Rajasthan High Court - Jodhpur
Manisha Daiya vs State Of Rajasthan on 2 February, 2022
Bench: Akil Kureshi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1711/2018
Manisha Daiya D/o Sh. Badri Prasad, Aged About 25 Years,
Aguna Bass, Vpo Kamasar, Tehsil Sardarshahar, District Churu
(Rajasthan)
----Appellant
Versus
1. State Of Rajasthan, Through The Secretary, Medical And
Health Department, Secretariat, Jaipur (Rajasthan)
2. Director, State Medical And Family Welfare Institute, Zhalana
Institutional Area, Jaipur (Raj)
3. The Additional Director (Administration), Medical And Health
Services, Tilak Marg, Swasthya Bhawan, Jaipur.
4. Board Of Secondary Education, Ajmer, Through Its Secretary.
5. Chief Medical And Health Officer, Churu
6. Chief Medical And Health Officer, Nagaur.
7. Chief Medical And Health Officer, Bikaner.
----Respondents
For Appellant(s) : Mr. K.R. Saran through V.C.
For Respondent(s) : Mr. Manish Vyas, AAG through V.C.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
02/02/2022
This appeal is filed by the original petitioner to challenge the
judgment dated 20.08.2018 passed by the learned Single Judge in
S.B. Civil Writ Petition No.1805/2018. The petitioner had applied
for the post of ANM claiming that her qualification of Adeeb
obtained from Jamia Urdu, Aligarh which was equivalent to
secondary was a recognized course.
(2 of 3) [SAW-1711/2018]
This controversy has been resolved by a Division Bench in
case of State of Rajasthan and Others Vs. Firdos Tarannum
(D.B. Civil Special Appeal (W) No.534/2005 - decided on
12.01.2022) in which Following observations have been made:
"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
(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."
Under the circumstances, this appeal is also disposed of
along the same line as in the case of Firdos Tarannum (supra).
The petitioner would be offered appointment and her past period
(3 of 3) [SAW-1711/2018]
would be regulated as provided in the said judgment dated
12.01.2022.
(MADAN GOPAL VYAS),J (AKIL KURESHI),CJ
145-a.asopa/-
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