Rajasthan High Court
Arvind Kumar Sharma Son Of Shri ... vs State Of Rajasthan on 31 October, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12166/2021
Arvind Kumar Sharma Son Of Shri Balkrishan Sharma, Aged
About 34 Years, Resident Of Near Telephone Exchange Bonli,
Tehsil Bonli, District Sawaimadhopur (Raj.) Presently Working On
The Post Of Teacher Grade-Iii, Level-Ii At Govt. Upper Primary
Jhikari, Block Jahajpur, District Bhilwara (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Rural
Development And Panchayat Raj Department, Govt. Of
Rajasthan, Govt. Secretariat, Jaipur (Raj.)
2. The Principal Secertary, Education Department,
Elementary Education, Govt. Of Rajasthan, Secretariat,
Jaipur (Raj.)
3. The Director, Elementary Education, Bikaner (Raj.)
----Respondents
For Petitioner(s) : Mr. Dharmendra Sharma
For Respondent(s) : Mr. Bharat Saini, G.C.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
31/10/2022
Counsel for the petitioner submits that the issue involved in
this writ petition has been considered and decided by the Division
Bench of this court at Principal Seat, Jodhpur vide order dated
31.08.2022 in the matter of State of Rajathan & Anr. Vs. Mohd.
Barkat Khan & Ors. (D.B. Special Appl. Writ No.477/2021 and
other connected matters) wherein it has been held as under:-
"We have given our thoughtful
consideration to the submissions advanced
at bar and have gone through the
impugned orders and the material placed
on record.
(2 of 3) [CW-12166/2021]
At the outset, we may note here that
while deciding the controversy, the
learned Single Bench drew analogy from
the judgment in the case of Poonam
Sharma (supra) and extended the relief to
the writ-petitioners herein. It is worthwhile
to mention that the recruitment in the
case of Poonam Sharma (supra) was made
under the Rajasthan Education
Subordinate Service Rules, 1971 for the
post of Senior Teachers whereas, the
cases at hand pertain to recruitment on
the post of Teacher Grade-III (Level-I &
Level-II) under the Rajasthan Panchayati
Raj Act, 1994 and Rajasthan Panchayati
Raj Rules, 1996. Thus, on the face of it,
the ratio in the case of Poonam Sharma
(supra) could not have been applied to the
recruitment which was made under a
different set of Rules. It is an admitted
position that in the case of recruitment to
the Teachers Grade-III, (Level-I & Level-
II), the seniority lists are maintained
district-wise. The State Government has
taken a policy decision dated 25.02.2019
not to re-shuffle the seniority lists more
than once because if frequent process of
re-shuffling is undertaken, the
postings/districts of the previously
selected candidates would be disturbed.
This causes serious administrative
difficulties inasmuch as fresh counselling is
required to be undertaken in the new
district and significant additional
expenditure is incurred. The State
Government has passed the direction
No.3.1 (reproduced supra) that only one
exercise of reshuffling would be
undertaken to fill the posts which remain
vacant on account of non-joining of the
candidates/rejection of the candidature of
the candidates pursuant to the document
verification. It has been decided that
reshuffling would be undertaken by strict
adherence to the Rules of reservation and
thus, the position of the candidates who
have already joined in pursuance of the
first select list would not be disturbed. The
candidates who are selected by operation
of the waiting list would be offered
postings against district-wise vacancies
based on counselling and as per their
choice.
(3 of 3) [CW-12166/2021]
We are of the firm view that this
exercise can only be undertaken qua the
candidates who have come into the zone
of consideration owing to non-joining by
successful candidates and exclusion of the
candidates pursuant to document
verification. The candidates who have
been selected by operation of waiting list
cannot be integrated into the original
merit list while offering them the place of
posting because such a course of action
would lead to chaos, grave administrative
difficulties and significant expenditure.
Thus, the impugned orders passed by the
learned Single Bench, accepting the writ
petitions of the respondents on the basis
03:16:49 PM) (50 of 50) [SAW-477/2021]
Division Bench Judgment in the case of
Poonam Sharma (supra) are not
sustainable in the eyes of law and are
hence, reversed.
The intra-court appeals are allowed
in these terms. No order as to costs."
Counsel for the respondents has not disputed the
submissions made by counsel for the petitioners.
In that view of the matter, this writ petition stands disposed
of in view of the judgment passed by the Division Bench of this
Court at Principal Seat, Jodhpur in the matter of State of
Rajasthan (supra).
(INDERJEET SINGH),J
JYOTI /99
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