Rajasthan High Court - Jodhpur
Annapurna Devi vs State Of Rajasthan on 19 July, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9974/2019
Annapurna Devi W/o Shri Dharm Narayan Dave, Aged About 53
Years, R/o Near T.t. Public School, Laxmipura, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Elementary Education, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The Director, Elementary Education, Govt. Of Rajasthan,
Bikaner.
4. The District Education Officer (Headquarter), Secondary
Education, Barmer.
5. The District Education Officer (Elementary), Barmer.
----Respondents
S.B. Civil Writ Petition No. 10013/2019
Jagdish Kumar S/o Sh. Durga Dan Ji, Aged About 50 Years, B/c
Jagtawat (Charan), R/o Village Parlu, Tehsil Pachpadara, District
Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur (Raj.).
2. Secretary, Department Of Rural Development And
Panchayati Raj, Secretariat, Jaipur (Raj.).
3. Director, Secondary Education, Rajasthan Bikaner (Raj.).
4. District Education Officer (Secondary), Barmer (Raj.).
5. District Education Officer (Elementary), Barmer (Raj.).
----Respondents
S.B. Civil Writ Petition No. 10030/2019
Rakesh Sharma S/o Babu Lal Sharma, Aged About 47 Years,
R/o Doli Rajgura, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department
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Of Education, Government Secretariat, Rajasthan,
Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10037/2019
Kewal Chand Fulwariya S/o Moda Ram Fulwariya, Aged About 54
Years, Jation Ka Purana Vass, Ward No. 11, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary Education,
Barmer.
----Respondents
S.B. Civil Writ Petition No. 10047/2019
Jainarayan Nimbark S/o Shri Kewal Das, Aged About 51 Years,
B/c Vaishnav, R/o Azad Chowk, Post Jasol, Pachpadra, District
Barmer. Presently Posted At Government Primary School,
Prajapato Ki Dhani, Nayapura, Jasol, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, (Secondary
Education), Education Department, Government
Of Rajasthan, Secretariat, Jaipur, Rajasthan.
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2. The Secretary, (Elementary Education), Secretariat,
Jaipur, Rajasthan.
3. The Director, (Elementary Education), Bikaner, District
Bikaner, Rajasthan.
4. The Director, (Secondary Education), Bikaner, District
Bikaner, Rajasthan.
5. The Joint Director (Training), Secondary Education,
Bikaner.
6. The Joint Director (School Education), Jodhpur, District
Jodhpur.
7. The District Education Officer (Headquarter), Secondary
Education, Barmer.
8. The Panchayat Elementary Education Officer, Government
Primary School, Prajapato Ki Dhani, Nayapura, Jasol,
Barmer.
----Respondents
S.B. Civil Writ Petition No. 10048/2019
Teja Ram S/o Shri Mishri Lal, Aged About 51 Years, By Caste
Meghwal, R/o- Ramdev Nagar, Ward No. 33, Balotra, District
Barmer (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur.
2. The Joint Director (Training), Secondary Education,
Bikaner (Raj.).
3. The District Education Officer (Headquarter), Secondary
Education, District Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10053/2019
Yogesh Vasu S/o Radheshyam Vasu, Aged About 47 Years, R/o
Sukhani Street, Laxmipura, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
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2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10054/2019
Satyanarayan S/o Late Shri Ramchandra, Aged About 56 Years,
By Caste Shrimali Brahmin, R/o Near Jain Saray, Station Road,
Balotra, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur.
2. The Joint Director (Training), Secondary Education,
Bikaner (Raj.).
3. The District Education Officer (Headquarter), Secondary
Education, District Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10058/2019
Smt. Bhawana W/o Shri Ram Soni, Aged About 31 Years, By
Caste Soni, R/o Mahdev Colony, Balotra, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur.
2. The Joint Director (Training), Secondary Education,
Bikaner (Raj.).
3. The District Education Officer (Headquarter), Secondary
Education, District Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10063/2019
Pukhraj Joshi S/o Amrit Lal, Aged About 55 Years, R/o Joshiyo Ka
Upprla Vaas, Panghat Road, Barmer (Raj.)
----Petitioner
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Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10064/2019
Prem Narayan Rankawat S/o Asu Lal, Aged About 58 Years, R/o
House No. 146, Krishna Mandir Lane, Bhagat Ki Kothi, Jodhpur
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10070/2019
Smt. Krishna Kumari Spouse/o Om Prakash Bansal, Aged About
30 Years, By Caste Agarwal, R/o Near Vimalnath Temple, Rawali
Gali, Balotra, District Barmer (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur
2. The Joint Director (Training), Secondary Education,
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Bikaner (Raj.)
