Rajasthan High Court - Jodhpur
Monika Meena vs State Of Rajasthan (2024:Rj-Jd:42922) on 21 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16157/2024
Mamta Meena D/o Bhawarlal, Aged About 24 Years, R/o Village
Odwara Post Badi Lak, District Pratapgarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 16137/2024
Sonal Meena D/o Shri Laxman Lal Meena, Aged About 26 Years,
R/o Mewara Tehsil Bicchiwada, District Dungarpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
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----Respondents
S.B. Civil Writ Petition No. 16159/2024
Namrata Meena D/o Shri Jeevraj Meena, Aged About 22 Years,
R/o Maudi Fala, Tehsil Rishabhdev, Mansaron Ki Ovri, Udaipur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 16160/2024
Monika Meena D/o Ramlal Meena, Aged About 26 Years, R/o. Pal
Kuradiya, Post Kuradiya, Tehsil Semari, District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 16161/2024
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Suman Khokhariya D/o Shri Sunil Khokhariya, Aged About 28
Years, R/o Village And Post Pal, Tehsil Girwa, District Udaipur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 16162/2024
Nirmala Dama D/o Prabhu Lal Dama, Aged About 36 Years, R/o
125 Gaon Fala, Gatrali, Post Harshawara, Tehsil Kherwada, Dist-
Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
----Respondents
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S.B. Civil Writ Petition No. 16166/2024
Surya Kumari Ahari D/o Ram Lal, Aged About 25 Years, R/o Upali
Sigri Post Nichli Sigri, Tehsil Jhadol, District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 16167/2024
Reena Khokharia D/o Kesulal Khokharia, Aged About 25 Years,
R/o Village Undari Kalan, Girwa, District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Elementary Education, Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayati Raj Department, Government Of
Rajasthan, Secretariat, Jaipur.
3. Rajasthan Staff Selection Board, Jaipur, Through Its
Secretary, State Institute Of Agriculture Management
Premises, Tonk Road, Shriji Nagar, Prithviraj Colony,
Durgapura, Jaipur, Rajasthan.
4. Director, Elementary Education, And Panchayati Raj
(Elementary Education) Rajasthan, Bikaner, Rajasthan.
5. District Education Officer (Elementary), Head Quarter,
Elementary Education Sirohi, District Sirohi, Rajasthan.
6. Chief Executive Officer, Zila Parishad, Sirohi, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Pindwara,
District Sirohi, Rajasthan.
----Respondents
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For Petitioner(s) : Mr. Rajesh Shah
For Respondent(s) : Mr. B. L. Bhati, AAG assisted by
Mr. Deepak Chandak,
Ms. Sonal Parihar
Mr. Vinit Sanadhya
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
21/10/2024
1. With the consent of learned counsel for the parties, the writ
petitions are being heard and decided finally at this stage.
2. Since the facts involved in the present writ petition arise
from a common order dated 18.09.2024 passed by the Director,
Elementary Education and Panchayati Raj (Elementary Education)
Rajasthan, Bikaner, therefore, the bunch of writ petitions is being
disposed of by this Court common judgment.
3. For proper adjudication of the controversy, facts of S.B. Civil
Writ petition No.16157/2024 (Mamta Meena vs. State of
Rajasthan & Ors.) are taken into consideration.
4. Heard learned counsel for the parties.
5. The present writ petition has been filed against the order
dated 18.09.2024 passed by Director, Elementary Education and
Panchayati Raj (Elementary Education) Rajasthan, Bikaner,
whereby, the services of the petitioner have been discontinued.
6. Briefly noted the facts in the present writ petition are that
the petitioner was appointed on the post of Teacher Grade-III,
Level-1 in pursuance of the selection process undertaken by the
respondents vide notification dated 14/16.12.2022. While the
petitioner was working on the post of Teacher Grade-III at his
respective place of posting, he has been served with an order
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dated 18.09.2024 cancelling his appointment on the post of
Teacher Grade-III. Hence, the present writ petition has been filed.
7. Learned counsel for the petitioners submits that the order
dated 18.09.2024 has been passed without giving any opportunity
of hearing to the petitioners. The order dated 18.09.2024
cancelling the appointment of the petitioner has adverse affect,
therefore, an opportunity of hearing before passing said order is
necessary. Learned counsel for the petitioner further submits that
the order dated 18.09.2024 has been passed in gross violation of
principle of natural justice. He, therefore, prays that the writ
petitions may be allowed and the order dated 18.09.2024 may be
quashed and set-aside.
8. Per contra, learned counsel for the respondents vehemently
opposed the submissions made by the learned counsel for the
petitioners and submit that the order cancelling the appointment
of the petitioners on the post of Teacher Grade-III has been
passed in compliance of the directions issued by a Co-ordinate
Bench of this Court in the case of S.B. Civil Writ Petition
No.15497/2023 (Lila Kumari Meena V/s State of Rajasthan
& Ors.), decided on 07.11.2023. He further submits that in
pursuance of the direction issued by the Co-ordinate Bench of this
Court, the merit list/selection list has been revised and since
more meritorious persons are available with the respondents,
therefore, the petitioners will have to make the room for them.
However, learned counsel for the respondents very fairly
submitted that before passing the order dated 18.09.2024, no
show cause notice was given and no opportunity of hearing was
granted to the petitioners. Learned counsel submits that the
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respondents may be given liberty to take an appropriate action for
due compliance of the principle of natural justice and for passing a
fresh order.
9. I have considered the submissions made at the Bar and gone
through the relevant record of the case as well as the order dated
18.09.2024.
10. The undisputed fact mentioned above is that the order dated
18.09.2024 cancelling the appointment of the petitioners on the
post of Teacher Grade-III has been passed without giving any
opportunity of hearing to them. Therefore, in the opinion of this
Court, the order dated 18.09.2024 is having civil and evil
consequences and is adversely effected the interest of the
petitioners, thus, the same cannot be passed without complying
with the principle of natural justice. Therefore, in the humble
opinion of this Court, the same is not sustainable in the eyes of
law.
11. In view of the discussions made above, the present writ
petitions merit acceptance and the same are allowed. The order
dated 18.09.2024 passed by the Director, Elementary Education,
And Panchayati Raj (Elementary Education) Rajasthan, Bikaner
qua the petitioners is quashed and set-aside.
12. It is made clear that respondents will be at liberty to pass a
fresh order in accordance with law in compliance of principle of
natural justice, if they felt so advised.
13. The stay petitions as well as other pending misc. applications
if any, stand disposed of accordingly.
(VINIT KUMAR MATHUR),J
21-28-SunilS/-
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