Sanjay Kumar Pahadiya vs State Of Rajasthan ...
2023 Latest Caselaw 2345 Raj

[2023/RJJD/006921]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2697/2020 Sanjay Kumar Pahadiya S/o Sh. Balchand, Aged About 41 Years, B/c Khatik, R/o Village Bighot, Tehsil Mandalgarh, District Bhilwara, At Present Sanganeri Gate, Behind Pathwari, Bhilwara (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Secondary Education Department, Rajasthan Jaipur.

2. The Director Secondary Education Officer, Secondary Education, Rajasthan, Bikaner.

3. The District Education Officer, Secondary Education, Barmer.

4. The Principal Govt. Senior Secondary School, Gohad Ka Tala, District Barmer.

                                                                 ----Respondents


For Petitioner(s)         :     None present
For Respondent(s)         :     Mr. Sarvan Kumar



                      JUSTICE DINESH MEHTA

                                     Order

20/03/2023

1. By way of the present writ petition, the petitioner has

challenged action of the respondents, who have not given him

joining on the post of Physical Training Instructor Grade-III in

spite of the appointment order dated 07.12.2019.

2. The petitioner has submitted a representation dated

19.12.2019 to the District Education Officer praying therein to

allow him to join the duties.

3. Mr. Shrawan Kumar, learned counsel appearing for the

respondents argued that petition is premature as the petitioner

has rushed to this Court, without even waiting for the respondents

to take final decision on his eligibility.

[2023/RJJD/006921] (2 of 2) [CW-2697/2020]

4. It was also highlighted that many criminal cases are pending

against the petitioner and thus, he is not eligible for the

appointment in wake of his criminal antecedents.

5. According to this Court, in absence of final decision, the writ

petition being premature is not maintainable.

6. The present civil writ petition is, thus, dismissed as

premature.

7. The competent authority/respondents while taking final view

on petitioner's eligibility shall take into account the

relevant/applicable law and circular issued by the State

Government in this regard.

8. The petitioner shall be free to file a representation along with

the certified copy of the order instant and judgments he wishes to

rely upon.

9. The stay petition also stands disposed of accordingly.

(DINESH MEHTA),J 50-pooja/-

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