Rajasthan High Court - Jodhpur
Rajnish Ojha vs The State Of Rajasthan ... on 28 April, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:20427]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8405/2025
Rajnish Ojha S/o Shri Satya Narayan Ojha, Aged About 53 Years,
R/o V.p.o. Anandpur Kalu, District Pali.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur.
2. The Director, Secondary Education, Bikaner.
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
For Respondent(s) : Mr. N. K. Mehta, Dy GC with
Mr. Vaibhav Bang
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
28/04/2025
1. Heard learned counsel for the parties.
2. Learned counsel for the parties are in agreement that the
controversy involved in the present case is squarely covered by a
judgment of even date rendered by this Court in S.B. Civil Writ
Petition No.8749/2025 (Poonma Ram Vs. The State of Rajasthan &
Ors.) in the following terms:-
"I have considered the submissions made at the Bar
and have gone through the relevant record of the case.
In pursuance of the order dated 24.01.2025, the
petitioner was promoted from the post of Vice Principal to
Principal/Senior Teacher to Lecturer and since it was
mandated in the promotion order that the petitioner is
required to join within a period of 15 days, therefore, he
has joined the duties within the stipulated period of time.
After joining of the petitioner, the respondents have issued
the order/communication dated 27.01.2025 and amended
Circular dated 10.03.2025 for holding the counseling
process for giving posting to the petitioner. The purpose of
[2025:RJ-JD:20427] (2 of 3) [CW-8405/2025]
passing such order is mentioned in detail in these two
orders.
Primarily, this Court is of the view that such process
of counseling has been undertaken to ensure the
grievances of the persons promoted on the post for giving
them posting at the nearby places keeping in mind their
difficulties/problems.
It is true that the respondents have laid down certain
guidelines and parameters for undertaking the counseling
process and therefore, the same are required to be
adhered to. The grievance of the petitioner is that certain
posts which are though lying vacant in the near vicinity of
the area where the petitioner is serving, have not been
reflected in the vacant posts available for counseling. Not
only this, the place where the petitioner is serving is lying
vacant has also not been reflected as vacant position
during the counseling process.
This Court is of the considered opinion that if the
counseling process is devised for the purpose of giving
benefit to those persons then it should be implemented in
its true spirit by filling up the vacant post as per the
preference given by the candidate while giving postings.
In view of the discussion made above, the present
writ petition is disposed of with a liberty to the petitioner
to file an appropriate representation within a period of two
weeks from today and in case such representation is filed,
the respondents are directed to consider and decide the
same expeditiously preferably within a period of four
weeks from the date of such representation by keeping in
mind the observations made hereinabove and after taking
into consideration the order/communication dated
27.01.2025 and amended Circular dated 10.03.2025.
Needless to say that the respondents shall try and
accommodate the petitioner on the vacant post available
as per his preference.
It is also ordered that other parameters like date of
superannuation, illness suffered by any candidate or his
close family members or any other contingencies
warranting the discretion of the respondents shall also be
taken into consideration while considering the
representation for postings.
It is further ordered that till the representation is
decided by the respondents, the transfer order issued in
case of the petitioner shall remain stayed.
It is also made clear that if the petitioner fails to file
such representation within a period of two weeks, the
interim order granted by this Court shall not be
continued."
[2025:RJ-JD:20427] (3 of 3) [CW-8405/2025]
3. In view of the submissions made before this Court, the
present writ petition is also disposed of in terms of the judgment
rendered by this Court in the case of Poonma Ram (supra).
4. Stay petition as well as other pending misc. applications, if
any, stand disposed of accordingly.
(VINIT KUMAR MATHUR),J
29-Payal/-
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