Rajasthan High Court - Jodhpur
Sita Kumari Purohit vs State Of Rajasthan (2023:Rj-Jd:43736) on 14 December, 2023
[2023:RJ-JD:43736]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12301/2019
Sita Kumari Purohit D/o Shri Faras Ramji Purohit, Aged About 41
Years, R/o Vasishtha Vila, Behind Ram Temple, Pindwara, District
Sirohi.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Rural Development And Panchayat Raj, Government Of
Rajasthan, Jaipur (Raj.).
2. Secretary, Department Of Elementary Education, Govt. Of
Rajasthan, Secretariat, Jaipur.
3. Director, Elementary Education, Bikaner, Rajasthan.
4. Chief Executive Officer, Zila Parishad, Jalore.
----Respondents
For Petitioner(s) : Mr. Rajesh Shah
For Respondent(s) : ---
HON'BLE MR. JUSTICE ARUN MONGA
Order
14/12/2023
1. Prayer in the petition is reproduced hereinbelow:-
"(a) By an appropriate writ order or direction, the
order impugned vide letter dated 25.07.2019
(Annexure-12) rejecting the candidature of the
petitioner on the basis of that the petitioner is not
having requisite qualification may kindly be set
aside and quashed.
(b) By an appropriate writ order or direction, the
respondents may kindly be directed to treat the
Dioploma of the petitioner as valid for the purpose
of appointment to the post of Primary Teacher and
pass appropriate order of appointment of the
petitioner with all consequential benefits.
(c) By an appropriate writ order or
direction,respondents may kindly be directed to
consider the candidature of petitioner and include
the name of the petitioner in all selection process
and petitioner be given appointment on the post of
[2023:RJ-JD:43736] (2 of 3) [CW-12301/2019]
Primary Teacher Level-I as the petitioner is having
requisite qualification.
(d) Any other appropriate writ, order or direction,
which this Hon'ble Court may deem just and proper
in the facts and circumstances of the case, may
kindly be passed in favour of the Petitioner.
(e) Writ petition filed by the Petitioner may kindly
be allowed with costs."
2. At the very outset, learned counsel for the petitioner would
submit that case of the petitioner is squarely covered by
judgments rendered by this Court in Pritam Kumar Tak vs.
State of Rajasthan & ors. S.B.Civil Writ Petition No.
14481/2012 followed by judgment rendered in Mrs. Aruna
Varma vs. State of Rajasthan & ors. S.B. Civil Writ Petition
No. 14470/2012 (Annexure-1), which judgment has been
upheld by a Division Bench of this Court in State of Rajasthan &
ors. vs. Pritam Kumar Tak D.B. Special Appeal Writ No.
1037/2016 (Annexure-2). Notwithstanding, the petitioners are
not being accorded the benefit. They have also filed a
representation before the competent authority, but the same has
not been dealt with till date.
3. At this stage, when this Court did not find any representation
appended with the writ petition, learned counsel for the petitioner
submits that liberty be granted to the petitioner to file a fresh
representation before the competent authority. He may do so.
4. Given the nature of order which I propose to pass, the same
would since not prejudice the respondent in any manner,
requirement of issuing notice is dispensed with.
5. Without adverting to the merits of the claim of the petitioner,
the writ petition is disposed of with the direction to the competent
authority i.e. Respondent No. 3 to permit the petitioners to file a
comprehensive representation detailing out their submissions
[2023:RJ-JD:43736] (3 of 3) [CW-12301/2019]
therein and on receipt of the same, an appropriate administrative
decision be taken.
6. It would be appreciated that the competent authority shall
apply its mind on the representation after going through the
judgments ibid which have been relied upon by the learned
counsel for the petitioner.
7. In case the said judgments are found to be not applicable to
the case of the petitioner, the competent authority shall pass a
speaking order by giving specific reasons qua the non-applicability
thereof.
8. Needful be done within a period of 2 months from today.
9. Disposed of accordingly.
10. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J
267-DhananjayS/-
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