
by way of order dated 04.01.2021.
2. Mr. Singh, learned counsel appearing for the respondent
No.3 submits that the petitioners herein have not been relieved, in
view of the order No.45002 of even date, as the Director
Secondary Education had ordered that the principals and lecturers
working in Swami Vivekanand Government Model School and
Mahatma Gandhi School will not be relieved.
3. Mr. Jangid, learned counsel for the petitioners argued that
petitioners' term in such schools is over and as per the scheme,
the respondents cannot compel the petitioners to carry on with
these assignments particularly when their term has come to an
end. He argues that posting in Swami Vivekanand Government
Model School or Mahatma Gandhi School is on the basis of
(3 of 3) [CW-4693/2021]
deputation and unless the concerned teacher wishes to continue
on such deputation, the respondents cannot compel them to
continue. Respondents' action of not relieving the petitioners is
illegal and violative of their fundamental rights, argues Mr. Jangid.
4. Mr. Singh, learned counsel appearing for respondent No.3 on
instructions submits that the petitioners in these petitions will be
relieved immediately upon re-opening of the schools after the
summer vacations.
5. Having regard to facts and circumstances of the case and
considering spread of pandemic COVID-19 and scarcity of the
teacher in schools, this Court at this juncture, does not wish to
pronounce upon petitioners' rights and respondents' corresponding
duty to relieve them. The issue is therefore kept open.
6. However, considering the submissions made by Mr. Singh,
the present writ petitions are being disposed of with a direction to
the respondent No.3 to relieve the petitioners as early as possible,
immediately on re-opening of schools, however not later than
30.06.2021.
7. It will be incumbent upon the respondent No.2-Director
Secondary Education, Bikaner to provide joining to the petitioners
in furtherance of their respective transfer order dated 04.01.2021
immediately when they are relieved by respondent No.3.
8. In case on any difficulty, petitioners/respondents will be free
to move appropriate application for modification of the present
order.
9. Stay applications also stand disposed of.
(DINESH MEHTA),J
1 & 3-Rahul/-
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