3. The District Education Officer (Headquarter), Secondary
Education, District Barmer, Rajasthan
----Respondents
S.B. Civil Writ Petition No. 10071/2019
Lekhraj S/o Bhana Ram, Aged About 45 Years, By Caste Jatiya,
R/o Near New Bus Stand, Balotra, District Barmer (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur
2. The Joint Director (Training), Secondary Education,
Bikaner (Raj.)
3. The District Education Officer (Headquarter), Secondary
Education, District Barmer, Rajasthan
----Respondents
S.B. Civil Writ Petition No. 10088/2019
Ladhu Ram S/o Shri Narayan Ram, Aged About 57 Years,
Resident Of Village Kanwo Ki Beri, Rohila East Tehsil Dhorimana,
District Barmer. At Present Posted Teacher Grade -Iii (Level-I)
Gups Kanwo Ki Beri, Block Dhorimanna, Barmer (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education, Secretariat, Jaipur.
2. The District Education Officer (Secondary), Education
Department, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10104/2019
Sushila Khatri W/o Late Shri Uday Raj Khatri, Aged About 45
Years, R/o Near Pipleshwar Mahadev Temple, Balotra, Ward No.
20, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
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Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Educatin Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10124/2019
Meenu Shukla D/o Vijay Krshan Shukla, Aged About 51 Years,
Rr/o Senik, Vishram Garh Ke Samne, Indira Colony, Barmer
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary Department Of
Educaiton, Government Secretariat Rajasthan , Jaipur.
2. The Secretary, Rural Development And Panchayat Raj
Department, Government Of Secretariat, Rajashtan,
Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10178/2019
Devi Singh S/o Hanuman Ram, Aged About 47 Years, R/o Village
And Post Nehron Ki Dhani, Via Sindhari, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary Department Of
Educaiton, Government Secretariat Rajasthan , Jaipur.
2. The Secretary, Rural Development And Panchayat Raj
Department, Government Of Secretariat, Rajasthan,
Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
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5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10181/2019
Prathvi Singh Mahecha S/o Jawan Singh Mahecha, Aged About
54 Years, R/o Thakur Jawan Singh Ki Ravali Dhani, Near Marwar
Palace Hostel, N.h. 68, Jaisalmer Road, Village Barmer Magara,
District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary Department Of
Educaiton, Government Secretariat Rajasthan , Jaipur.
2. The Secretary, Rural Development And Panchayat Raj
Department, Government Of Secretariat, Rajasthan,
Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10185/2019
Surendra Singh S/o Shri Virendra Singh, Aged About 49 Years,
R/o Village And Post Kumha, Tehsil Sewar, District Bharatpur
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary Department Of
Educaiton, Government Secretariat Rajasthan , Jaipur.
2. The Secretary, Rural Development And Panchayat Raj
Department, Government Of Secretariat, Rajasthan,
Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
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6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10195/2019
Omprakash S/o Mishrimal, Aged About 47 Years, Netra Jyoti
Hospital Ke Pass, Chouhatan Road, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10198/2019
Ashok Kumar Joshi S/o Kanhaiya Lal Joshi, Aged About 51 Years,
Joshiyon Ka Nichla Mohalla, Nearest Balark Temple, Panghat
Road, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur
3. The Director, Secondary Education, Rajasthan, Bikaner
4. The Director, Elementary Education, Rajasthan, Bikaner
5. The District Education Officer (Headquarter), Secondary
Education, Barmer
6. The District Education Officer, Elementary, Barmer
----Respondentss
S.B. Civil Writ Petition No. 10201/2019
Jai Pal Singh S/o Ater Singh, Aged About 52 Years, R/o
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Subhash Nagar, Bhima Resort Ke Pass, City Bharatpur, District
Bharatpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondentsts
S.B. Civil Writ Petition No. 10210/2019
Om Prakash S/o Shri Nanak Ram, Aged About 48 Years, By
Caste Sindhi, R/o Nearby Sahara India Office, Balotra,
District Barmer (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur.
2. The Joint Director (Training) Secondary Education,
Bikaner (Raj.)
3. The District Education Officer (Headquarter), Secondary
Education, District Barmer, Rajasthan
----Respondents
S.B. Civil Writ Petition No. 10220/2019
Suresh Kumar S/o Shankar Lal, Aged About 48 Years, R/o Juni
Chowki Ka Bas, Padhar Mohalla, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur
2. The Secretary Rural Development And Panchayat Raj
Department, Government Secretariat, Rajasthan, Jaipur.
