Gaurav Kalal vs State Of Rajasthan ...
2023 Latest Caselaw 3703 Raj

[2023/RJJD/012462]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2660/2023

1. Gaurav Kalal S/o Tolachand Kalal, Aged About 27 Years, Vpo Jethana, Teh Sagwara, Dist Dungarpur, Rajasthan. At Present Posting Gups Piplabhatada, Semari, Dist Udaipur.

2. Pavan Kumar Nayak S/o Tarachand Nayak, Aged About 32 Years, Vpo Khera, Teh. Garhi Dist. Banswara (Rajasthan) Present Posting Gsss Dobdhicha, Block Lasadiya, Dist. Udaipur.

3. Reena Dodiyar D/o Ramesh Chandra Dodiyar, Aged About 29 Years, Parkhela, Saredi Bdi, Teh Garhi, Banswara, Present Posting Gups Piplabhatada, Semari, Dist Udaipur

4. Anil Kumar Lohar S/o Panna Lal Lohar, Aged About 39 Years, Village Badod, Post Gada Moraiya Teh. And Dist Dungarpur (Raj). Present Posting Govt. Senior Secondary School Upla Fala, Sadakadi, Dist Udaipur

5. Noopur Pandya D/o Vishvapati Pandya, W/o Prabhat Pandya, Aged About 33 Years, 322 Gali No.04, Pragati Nagar, Banswara, Rajasthan, Present Posting Govt.u.p.s. Oda, Semari, Dist Udaipur.

6. Varsha Pathak D/o Mahendra Kumar Pathak, Aged About 32 Years, V And P Bori, Block Garhi, Dist Banswara, Rajasthan, Present Posting Gsss Kharpina, Girwa Block Udaipur.

7. Himanshi Ameta D/o Manoj Joshi, Aged About 26 Years, Subhash Marg Bagidora Banswara, Rajsthan Present Posting Gsss Nayaguda, Bujhda Girwa Udaipur.

8. Himanshu Uniyal S/o Dinesh Dutt Sharma, Aged About 33 Years, 447 A/2 Shastr Colony Pushkar Road Ajme, Teh. Ajmer, Dist. Ajmer, Present Posting Govt. Upper Primary School Jawad Rebariyo Ki Dhani, Jawad Mavli Block Mavli Dist. Udaipur.

9. Anil Kumar Yadav S/o Mohan Lal Yadav, Aged About 30 Years, Yadav Mohalla Gamothwara Sagwara, Dist.dungarpur(Raj.), Posting Place Govt. Sen. Sec. School Malifala, Mahuwal, Block Nayagaon Dist. Udaipur.

10. Jaideep Jain S/o Gajendra Jain, Aged About 34 Years, Near The Nanoma Petrol Pump Udaipura, Dungarpur, Dist. Dungarpur, Posting Place G.u.p.s. Karel P.e.e.o. Som.,

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Block Phalasia Dist. Udaipur Raj.

11. Pratiksha Kumari Chaubisa D/o Mangi Lal Choubisa, Aged About 33 Years, Vpo Brahmno Ki Hunder, Teh Badgon,dis Udaipur,(Rajasthan), Present Posting Gups Relwada, Block Lasadiya, Dis Udaipur.

12. Pooja Jain D/o Devendra Jain, Aged About 33 Years, Sagwara, Dungarpur Rajasthan, At Present Posting U.p.s Dola Sagwara Dungarpur Rajasthan.

13. Reenu Prajapat D/o Babu Lal Prajpat, Aged About 35 Years, 10, Tulsi Nagar Hiran Magri Sector No. 5 District Udaipur, Rajasthan, At Present Posting Gups Chailakheda (Intali) Mavli, Dist. Udaipur, Rajasthan

14. Anita Patidar D/o Vasudev Patidar W/o Kamlesh Patidar, Aged About 28 Years, Vpo Jethana, Teh Sagwara, Dist Dungarpur, Rajasthan. At Present Posting Swami Vivekanand. Model School Sagwara, Dungarpur (Village Ghotad Block Sagwara District Dungarpur).

15. Avani Dave D/o Dinesh Chandra Dave, Aged About 33 Years, 151, Pratap Nagar, Dungarpur, Dist. Dungarpur, Rajasthan. At Present Posting Government Upper Primary School Amarpura, Peeo Pandyawara, Dist. Udaipur

16. Shilpa Jain D/o Heeralal Jain W/o Jai Prakash Jawariya, Aged About 40 Years, Near Jain Mandir Village Thobawara Post Upreta, Teh Jhadol (Ph.) Present Posting Gups Jogiwada, Barapal,girwa Dist Udaipur.

17. Balkrishan Bhatiya S/o Raj Kumar Bhatiya, Aged About 30 Years, Village Arthuna, Post Arthuna, Teh Arthuna, Dist Banswara (Raj.), Present Posting Gups Tidiyadev (Sajjangarh) Dist Banswara.

