Rajasthan High Court - Jodhpur
Lalita Kunwar vs State Of Rajasthan on 12 October, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9669/2020
Lalita Kunwar W/o Prahlad Singh, aged about 37 Years, R/o
Jhakhari, Post Kareada, Tehsil - Sagwara, District Dungarpur,
Rajasthan.
----Petitioner
Versus
1. State of Rajasthan, through The Secretary, Department of
Education, Govt. Of Rajasthan, Jaipur.
2. Secretary, Department of Education, Secretariat, Jaipur.
3. Director, Elementary Education Department, Bikaner,
District Bikaner, Rajasthan
4. Zila Parishad, through The Chief Executive Officer, Zila
Parishad, Dungarpur.
5. District Education Officer (Elementary), Dungarpur.
----Respondents
For Petitioner(s) : Mr. Ritu Raj Singh Rathore
For Respondent(s) : Mr. Pankaj Sharma, AAG with
Mr. Deepak Chandak
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/10/2022
The present writ petition has been filed with a prayer for
consideration of the candidature of the petitioner for appointment
to the post of Teacher Grade-III.
The case of the petitioner is that the petitioner is possessing
a bonafide certificate which prescribes her to be of TSP area by
virtue of her marriage to a bonafide resident of the TSP area.
Learned counsel for the petitioner submitted that after the
judgment passed by this Court in Smt. Twarita Gehlot Vs.
State of Rajasthan & Ors; S.B. Civil Writ Petition
(2 of 4) [CW-9669/2020]
No.15540/2017, decided on 14.12.2017, the special bonafide
resident certificate was issued to her on 10.04.2018. Vide office
order dated 22.08.2018, she was called for document verification
but no action was taken in furtherance thereof as the department
had preferred special appeal against the judgment passed in Smt.
Twarita Gehlot (supra) matter. Meanwhile, the notification dated
21.10.2019 was issued by the respondent-Department in
pursuance to the judgment passed in Smt. Twarita Gehlot
(supra) and therefore, the special appeals preferred by the State
Department were dismissed by the Division Bench keeping in
consideration the notification already issued by the State
Department. After the special appeals of the State Department
being dismissed, the petitioner again inquired from the
respondent-Department as to why she is not being considered for
appointment now and also preferred a representation in the month
of June 2020 for the purpose but the same was not responded to
and therefore, the present writ petition has been preferred.
Per contra, learned counsel for the respondents submitted
that although there is no dispute regarding the legal position that
the petitioner would be entitled to be considered in the TSP
category by virtue of the judgment as passed in Smt. Twarita
Gehlot (supra) as well as by virtue of the notification dated
21.10.2019 issued by the State Department but the present
petitioner would not be entitled to any relief as she has
approached this Court after a gross delay. He further submitted
that the notification was issued by the Department in the month of
October 2019 and the petitioner did not choose to approach the
Department or the Court after that for a long period. Meanwhile,
the recruitment process has been completed by the respondent-
(3 of 4) [CW-9669/2020]
Department and therefore the petitioner cannot be considered
now at this later stage.
Heard learned counsel for the parties and perused the
material available on record.
As admitted on record, the petitioner is entitled to be
considered in the TSP category by virtue of judgment of Smt.
Twarita Gehlot's (supra) and by virtue of the notification dated
21.10.2019. So far as the delay part is concerned, it is clear on
record that there was an interim order dated 27.11.2018 passed
by the Division Bench in the special appeal preferred by the State
Department whereby the effect and operation of the judgment
passed in Smt. Twarita Gehlot's matter was stayed. Therefore,
the State did not proceed further with the recruitment process.
D.B. Special Appeal in Smt. Twarita Gehlot's matter was
dismissed on 04.01.2020 and it is quite natural that the
Department proceeded on further with the recruitment process
only after the Division Bench judgment or at the best, after the
notification dated 21.10.2019. Representation was filed by the
petitioner in the month of June 2020 which cannot be termed to
be highly belated although not within a reasonable time.
In view of the admitted legal position that the petitioner is
entitled to be considered in TSP category, the present writ petition
is disposed of with a direction to the respondent authorities to
consider the case of the petitioner for appointment to the post of
Teacher Grade-III in pursuance to the recruitment process of the
year 2016. However, keeping in consideration the delay caused by
the petitioner in approaching this Court, the petitioner would be
entitled to appointment only if a vacant seat in the category of
TSP still exists qua the vacancies of the year 2016. It is made
(4 of 4) [CW-9669/2020]
clear that if the petitioner is granted appointment, she would not
be entitled to any monetary or notional benefits. The needful be
done by the respondent-Department within a period of two
months from the date of receipt of copy of the present order.
All the pending applications also stand disposed of.
(REKHA BORANA),J
4-Dharmendra/-
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