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3. The Director, Secondary Education, Rajasthan, Bikaner
4. The Director, Elementary Education, Rajasthan, Bikaner
5. The District Education Officer (Headquarter), Secondary
Education, Barmer
6. The District Education Officer, Elementary, Barmer
----Respondents
S.B. Civil Writ Petition No. 10221/2019
Kishana Ram Choudhary S/o Prahalad Singh Choudhary, Aged
About 51 Years, R/o Indra Gandhi Nagar, Ward No. 22, Behind
New Bus Stand, Post Balotra, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Rajasthan, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10229/2019
Mahendra Kumar Jain S/o Bheek Chand, Aged About 48 Years,
Kalyan Pura Marge No. 2, Ward No. 20, Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Secretariat , Jaipur, Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Secretariat, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
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6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10230/2019
Veera Ram Duger S/o Gokala Ram Duger, Aged About 53 Years,
R/o Village Dugeron Ka Tala, Post Hathi Tala, Via Sanawara,
District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthanf,
Secretariat, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Jaipur, Rajasthan.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10231/2019
Uda Ram Choudhary S/o Shri Rau Ram Choudhary, Aged About
57 Years, R/o Village And Post Kharapur, Tehsil Gida, District
Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthanf,
Secretariat, Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
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S.B. Civil Writ Petition No. 10055/2019
Ashwlekha D/o Sh. Bajrang Singh Ji, Aged About 31 Years, W/o
Sh. Dharmpal Singh B/c Charan, R/o Village Parlu, Tehsil
Pachpadara, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur (Raj.).
2. Secretary, Department Of Rural Development And
Panchayati Raj, Secretariat, Jaipur (Raj.).
3. Director, Secondary Education Rajasthan Bikaner (Raj.).
4. District Educatio Officer (Secondary), Barmer (Raj.).
5. District Educatio Officer (Elementary), Barmer (Raj.).
----Respondents
S.B. Civil Writ Petition No. 10259/2019
Anuradha Shrimali W/o Shri Jagdish Prasad Dave, Aged About
57 Years, R/o Vinayak Shrimali Street, Officers Colony, Barmer
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Education
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Director, Elementary Education, Rajasthan, Bikaner.
4. The District Education Officer, Secondary Headquarter,
Barmer.
5. The District Education Officer, Elementary Headquarter,
Barmer.
----Respondents
S.B. Civil Writ Petition No. 10307/2019
Prashant Vyas S/o Ghanshyam Ji Vyas, Aged About 55 Years,
R/o Tansingh Circle, Venasar Marg, Barmer (Raj.).
----Petitioner
Versus
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1. State Of Rajasthan, Through The Secretary, Department
Of Elementary Education, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The Director, School Education, Govt. Of Rajasthan,
Jodhpur.
4. The District Education Officer (Headquarter), Secondary
Education, Barmer.
5. The District Education Officer (Elementary), Barmer.
----Respondents
S.B. Civil Writ Petition No. 10337/2019
Mahipal Dave Maheep S/o Shri Hari Prasad Dave, Aged About
40 Years, By Caste Shrimali Brahmin, R/o - Behind The Vishnoi
Hostel, Balotra, District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur.
2. The Joint Director (Trainiing), Secondary Education,
Bikaner (Raj.).
3. The District Education Officer (Headquarter), Secondary
Education, District Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10346/2019
Devi Chand Pannu S/o Shri Mahendra Ram Pannu, Aged About
50 Years, Butiya, Tehsil Ramsar, District Barmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education Department, Bikaner,
Rajasthan.
3. Deputy Director, Primary Education, Jodhpur Zone,
Jodhpur.
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4. District Education Officer, (Head Office) Secondary
Education Department, Barmer, Rajasthan.
5. District Education Officer, Elementary Education
Department, Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10371/2019
Swaroop Singh S/o Padam Singh Ji, Aged About 48 Years,
Village Post Langera, Tehsil And District Barmer (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Elementary Education, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The Director, Elementary Education, Govt. Of Rajasthan,
Bikaner, Distt. Bikaner.
4. The District Education Officer (Headquarter), Secondary
Education, Barmer.
5. The District Education Officer, (Elementary), Barmer.
----Respondents
S.B. Civil Writ Petition No. 10378/2019
Kailash Rathi S/o Shri Dayaram Rathi, Aged About 52 Years,
Near Paanch Batti Circle, Barmer, Tehsil And District Barmer
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Elementary Education, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The Director, Elementary Education, Govt. Of Rajasthan,
Bikaner.