18. Priyanka Jain D/o Dinesh Kumar, Aged About 36 Years, A Block 335/336 Purnwas Colony Sagwara, Dist Dungarpur, Current Posting Gups Shivrajpur, Block Sagwara, Dist Dungarpur.

19. Ravi Bhatt S/o Praveen Chadra Bhatt, Aged About 37 Years, Vpo Baroda, Teh. Aspur, Dist. Dungarpur, Present Posting Gups Chandani, Block Girwa Udaipur.

20. Neelam Trivedi D/o Rasik Lal Trivedi, Aged About 43 Years, Rishbhdev, Dist Udaipur, Present Posting Ggups Kanpur Madri, Block Girwa, Dist Udaipur.

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21. Khemraj Parmar S/o Manilal Parmar, Aged About 30 Years, Samota Ka Oda Panchayat Kolkhanda Khas, Post Mandave Ki Pal, Teh Anddist Dungarpur (Raj). Present Position G.u.p.s. Kakradungra Jayara Block Kherwara Udaipur.

22. Priyanka Kumari Upadhyay D/o Surendra Upadhyay, Aged About 28 Years, Chetan Nagar Bari Dholpur, Posting Place Ggups Falichada, Mavli Udaipur.

23. Nirmal Kumar Meghwal S/o Kajodi Lal Meghwal, Aged About 33 Years, Vpo Gudel, Teh. Salumber, Dist. Udaipur (Rajasthan) Present Posting Govt. Upper Primary School Gopalpura, Block Lasadiya, Dist. Udaipur

24. Devesh Kumar Ameta S/o Shanti Lal Ameta, Aged About 40 Years, Vpo Titardi, Teh. Girwa,dist. Udaipur (Raj.), Present Posting Gups Malo Ka Aoda ,block Lasadiya,dist. Udaipur (Raj.)

25. Mohan Lal Gayri S/o Keshu Gayri, Aged About 36 Years, Vpo Chota Bhalo Ka Guda, Teh. Kurabad, Dist Udaipur, Present Posting Ggsss Jagat, Kurabad, Dist Udaipur.

26. Dwarki Patidar S/o Raman Lal Patidar, Aged About 32 Years, Vpo Jethana, Teh Sagwara, Dist Dungarpur, Rajasthan. At Present Posting Gups Mehro Kaguda, Jallara, Dist Udaipur.

27. Meeta Sankhla D/o Dr. Manmal Sankhla, Aged About 48 Years, Udham Hospital Paras Nikunj Opp Tagore Park, Pratapgarh Rajasthan. Present Posting Gups Malo Ka Aoda, Lakukalewa Block Lasadiya Dist.udaipur Raj

28. Rekha Kumari Doda D/o Ranchod Lal Doda, Aged About 30 Years, Village Gathiya, Post Brothi Brahman, Teh Kherwara, Dist. Udaipur. Posting Place Gups Parmarwada, Block Nayagaon, Dist. Udaipur(Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Rural And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education, Bikaner, District

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Bikaner, Rajasthan.

4. The Chief Executive Officer, Zila Parishad Udaipur, District Udaipur, Rajasthan.

5. The Chief Executive Officer, Zila Parishad Dungarpur, District Dungarpur, Rajasthan.

6. The Chief Executive Officer, Zila Parishad Banswara, District Banswara, Rajasthan.

7. The District Education Officer, Elementary Education, District Udaipur, Rajasthan.

8. The District Education Officer, Elementary Education, District Dungarpur, Rajasthan.

9. The District Education Officer, Elementary Education, District Banswara, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Tanwar Singh Rathore
For Respondent(s)         :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

27/04/2023

It is submitted by learned counsel for the petitioners that for

the same recruitment, similarly situated petitioners had

approached Jaipur Bench of this Court in Om Prakash & Ors. vs.

State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017,

which writ petition has been decided on 21.11.2017 granting relief

to the petitioners in light of judgment in the case of Hemlata

Shrimali & Ors. Vs. State of Rajasthan & Ors. : S.B. Civil Writ

Petition No.3247/2015, decided on 1.4.2015 and relying upon the

adjudication in the case of Suman Bai & Anr. v. State of Rajasthan

& Ors. : 2009 (1) WLC (Raj.) 381 and, therefore, the present writ

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petition may also be decided in light of judgment in the case of

Om Prakash (supra).

In the case of Om Prakash (supra), the Bench at Jaipur after

noticing orders in the case of Hemlata Shrimali (supra) and

Suman Bai (supra) observed as under:-

"Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015: Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:

"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification application of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.

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6. I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of 7 the candidates in the merit list based on common selection. Even otherwise, no such intention of the Court is discernible from reading of that judgment. Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.

7. In the result, this writ petition is allowed and the respondents are directed to treat the petitioners senior to respondents No.4 to 8 as per their placement in the merit list."

Learned counsel for the petitioner further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above.

Ordered accordingly."

In view of the submissions made, the present writ petition

filed by the petitioners is also disposed of in light of order passed

in the case of Om Prakash (supra).

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

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the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 59-DArora/-

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