Rajasthan High Court - Jodhpur
Ramu Devi & Ors. vs . State Of Rajasthan & Ors. on 21 August, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Writ Petition No.3435/2011
Ramu Devi & Ors. Vs. State of Rajasthan & Ors.
Order dated 21/08/2014
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Writ Petition No.3435/2011
Ramu Devi & Ors. Vs. State of Rajasthan & Ors.
Date of Order :::: 21st August, 2014
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
None present for the petitioners.
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BY THE COURT:
1. The lawyers are observing strike which is contrary to various Supreme Court decisions.
2. None is present on behalf of petitioner, though name of Mr. Rakesh Arroa is shown in the cause list.
3. Perused the record. The case is listed at Serial No.13 in today's cause list in "for fresh admission with stay" category. The writ petition has been filed on 19.04.2011 with the following prayers: -
"It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order or direction the impugned notification dated 5.3.2011 (Annex.2) may kindly be quashed and set aside and the respondents may be directed to continue the petitioners on the post on which they were working with all consequential benefits.
S.B. Civil Writ Petition No.3435/2011 Ramu Devi & Ors. Vs. State of Rajasthan & Ors.
Order dated 21/08/2014 2/2 Any other order favourable to the petitioners may also be passed."
4. The petitioners, who were working as Teacher(s) in the "Kasturba Gandhi Residential Schools" under the "Sarva Shiksha Abhiyan" project of the State Government, have approached this Court feeling aggrieved by issuance of the Advertisement dated 05.03.2011 (Annex.2) whereby the Rajasthan Elementary Education Council, Jaipur, has invited applications for the post of Teacher Grade II and Teacher Grade III in the Panchayati Raj Department.
5. The present writ petition was filed on 19.04.2011 and as of now even notices have not been issued. The selection process in pursuance to the advertisement dated 05.03.2011 (Annex.2) appears to have been completed by the respondents and whether the petitioners themselves have also participated in the said selection process of not, is not clear from the record. The petitioners cannot claim a prior right or right of regularization and no restraint order can be issued against the State for initiating such recruitment process, therefore, the present writ petition is found to be devoid of any force.
5. The writ petition is, accordingly, dismissed with no order as to costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-
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