Rajasthan High Court
Jeetram And Anr vs State Education Department Ors on 21 March, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17944/2017
1. Jeetram Son Of Shri Rohitash, By Caste Chamar, Resident
Of Village Sarekala, Tehsil Tijara, District Alwar Raj.
2. Jamsed Son Of Shri Roshan Khan, By Caste Jogi, Resident
Of Village Sarekala, Post Chuhadpur, Police Station
Tapukada, Tehsil Tijara, District Alwar Raj.
----Petitioners
Versus
1. The State Of Rajasthan Through Its Principal Secretary,
Education Department, Government Secretariat, Jaipur
Raj.
2. Principal Secretary, Rural Development And Panchayatraj
Department, Govt. Of Rajasthan, Secretariat, Jaipur Raj.
3. Director, Elementary Education, Rajasthan, Bikaner.
4. Chief Executive Officer, Zila Parishad, Alwar Raj..
5. Block Elementary Education Officer, Tijara, District Alwar
Raj.
6. Principal/ Head Master Cum Panchayat Elementary
Education Officer P.e.e.o., Govt. Sr. Secondary Sc, Tehsil
Tijara, District Alwar. Raj.
----Respondents
For Petitioner(s) : Mr. B.L. Sharma for
Mr. Amit Kumar Sharma
For Respondent(s) : None present
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
21/03/2022
It is submitted by learned counsel for the petitioner that
notices were issued to the respondents on 11.10.2017 and interim
order was passed by this Court by directing the department to
continue the selection process but appointment order would not
(2 of 3) [CW-17944/2017]
be issued without prior approval of this Court. Thereafter, notices
were served upon respondents, but no reply has been filed till
date.
Counsel for the petitioner submits that with regard to the
identical issues, writ petition was disposed of on 01.12.2018 in the
case of "Sushma Vs. The State of Rajasthan & Ors." in S.B. Civil
Writs No.22659/2017 by observing thus:-
"The alternate dispute mechanism for resolution of
disputes with regard to non selection of applicants for the
post of Gram Panchayat Sahayaks having been set up by
the Court under its order dated 10.05.2018 in the case of
Malu Ram Versus State of Rajasthan & Ors. (supra), I am
of the considered view that the same alternate dispute
resolution mechanism would also by logic extend to
deciding issues where despite selection a person has not
been appointed as Gram Panchayat Sahayak.
In this view of the matter, I would be inclined to
dispose of this petition setting the petitioners at liberty to
submit their individual representation along with
supporting documents to the jurisdictional committee
constituted in terms of the judgment passed by the
Principal Seat of this Court in the case of Malu Ram
Versus State of Rajasthan (SB CWP No.4374/2018)
comprised of District Collector as the Chairman and Chief
Executive Officer and DEO as member, within 10 days
from today. Each petitioner should ventilate his/her/their
grievance in the individual representation to the
Committee.
In the event of the aforesaid representation
alongwith supporting documents being filed by each of
the petitioner within 10 days from today, the Committee
is directed to dispose of the representation within three
weeks of its receipt strictly in terms of the guidelines
formulated by the concerned SDMC for appointment of
Gram Panchayat Sahayaks. Till disposal of the
representation/s now to be filed by each of the petitioner
pursuant to the court's order, no appointment to the post
of Gram Panchayat Sahayak in respective Gram
Panchayat shall be made by extension/renewal of
subsisting contract, as directed by the Principal Seat of
this Court in the case of Malu Ram Versus State of
Rajasthan (supra)."
None is there to oppose the prayer made by counsel for the
petitioner.
(3 of 3) [CW-17944/2017]
In view of the above, the present writ petition filed by the
petitioner is also disposed of in the light of the order passed in the
case of Sushma (supra).
Stay application and pending applications, if any stand
disposed of.
(ANOOP KUMAR DHAND),J
HEENA GANDHI/99
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