4. The District Education Officer (Headquarter), Secondary
Education, Barmer.
5. The District Education Officer, (Elementary), Barmer.
----Respondents
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S.B. Civil Writ Petition No. 10508/2019
Madan Singh S/o Dungar Singh, Aged About 44 Years, By
Caste Rajput, R/o Sardarpura Shiv Mandir Road, Barmer,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education Department, Bikaner,
Rajasthan.
3. District Education Officer (Head Office), Secondary
Education Department, Barmer, Rajasthan.
4. District Education Officer, Elementary Education
Department, Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10588/2019
Kheta Ram Sai S/o Shri Kumbha Ram, Aged About 50 Years, By
Caste Jat, R/o Mahaveer Nagar, Barmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education Department, Bikaner,
Rajasthan.
3. District Education Officer (Head Office), Secondary
Education Department, Barmer, Rajasthan.
4. District Education Officer, Elementary Education
Department, Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10592/2019
Madan Mohan Soni S/o Prabhu Lal Soni, Aged About 48 Years,
Roy Colony, Main Road, Barmer (Raj.).
----Petitioner
Versus
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1. State Of Rajasthan, Through Secretary, Department Of
Elementary Education, Government Of Rajasthan,
Jaipur.
2. The Secretary, Rural Development And Panchayati Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter), Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10599/2019
Brajesh Kumar Sanchora S/o Chandra Bhan Sanchora, Aged
About 51 Years, R/o Joshiyon Ka Nichala Vas, Panghat Road,
Barmer (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department
Of Education, Government Secretariat, Rajasthan,
Jaipur.
2. The Secretary, Rural Development And Panchayat Raj
Department, Government Secretariat, Rajasthan, Jaipur.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Director, Elementary Education, Rajasthan, Bikaner.
5. The District Education Officer (Headquarter) Secondary
Education, Barmer.
6. The District Education Officer, Elementary, Barmer
----Respondents
For Petitioner(s) : Mr. Devkinandan Vyas, Mr. M.S.
Godara, Mr. Hanuman Singh
Choudhary, Mr. Tribhuvan Singh, Mr.
Tanwar Singh, Mr. Rameshwar Lal
Dave, Mr. Mahaveer Bishnoi, Mr.
Narpat Singh Arha, Mr. Shreekant
Verma, Mr. R.J.Punia, Mr. Sukesh
Bhati.
For Respondent(s) : Mr. Hemant Choudhary, G.C. with Mr.
Vishal Jangid.
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HON'BLE MR. JUSTICE ARUN BHANSALI
Order 19/07/2019 These writ petitions have been filed by the petitioners aggrieved against the order dated 06.07.2019 passed by the District Education Officer (Head Quarter), Secondary Education, Barmer.
It is, inter-alia, indicated in the writ petition that initially an order dated 11.06.2019 was passed by the respondents transferring the petitioners by indicating that the said orders were passed under the provisions of Rule 6D of the Rajasthan Education Subordinate Service Rules, 1971 ('the Rules of 1971'). Whereafter, on realizing the mistake that teachers like petitioners were already appointed under the Rules of 1971, orders were passed on 14.06.2019 adding another column in the original order dated 11.06.2019 and therein indicating that the teachers like petitioners were transferred from Primary Education to Secondary Education and for rest of the teachers it was indicated that they have been subject to set up change under Rule 6D of the Rules.
Feeling aggrieved, the petitioners approached this Court by filing writ petitions.
A co-ordinate Bench of this Court by order dated 21.06.2019 decided the writ petitions led by Gena Ram Choudhary v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 8085/2019, wherein after noticing the contentions of the parties, it was directed as under :-
"This Court is of the opinion that the respondents have got completely confused and in spite of repeated judgments passed by this Court on earlier occasions regarding conduct of transfer exercises, by separating the exercise for set-up (Downloaded on 01/09/2019 at 11:05:20 PM) (19 of 24) change under rule 6-D and exercise of general transfers to be conducted under the Rules of 1971, they have failed to do so. Hence, looking into over all facts & circumstances of petitioners, present writ petitions are disposed of with following directions:
1] This order shall apply qua present petitioners only and since transfer is individual incidence of service, therefore, relief shall apply only to the sole petitioner or to the petitioner No.1 (in petitions filed by more than one petitioners).
