Rajasthan High Court - Jodhpur
Chetna Joshi vs State Of Rajasthan ... on 7 November, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:38479]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17625/2022
1. Chetna Joshi W/o Manish Kumar Nagda, Aged About 30
Years, R/o Jodhpuriya Marg, Rambhawali, Ambawali,
Pratapgarh, Rajasthan.
2. Archna Jain W/o Praveen Kumar Jain, Aged About 39
Years, R/o 174, Jajali Marg, Indraprasth Colony, Ward No.
3 Arnod, Pratapgarh, Rajasthan.
3. Lalita Meghwal W/o Tulsi Ram Meghwal, Aged About 34
Years, R/o Kolvi, Post Kajli Kheda, Pratapgarh, Rajasthan.
4. Anamika Rathore W/o Ranjeet Singh, Aged About 31
Years, R/o 25, Near Aangadvadi Kendra Kulmiya Bambori,
Pratapgarh, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary Department Of
Education (Elementary) Government Of Rajasthan,
Secretariat, Jaipur, Rajasthan.
2. State Of Rajasthan, Through Secretary, Department Of
Panchayat Raj Government Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
3. Director, Elementary Education, Directorate Bikaner (Raj.)
4. District Education Officer, (Elementary), Pratapgarh,
District Pratapgarh, Rajasthan
5. Chief Executive Officer, Zila Parishad Pratapgarh,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. VLS Rajpurohit
For Respondent(s) : Ms. Bhawna Jangid
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/11/2023
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[2023:RJ-JD:38479] (2 of 3) [CW-17625/2022]
1. Learned counsel for the respondent submits that issue
involved in the present writ petition is no more res-integra, as the
same is covered by a judgment dated 13.10.2022 of this Court
rendered in batch of writ petition led by S.B. Civil Writ Petition
No.10893/2022 (Reena Kumar Chundawat Vs. State of
Rajasthan & Ors.). The operative part of the said order
reproduced as under:-
"I have considered the submissions made by learned
counsel for the parties and have perused the material
available on record.
It is not in dispute that the petitioners had applied
pursuant to the advertisement dated 12.4.2018 and on
account of the circumstances, wherein on account of
the area, wherein the petitioners were residents came
into TSP area/they were denied benefit of application
despite being residents after marriage within the TSP
area, they approached this Court by filing writ petitions
led by Manish Kumar Nagda (supra) and Smt. Twarita
Gehlot (supra), which came to be accepted by this
Court, wherein the petitioners were permitted to seek
appointment in TSP area.
Once the grievance/plea raised by the petitioners
was accepted by this Court and they were permitted to
seek appointment pursuant to the advertisement dated
12.4.2018 as per their merit, the denial of the notional
benefits to the petitioners in relation to candidates, who
were lower in merit to the petitioners only on account of
the fact that they were accorded appointment pursuant
to the directions issued by this Court, cannot be
countenanced.
Consequently, the writ petitions filed by the
petitioners are allowed.
The respondents are directed to accord notional
benefits to the petitioners pursuant to their
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[2023:RJ-JD:38479] (3 of 3) [CW-17625/2022]
appointment in relation to the advertisement dated
12.4.2018 on the post of Teacher Grade III Level I from
the date persons lower in merit to the petitioners were
accorded appointment.
Needful may be done by the respondents within a
period of eight weeks. "
2. Though the proposition in the Reena Kumar Chundawat
(supra) was pertaining to the Teacher Grade III Level-I and the
present case is pertaining to the Teacher Grade-III Level-II but
since learned counsel for the respondent submits that the same
principles will govern the present petition also, thus, the present
petition is decided in terms of the aforequoted order.
3. On such categoric submission made by learned counsel for
the respondent, the present writ petition is disposed of in light of
and with similar direction as given in the case of Reena Kumar
Chundawat (supra).
4. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
295-Sudheer/-
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