Rajasthan High Court - Jodhpur
Mukesh Kumar Meena vs State Of Rajasthan ... on 18 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/015872]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13519/2021
Mukesh Kumar Meena S/o Bhagwan Lal Meena, Aged About 41
Years, House No.B-123 Prem Nagar, Jawar Mines, Tehsil Sarada,
Udaipur Present Working As Govt. Upper Primary School Titari,
Panchayat Samiti Bheem, District Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Education (Group-II) Rajasthan, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner.
3. Dy. Director, Secondary Education, Udaipur Division,
Udaipur.
4. Dy. Director, Secondary Education, Rajsamand Division,
Rajsamand.
5. District Education Officer (Secondary-I), Udaipur.
6. District Education Officer (Secondary-I), Rajsamand.
----Respondents
For Petitioner(s) : Mr. R.R. Ankiya
For Respondent(s) : Mr. Sarwan Kumar for Mr. Hemant
Choudhary
JUSTICE DINESH MEHTA
Order
18/05/2023
1. The petitioner being resident of TSP areas applied for the
post of Physical Training Inspector Grade - III pursuant to
recruitment of PTI Grade II & III-2013.
2. At the first instance of issuance of select list, petitioner could
not secure merit in the TSP area, however, being S.T. candidate,
appointment was available to him in Non-TSP area which the State
(Secondary Education Department) offered.
[2023/RJJD/015872] (2 of 4) [CW-13519/2021]
3. The petitioner has been offered such appointment order and
accepted the above referred appointment and joined where he
was given appointment.
4. Subsequent thereto, merit of TSP area got lowered and
petitioner's marks became higher than the corresponding merit.
5. Petitioner has approached this Court with a grievance that he
secured high merit than merit of his respective category of TSP
area and he should be given appointment in TSP area.
6. Mr. Sarwan Kumar, learned counsel appearing for the State
submitted that petitioner was given appointment in Non-TSP areas
as he secured merit in Non-TSP area.
7. He submitted that at the time of offering appointment, merit
of his category was higher and therefore, the petitioner having
merely joined the services in Non-TSP area cannot claim his
appointment in TSP area.
8. So far as petitioner's contention on merit is concerned that
he should be given appointment in TSP area is concerned, the
same cannot be accepted.
9. The reason is not far to seek. At the time when petitioner
was offered appointment in Non-TSP area, merit of his category in
TSP area was higher and hence, the petitioner was accommodated
in Non-TSP area.
10. Petitioner having joined pursuant to such appointment order
cannot take a U-turn and claim that he may be given appointment
in TSP area.
11. Be that as it may.
[2023/RJJD/015872] (3 of 4) [CW-13519/2021]
12. The petitioner's rights of being posted in TSP area are in any
case protected by Rule 31 of the Rajasthan Scheduled Areas
Subordinate, Ministerial And Class-IV Service (Recruitment And
Other Service Conditions) Rules, 2014 (hereinafter referred to as
'Rules of 2014').
13. A Jaipur Bench of this Court while deciding writ petition in
the case of Nilesh Kumar Jain & Ors. Vs. State of Rajasthan
& Anr. : S. B. Civil Writ Petition No.12691/2017 decided on
20.12.2019 had issued following directions:-
"11. Keeping in view the mandate of Rule 31
of the Rules of 2014, it is now directed that the
State Government shall post the petitioners who
are from TSP area only in accordance of Rule 31 in
the TSP area and the petitioners will continue to
have their status of being of TSP category.
12. These writ petitions accordingly stand
allowed. The exercise for posting the petitioners in
TSP area shall be conducted within a period of 3
months."
.....
14. The said view of the learned Single Judge has been affirmed
by the Division Bench vide its order dated 20.11.2021 in the
appeal that was filed against judgment in the case of Nilesh
Kumar Jain.
15. In view of the mandate of Rule 31 of the Rules of 2014, it is
hereby directed that the respondents shall try to
accommodate/transfer the present petitioner to TSP area.
16. It will be required of the petitioner to furnish his optional
form if not already furnished or to file a representation indicating
district of the TSP area in which he wishes to be transferred.
[2023/RJJD/015872] (4 of 4) [CW-13519/2021]
17. The option/representation aforesaid be filed within a period
of four weeks from today.
18. On receipt of the representation, it will be required of the
respondents to transfer/accommodate the petitioner in TSP area
within a period of six months of receiving the representation,
obviously after verifying the petitioner's contention in relation to
they being resident of TSP area.
19. The present petition stand disposed of.
20. All interlocutory applications including stay application stand
disposed of accordingly.
(DINESH MEHTA),J
17-Ramesh/-
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