2] The petitioners shall be free to submit representation and raise their grievances, if any, before the respondent Department within a period of ten days from today i.e. up to 30th June 2019.
3] The Director, Secondary Education, Government of Rajasthan shall constitute a committee afresh, to decide the grievance raised by representations and also to implement transfers in accordance with the Rules of 1971 without repeating the exercise of set up change twice for the teachers.
4] Rule 6-D of the Rules of 1971 shall not be applied upon the present petitioners and their transfers shall be kept free from operation of provisions of rule 6-D of the Rules, as their set up change already stood completed earlier. The transfer of petitioners, Teachers governed by the Rules of 1971, may be carried out by the competent authority as general transfers under the Rules of 1971.
5] The aforementioned committee constituted by the respondents shall pass order for transfer of petitioners, after considering their representations, if any, preferably within a period of 15 days from today.
6] The respondents shall be free to conduct counselling or use their software Shala Darpan but shall not apply rule 6- D of the Rules upon present petitioners.
7] Until such fresh orders are passed, the petitioners shall not be transferred from place of their posting before passing of the impugned transfer orders.
8] The impugned transfer orders qua present petitioners are quashed and set aside accordingly, with the liberty to respondents to pass fresh transfer orders. 9] It is made clear that these directions shall apply to the petitioners who have come before this Court in the present writ petitions. Those Teachers, who accepted the postings pursuant to impugned transfer orders, would not be entitled to approach the committee to be constituted by the respondents pursuant to this order. Their transfer orders shall remain effective.
10] It is further made clear that all those petitioners, who have filed their petitions but due to circumstances have joined at the transferred place of posting, shall be permitted to approach the aforementioned grievance committee constituted by respondents.
11] Transparency maintained by the respondents by bringing in counselling and software Shala Darpan in conducting transfers of the Teachers is applauded by this Court, as it would give some choice to the teachers and shall also reduce unnecessary interference in the transfer exercise. However, it is made clear that any Teacher against whom the exercise under rule 6-D of the Rules of 1971 had already been undertaken in past, shall now not be subjected to rule 6-D again for conducting transfers under the Rules of 1971. 12] Apart from this, if any petitioner has any other grievance then he shall be free to approach the Grievance Committee of respondents as formed pursuant to this order and the (Downloaded on 01/09/2019 at 11:05:20 PM) (20 of 24) Grievance Committee shall redress their grievance strictly in accordance with law and pass final orders of transfer. 13] Till final decision pertaining to petitioners is taken, as directed aforesaid, the petitioners shall be kept post at the place they were posted prior to passing of the impugned transfer orders.
14] This exercise shall be conducted with utmost priority to avoid any disturbance to the students in the ensuing academic session."
Pursuant to the directions, the petitioners approached the respondents by way of representations indicating their grievances including individual grievances / personal difficulties. The Committee before which the representations were made, by an order dated 05.07.2019, rejected the representations made by the petitioners and pursuant thereto, a fresh order dated 06.07.2019 was passed by the respondents subjecting the petitioners to transfers at the same places where they were earlier posted pursuant to the orders dated 11.06.2019/14.06.2019.
Feeling aggrieved by the said orders dated 05.07.2019 and 06.07.2019, the petitioners have approached this Court by way of the present writ petitions again raising dispute essentially qua the manner in which the representations have been decided by the respondents and the orders passed earlier have been reiterated.
It is submitted by learned counsel for the petitioners that a bare look at the disposal of the representation dated 05.07.2019 by the Committee, which though has been indicated to be comprising of the Chief District Education Officer, Barmer; District Education Officer (Head Quarter), Primary Education, Barmer and District Education Officer (Head Quarter), Secondary Education, Barmer, but essentially being manned by two persons only as the District Education Officer (Head Quarter), Secondary Education has signed the said orders on account of his having charge of the post of Chief District Education Officer, Barmer as well. (Downloaded on 01/09/2019 at 11:05:20 PM)
(21 of 24) It is submitted that a bare look at the orders passed in all the writ petitions reveal that an omnibus order has been passed indicating that the transfer made was according to law and rules. Whereafter, a indication has been made that those suffering from incurable disease, physically handicapped, widows or divorcees have been given priority during counselling as per rules and thereafter, the teachers have been subjected to transfer at the place, which was selected by them during counselling and that the various indications made in the representations were not justified and as such, the representations have been rejected.
Submissions have also been made that various issues, which were raised by the petitioners in the representations were not at all dealt with by the respondents and by making sweeping observations in the order dated 05.07.2019, all the objections / representations made have been rejected, which is not justified.
