Rajasthan High Court - Jaipur
Kumari Fula Bai Meena vs State Of Raj And Ors on 5 February, 2009
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
S.B.Civil Writ Petition No.2339/2008 Kumari Fula Bai Meena Vs. State of Rajasthan & Ors. Date of order : 05.02.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA None present for petitioner.
Mr. Hemant Mathur, Dy.Govt. Counsel.
This case was called out yesterday but no one appeared, therefore, the following order sheet was recorded on 04th of February 2009:
No one appeared even in second round.
Put up tomorrow i.e. 5.2.2009. In case no one appears even tomorrow, then appropriate order will be passed. Earlier to it, while admitting this case, this court passed the following order on 25.04.2008 :
Heard. Admit. Fresh notices need not be issued as respondents are represented by their counsel. Meanwhile. Operation of order dated 26.02.2008 terminating services of petitioner shall remain stayed and respondents are directed to allow the petitioner to continue on the post held by her prior to termination impugned, till further orders. However, respondents will be at liberty to move for modification or vacation or this interim order, if so advised.
The main grievance raised in the writ petition is challenge to the termination order dated 26.02.2008 (Annexure-11) on the ground of violation of the principles of natural justice as well as on the ground that the petitioner was a duly selected and confirmed employee and also fulfilling the minimum academic professional qualification as per N.C.T.E. Notification dated 03.09.2001 (Annexure-2) published in the Gazette of India dated 04.02.2001. After issuance of the notice, the State appeared and sought time for filing of reply, but no reply has been filed till today despite the fixing of the case for final hearing.
The submission of the counsel for the State is that the petitioner was ineligible as per the direction of the Joint Director dated 15.02.2008, but the said order, dated 15.02.2008 neither placed on record nor shown. It is also not clear whether the letter dated 15.02.2008 of Joint Director is in accordance with the Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959.
I have considered the aforesaid submissions and in my view, the letter dated 15.02.2008 passed by the Joint Director (Elementary) Education is required to be examined with reference to the notification of N.C.T.E. Dated 03.09.2001 (Annexure-2) published in the Gazette of India dated 04.02.2001. Therefore, the impugned order dated 26.02.2008 (Annexure-11) is liable to be quashed. Accordingly, the writ petition is allowed. The impugned order dated 26.02.2008 (Anenxure/11) is quashed.
However, the respondents would be at liberty to examine the eligibility with reference to the notification of the N.C.T.E. Dated 03.09.2001(Annexure-2) published in the Gazette of India dated 04.02.2001 alongwith the qualification prescribed in the Rajasthan Panchayat Samiti and Zila Parishad Service Rules, 1959.
Consequently, the petitioner is re-instated with all consequential benefits.
(PREM SHANKER ASOPA),J.
Gandhi H/12