Surmila Pareek vs State Of Rajasthan
2022 Latest Caselaw 6301 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Civil Writ Petition No. 6027/2022

Surmila Pareek W/o Late Sh. Hitesh Purohit D/o Krishan Gopal Pareek, aged about 31 Years, R/o Village Bhanpi, Tehsil Gangrar, Post Sadas, Chittorgarh, Rajasthan.

----Petitioner Versus

1. State of Rajasthan through Principal Secretary, Department of Education, Secretariat, Jaipur.

2. Director Education (Primary and Secondary), Education Directorate, 28PJ + M63, Samta Nagar, Bikaner, Rajasthan 334001

3. Board of Secondary Education, Rajasthan Through Chairman, Rajiv Gandhi Vidya Bhawan, Madhyamik Siksha Board Colony, Civil Lines, Ajmer.

----Respondents

For Petitioner(s) : Mr. Falgun Buch.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

28/04/2022

This writ petition has been filed by the petitioner seeking

direction to permit the petitioner to change her category from

General-EWS for the post of General Teacher Level I (GEN-EWS)

to Widow.

Submissions have been made that after the petitioner filed

her online application on 19.01.2022, her husband died on

27.03.2022 and the last date of filing the application was

16.02.2022.

(2 of 2) [CW-6027/2022]

Submissions have been made that in view of the judgment of

this Court in State of Rajasthan & Ors. Vs. Jamna Rajpurohit: D.B.

Civil Special Appeal No.82/2013, decided on 30.08.2013, the

petitioner is entitled to get her category changed and, therefore,

the respondents may be directed to do the needful.

I have considered the submissions made by learned counsel

for the petitioner and have perused the material available on

record.

Though there is no dispute about the facts, however, the

petition has been filed by the petitioner relying on judgment in the

case of Jamna Rajpurohit (supra), the Division Bench in the case

of Jagdish Prasad (supra) qua the judgment in the case of Jamna

Rajpurohit (supra) inter-alia observed as under:-

"In Jamna Rajpurohit (supra) significantly the Division Bench itself observed that permitting charge of category after the last date for submission of applications would make the selections an unending process and yet proceeded to direct it to be done on basis of sympathy. Jamna Rajpuorhit (supra) has therefore to be held as per incuriam. The order under appeal based upon the same is also held to be unsustainable."

In view of the Division Bench judgment in the case of Jagdish

Prasad (supra) holding the case of Jamna Rajpurohit (supra) as

per incuriam, the petitioner is not entitled to any relief.

Consequently, the petition is dismissed.

(ARUN BHANSALI),J 109-DJ/-

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