Submissions have also been made that once this Court directed the respondents to decide the representations to be made by the petitioners, it was incumbent of the respondents to appropriately deal with the said representations in accordance with law. However, the respondents, instead of dealing with the representations by a standard order, have rejected all the representations, which are not justified.
A response to the writ petitions have been filed by the respondents, inter-alia, supporting the orders impugned. It was submitted that various representations, which have been made, have been appropriately dealt with by the respondents and the decision communicated to the petitioners.
Learned counsel placed for perusal of the Court a document indicating in tabular form, the grievances noted by the District (Downloaded on 01/09/2019 at 11:05:20 PM) (22 of 24) Education Officer (Head Quarter), Secondary Education and rejecting the said representations.
Submissions have also been made that the respondents have dealt with the representations based on the circulars dated 08.05.2016 & 09.05.2016, according to which, no exception has been provided from subjecting the teachers to transfer, only priorities have been indicated for the manner in which they would be called for counselling and therefore, no interference is required in the orders passed.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
Initially when the petitioners approached this Court against the orders dated 11.06.2019 & 14.06.2019, in the case of Gena Ram (supra) the directions as quoted herein-before were given by the Court. The Court required the petitioners to make representation and the respondents were required to deal with the same in accordance with law and pass final orders of transfer. The order passed by the Court, cannot mean that the respondents would deal with the representations made by way of passing of standard order rejecting all the representations.
On a query put to the officers present in the Court, it was submitted that out of 140 representations received pursuant to the order passed by this Court, 05 representations were accepted, the above numbers indicated, clearly show that the respondents despite orders passed by this Court to deal with the representations made by the petitioners, have not dealt with the individual grievance of the petitioners and by taking refuse under the circulars dated 08.05.2016 & 09.05.2016, have rejected all the representations and have passed orders for transfer of the (Downloaded on 01/09/2019 at 11:05:20 PM) (23 of 24) petitioners reiterating the place of posting, which was accorded to them by orders dated 11.06.2019 & 14.06.2019. The manner of disposal of the representations despite orders passed by this Court leaves much to be desired, inasmuch as, during submissions made by learned counsel for the petitioners, several of the petitioners had raised grievances, which required a different disposal then what has been done by the respondents and/or in any case, the same required an appropriate speaking order so as to at least make the petitioners aware of the reasons for such rejection.
The contents of the order dated 05.07.2019, are absolutely omnibus and in fact can be applied to any situation irrespective of the grievance raised by the petitioners in the representations, which does not satisfy the requirements of a reasoned order and / or a speaking order and therefore, the order passed by the respondents in this regard cannot be sustained.
During course of submissions, when the above fact situation was put to learned counsel appearing for the respondents as well as the officers present in the Court specially the District Education Officer (Head Quarter), Secondary Education, Barmer, who had acted as the Chairman as well as the Secretary of the Grievance Redressal Committee, it was fairly conceded that the orders passed though are omnibus but the grievances made have been dealt with individually. However, a look at the tabulation prepared by the respondents, which has been placed for perusal of the Court, clearly indicates that except for tabulating the grievances raised by them nothing has been indicated and only indication made is "ifjosnuk dk Bksl vk/kkj ugha gksus ds dkj.k fujLr dh tkuh izLrkfor gSA" and thereafter, the order has been passed. As to how (Downloaded on 01/09/2019 at 11:05:20 PM) (24 of 24) and why the grievance raised is not substantial has not at all been indicated and communicated to the petitioners.
So far as the reliance place on the circulars dated 08.05.2016 & 09.05.2016 are concerned, same cannot form the sole basis for rejection of the representations made by the petitioners in view of the directions given in the case of Gena Ram Choudhary (supra) and the respondents were, therefore, bound to deal with the same appropriately.
In view of the above discussions, the writ petitions filed by the petitioners are allowed. The orders dated 05.07.2019 rejecting the representations made by the petitioners and 06.07.2019 subjecting the petitioners to transfer, are quashed and set-aside, qua the petitioners.
It would be required of the respondents to pass fresh orders on the representations made by the petitioners keeping in view the observations made herein-before. Based on the said disposal, the respondents would then be free to pass appropriate orders subjecting the petitioners to transfer in accordance with law.
The entire exercise be done most expeditiously.
(ARUN BHANSALI),J 34,35,42,43,46 to 52,54,55,57,60,64, 70,71,73,74,76,78,81,87,88,92,93,94, 239,243,251,264,266,268,270,279, 294,297 & 301-Rmathur/-
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