Ram Niwas Meena S/O Shri Suresh ... vs State Of Rajasthan
2022 Latest Caselaw 3173 Raj/2

Citation : 2022 Latest Caselaw 3173 Raj/2
Judgement Date : 20 April, 2022

Rajasthan High Court

Ram Niwas Meena S/O Shri Suresh ... vs State Of Rajasthan on 20 April, 2022

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 3958/2020
Ram Niwas Meena S/o Shri Suresh Kumar Meena, Aged About 41
Years, By Caste Meena R/o V And P Bamlas, Tehsil Udaipurwati,
District Jhunjhunu.
                                                                     ----Petitioner
                                     Versus
1.     State    Of     Rajasthan,         Through          Its    Secretary   Cum
       Commissioner, Panchayati Raj Department, Government
       Of Rajasthan, Jaipur.
2.     The Chief Executive Officer Cum Additional Examination
       Controller, Zila Parishad, Churu.
                                                                  ----Respondents

For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Ms. Sunita Satyarthi

HON'BLE MR. JUSTICE INDERJEET SINGH Order 20/04/2022

This writ petition has been filed by the petitioner with the

following prayers:-

"It is, therefore, most humbly prayed that Your Lordships' may graciously be pleased to admit and allow this writ petition, call for and examine entire record of the case and

a) By an appropriate writ, order and direction in the nature thereof the respondents may kindly be directed to comply with the order dated 8.1.2020 and give appointment to the petitioner on the basis of merit against unfilled becomes vacant because candidates did not join duties or left the services after joining, on the post of Teacher Grade III Level II Social Studies under ST Category in zila Parishad Churu in pursuance to Direct Recruitment of Teachers in Primary and Upper Primary Competitive Examination 2012 with all consequential benefits.

(2 of 4) [CW-3958/2020]

b) Any other relief as this Hon'ble Court may deem fit and proper be also passed in favour of the Petitioner."

The matter relates to the recruitment for the post of Teacher

Grade-III for which the advertisement was issued in the year

2013. In the first round of litigation, the petitioner filed S.B. Civil

Writs No.19612/2017 (Ram Niwas Meena Vs. State of Rajasthan &

Anr.) which was disposed of by the Coordinate Bench of this court

vide order dated 14.03.2018 which reads as under:-

"The writ application involves identical controversy, which according to learned counsel for the petitioner, stands resolved in view of adjudication made by a Co-ordinate Bench of this Court, at Principal Seat, Jodhpur, in a batch of writ applications, lead case being S.B. Civil Writ Petition No. 750/2017 (Mukesh Kumar Tailor Vs. State of Rajasthan and Ors.), vide order dated 9th February, 2017.

It is further contended that another Co-ordinate Bench of this Court, at Jaipur Bench, while disposing of S.B. Civil Writ Petition No. 2194/2017, vide order dated 17th February, 2017, further clarified that the opinion in the case of Mukesh Kumar Tailor (Supra), shall be applicable in rem to all the candidates who are similarly situated and are not required to institute a separate writ applications.

The operative portion of the order dated 9th February, 2017, in the case of Mukesh Kumar Tailor (Supra), reads thus:

"In view of the fair stand taken by the respondent State and appreciating the exercise being undertaken by them to meet the situation in hand, all the abovementioned writ petitions are disposed of as under:-

a. The respondent-State shall workout the vacancies in each of the Zila Parishads as expeditiously as possible. Thereafter, the list shall be prepared of the candidate who have got more marks than the last candidate still working with the department in pursuance to the directions of this

(3 of 4) [CW-3958/2020]

Court passed in Manju Choudhary's case (supra).

b. Thereafter, the candidates as per the ratio of 1:2 of the vacancies available shall be called for the verification of the documents and the appointments shall be given to such like eligible candidates as per their merit equivalent to the vacancies available with the department.

c. This Court is aware that some of the candidates are bound to be left out even though they have got more marks than the last candidate but taking into account the limited number of vacancies, the said candidates shall have to try their luck in the next recruitment process afresh.

d. The said process by completed as expeditiously as possible preferably within 06 months from today. The writ petitions are disposed of accordingly."

In view of the above, the instant writ application stands disposed off with a direction to the State-respondents to consider the case of petitioner, applying mutatis mutandis, the directions as extracted hereinabove and extend the same relief, if they are found eligible as directed by this Court vide order dated 9th February, 2017.

Stay application also stands closed."

Counsel for the petitioner submitted that the issue involved

in this writ petition is covered by the judgment passed by the

Division Bench of this court in the matter of Namonarayan Sharma

& Ors. Vs. The State of Rajasthan & Ors. (D.B. Special Appeal Writ

No.908/2017 & other connected appeals, decided on 08.01.2020).

Counsel for the respondent has opposed the writ petition.

Heard counsel for the parties and perused the record.

This writ petition filed by the petitioner deserves to be

dismissed for the reasons; firstly admittedly, in the first round of

litigation, the writ petition filed by the petitioner was disposed of

by the Coordinate bench of this court vide order dated