Rajasthan High Court - Jodhpur
Prakash Chandra Yadav vs State Of Rajasthan on 28 October, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15346/2021
Prakash Chandra Yadav S/o Shri Nathuram Yadav, Aged About
41 Years, R/o Village Gopalpura, Via Ajitgarh, District Sikar,
Rajasthan. Presently Posted As Teacher Gr. Iii Level 2 Sanskrit At
Govt. Secondary School, Kishangarh, Jai Singh Nagar, Block
Jhotwara City, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Education Department, Govt. Secretariat, Rajasthan,
Jaipur.
2. The Director, Primary Education, Rajasthan, Bikaner.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The District Education Officer (Headquarter), Secondary
Education, Jaipur.
5. The District Education Officer (Headquarter), Elementary
Education, Jaipur.
----Respondents
For Petitioner(s) : Mr. Sandeep Kalwaniya
For Respondent(s) : Mr. Vishal Jangid Dy.GC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/10/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel for the petitioner submit that the
controversy involved in this writ petition is akin to one decided by
this Court in bunch of cases led by Prem Bai Meena Vs. State of
(Downloaded on 28/10/2021 at 09:42:42 PM)
(2 of 2) [CW-15346/2021]
Rajasthan & Ors. : SB Civil Writ Petition No.11136/2017 decided by
Jaipur Bench on 24.07.2017.
Mr. Vishal Jangid, learned counsel for the respondents, is not
in a position to dispute the aforesaid position of facts and law.
The petitioner is directed to furnish a representation in light
of guidelines dated 24.08.2021 or any other applicable
guideline/circular before the concerned District Education Officer
within a period of one week, along with photo- stat copy of the
guideline/circular and certified copy of the order instant. The
petitioner may also point out any vacant post in her district and
judgment, which she wishes to rely upon.
In case, a representation is so addressed within the aforesaid
period, the competent authority of respondent shall consider and
decide the same in accordance with law as early as possible,
preferably within a period of two weeks.
Until petitioner's representation is decided, the petitioner
shall be permitted to discharge her duties at present place of
posting (before passing of the impugned order).
It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioner's grievance. The same may not
be construed to be an order to decide the representation in a
particular manner.
The writ petition as well as stay application stand disposed of
accordingly.
(DR. PUSHPENDRA SINGH BHATI),J.
174-SKant/-
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