Rajasthan High Court - Jodhpur
Raj Bala And Ors vs State And Ors on 4 April, 2022
Bench: Sandeep Mehta, Farjand Ali
(1 of 4) [SAW-574/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 574/2018
1. Raj Bala Daughter Of Shri Girdhari Lal, By Caste Jat,
Resident Of V.P.O. Seowa, Tehsil- Rajgarh, District- Churu.
2. Sonu Kumari Daughter Of Shri Sumer Singh, By Caste
Jat, Resident Of V.P.O. Khinwasar, Tehsil And District-
Churu.
3. Sumitra Daughter Of Shri Bhane Singh Sihag, By Caste
Jat, Resident Of V.P.O. Bass Nehra, Post- Hadiyal, Tehsil-
Taranagar, District- Churu.
4. Kavita Daughter Of Shri Ram Kishan, By Caste Lakhara,
Resident Of V.P.O Rajpura, Tehsil- Taranagar, District-
Churu.
5. Anita Jat Daughter Of Shri Hari Singh Jat, By Caste Jat,
Resident Of V.P.O. Rajpura, Tehsil- Taranagar, District-
Churu.
6. Sushila Kumari Daughter Of Hari Singh Sihag, By Caste
Jat, Resident Of V.P.O. Rajpura, Tehsil- Taranagar, District-
Churu.
----Appellants
Versus
1. The State Of Rajasthan Through The Secretary, Medical
And Health Department, Secretarait, Jaipur Rajasthan
2. The Director, Directorate Medical And Health Services,
Tilak Marg, Swasthya Bhawan, Jaipur.
3. The Additional Director Administration, Medical And
Health Services, Tilak Marg, Swasthya Bhawan, Jaipur.
----Respondents
For Appellant(s) : Mr. K.R. Saharan
For Respondent(s) : Mr. Karan Singh Rajpurohit, AAG
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/04/2022
The instant special appeal (writ) has been filed by the
appellants herein for assailing the order dated 14.12.2017 passed
(2 of 4) [SAW-574/2018]
by the learned Single Bench in a bunch of writ petitions led by
S.B. Civil Writ Petition No.9189/2015 which came to be rejected in
light of the judgments in the cases of Sumitra Vs. State of
Rajasthan & Ors. (S.B. Civil Writ Petition No.13325/2015,
decided on 27.11.2015) and State of Rajasthan & Ors. Vs.
Firdos Tarannum reported in WLC (Raj.) 2006(2) 596. The
following prayers were made in the writ petitions filed by the
petitioners.
"(i) by an appropriate writ, order or direction, the
respondents may be directed to treat the qualification
of Adeeb, Jamia Urdu, Aligarh (Annexure-1)
possessed by the petitioners equivalent to the
qualification of Secondary Examination from Board of
Secondary Education , Ajmer.
(ii). by an appropriate writ, order or direction, the
respondents may kindly be directed to provide
appointment to the petitioners on the post of Women
Health Worker if they are found in merit, in pursuant to
the advertisement dated 26.02.2013 (Annexure-4)
with all consequential benefits while treating the
qualification of Adeeb, Jamia Urdu, Aligarh equivalent
to the qualification of Secondary Examination form
Board of Secondary Education, Ajmer."
The controversy at hand was resolved by Division Bench of
this Court in D.B. Special Appeal (W) No.534/2005 (State of
Rajasthan Vs. Ms. Firdos Tarannum & Anr.) decided on
12.01.2022 wherein, it was held as under:-
"Under the circumstances, we do not find that the
learned Single Judge committed any error. We may
record that in view of the conflict between the two
decisions of the Division Benches of this Court in the
cases of Altaf Bano (supra) and Firdos Tarannum
(3 of 4) [SAW-574/2018]
(supra), a reference was made to the larger bench. In
Firdos Tarannum (supra) Supreme Court has remanded
the proceedings before this Court and which are now
being decided by this judgment which in any case is
not in conflict with the view expressed in the case of
Altaf Bano (supra). The reference to the larger bench
would therefore become one of no consequence.
The learned Single Judge while disposing of the
writ petition had directed the State authorities to
consider the case of the petitioner for appointment on
the post of Teacher Grade-III Urdu (minority language)
pursuant to the said advertisement dated 07.11.2000
and if appointed she would be granted all consequential
benefits. Several years have passed and the litigation
remained pending at one stage or the other. We do not
think that the State exchequer should be burdened
with the payment of idle wages for the past period to
the petitioner even if she were to be appointed. Under
the circumstances, while disposing of this appeal, the
judgment of the learned Single Judge is modified by
holding that the State authorities shall consider the
petitioner for appointment to the post in question
according to her merit position and if appointed, she
shall be granted all consequential benefits except back
wages for the past period. In other words, the
petitioner would have the benefit of seniority for the
past period from the date the person below the
petitioner in merit list was appointed.
The appeal is disposed of accordingly."
Consequently, D.B. Special Appeal (Writ) No.1859/2018 filed
by Santosh and others for assailing the very same impugned
judgment dated 19.12.2017 passed by the learned Single Judge in
S.B. Civil Writ Petition No.12335/2015 was allowed in terms of the
order passed in the case of Firdos Tarannum (Supra).
Learned counsel representing the respondents is not in a
position to dispute the fact that the case of the appellants herein
stands at par with the appellants in the Special Appeal (Writ)
(4 of 4) [SAW-574/2018]
No.1859/2018 (Santosh & Ors. vs. State of Rajasthan & Ors.)
decided on 02.02.2022.
Under the circumstances, this instant appeal deserves to be
decided in the same line as in the case of Firdos Tarannum
(Supra). The appellants would be offered appointments and their
past services would be regulated as provided in the judgment
dated 12.01.2022 (State of Rajasthan & Ors. Vs. Ms. Firdos
Tarannum).
The instant appeal is disposed of in these terms.
No order as to cost.
(FARJAND ALI),J (SANDEEP MEHTA),J
47-/Tikam/Devesh/-
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