Rajasthan High Court - Jaipur
Sushila vs State Education Departmentors on 16 August, 2021
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7568/2015
Sushila Daughter Of Gakul Chand, By Cast Jatav, Dhani Niram
Kali, Sefaraguwar, Tehsil Khetri, District Jhunjhunu Rajasthan
----Petitioner
Versus
1. The State Of Rajasthan Secretary, Principal Secretary To
The Government, Department Of Education, Govt. of
Rajasthan , Jaipur
2. Director, Secondary Education, Rajasthan, Bikaner
3. The Deputy Director Secondary, Jodhpur Divisional,
Jodhpur Rajasthan
4. District Education Officer Secondary , Jodhpur Division,
Jodhpur
----Respondents
For Petitioner(s) : None For Respondent(s) : Mr. S.Zakawat Ali
HON'BLE MR. JUSTICE INDERJEET SINGH Order 16/08/2021 This writ petition has been filed by the petitioner with the following prayers;
"It is, therefore, prayed that your Lordships may graciously be pleased to accept this writ petition and i- Issue a writ order of direction in the nature thereof thereby direct the respondent to given the posting and joining in nearest place to native place.
ii. Issue any other writ order of direction, which this Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioner.
iii. Cost of the writ petition be also awarded in favour of the petitioner".(Downloaded on 18/08/2021 at 09:55:02 PM)
(2 of 3) [CW-7568/2015] The petitioner was selected for the post of Senior Teacher (Hindi) and after appointment given posting by the respondent(s) in Jodhpur Zone.
The grievance of the petitioner is that he belongs to Jhunjhunu which comes under the Bikaner Zone and less meritorious candidates after appointment have been appointed/posted in Jodhpur Zone.
The respondent(s) filed reply to the writ petition more particularly in Para Nos. 3 and 4 which reads as under;
"3. That in this regard it is submitted that the petitioner has been selected as Teacher Grade II Hindi under BC We category at merit No.609. It is submitted that in the Bikaner Division last candidate has been selected at Merit No.436. It is further submitted that post of Grade II Teacher is at Zone level cadre and after selection from RPSC selected candidate are allocated zones as per their merit and category and as per vacancy sent by zone level for advertisement. Petitioner cannnot be permitted to equate herself with other category selected candidate.
It is submitted that as per Departmental policy division wise/ subject wise / category wise posts so advertised a particular division the subject wise and category wise equivalent selected candidates on the basis of division determined as per their permanent address and merit determined by the RPSC are allotted to the said particular Division. Accordingly the petitioner has been allotted Division and there is no illegality in it.
4. That Hon'ble Rajasthan High Court at Jodhpur in SBCWP No.11311/2015 Shweta Vs. State of Rajasthan decided on 01.12.2015 passed an order that "the appointment can be claimed as a matter of right but posting cannot be claimed as a matter of right because it is the prerogative of the employer to take work from the employee as per availability of post hence this writ petition is hereby dismissed." It is further submitted that merit no.897 is in category SC1932 and 1396 are OBC we widow, 1420 is ST and 1466, 1475, 1506, 1508, 1511 & 1520 are in ex-serviceman category so cannnot be equated.
According to the respondent(s), no person lower in merit to the petitioner has been given appointment in Bikaner Zone.(Downloaded on 18/08/2021 at 09:55:02 PM)
(3 of 3) [CW-7568/2015]
Considering the reply submitted on behalf of the
respondent(s), this writ petition is dismissed as no person lower in merit to the petitioner has been given appointment/posted in Bikaner Zone in her category.
Hence, this writ petition is dismissed (INDERJEET SINGH),J CHETNA BEHRANI /16 (Downloaded on 18/08/2021 at 09:55:02 PM) Powered by TCPDF (www.tcpdf.org)