Rajasthan High Court - Jodhpur
Babu Lal Puniya vs State Of Rajasthan on 24 July, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9282/2019
Babu Lal Puniya S/o Shri Harchand Ram, Aged About 53 Years,
Resident Of Village Sankad Tehsil Sanchor District Jalor
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education, Secretariat, Jaipur.
2. The District Education Officer, Secondary Education
Department, Jalor.
----Respondents
Connected With
S.B. Civil Writ Petition No. 9403/2019
Kanheiya Lal Jangid S/o Shri Bhagwan Das, Aged About 52
Years, R/o Ward No. 35, Jangid Basti, Churu, District Churu,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Churu, District Churu, Rajasthan.
5. The District Education Officer (Headquarter), Elementary
Education, Churu, District Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9406/2019
Ratan Singh S/o Shri Tev Singh, Aged About 53 Years, R/o
Khayali House, Ward No. 14, Bijalighar Board Ke Pass, Jaipur
Road, Churu, 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, Secondary Education
Department, Churu, Rajasthan.
4. District Education Officer, Elementary Education
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Department, Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9411/2019
Harlal Singh Ranwa S/o Shri Shyokaran Ram Ranwa, Aged About
59 Years, Resident Of Near Dhani Ranwa, Dudwa Khara, Tehsil
And District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education, Churu.
4. District Education Officer, Primary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9413/2019
Laxman Ram Meghwal S/o Shri Mohan Ram Meghwal, Aged
About 47 Years, Resident Of Bobasar Bidawatan, Tehsil
Sujangarh, District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education, Churu.
4. District Education Officer, Primary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9419/2019
Om Prakash S/o Shri Dhira Ram, Aged About 39 Years, Resident
Of Village And Post Falka Via Anandpur Kalu, Tehsil Jaitaran,
District Pali, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur.
2. The Director, Secondary Education, Bikaner.
3. The District Education Officer (Headquarter), Department
Of Education, Pali.
----Respondents
S.B. Civil Writ Petition No. 9426/2019
Mani Ram Prajapat S/o Shri Keshra Ram Kumhar, Aged About 55
Years, Kheenwsar, Churu, Rajasthan - 331001
----Petitioner
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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, Secondary Education
Department, Churu, Rajasthan.
4. District Education Officer, Elementary Education
Department, Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9427/2019
Bhawani Shankar Ratnoo S/o Ram Dan, Aged About 50 Years,
V.p.o. Dasori, Tehsil Kolayat, District Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director, Secondary Education, Bikaner.
4. Director, Elementary Education, Bikaner.
5. District Education Officer, Secondary, Bikaner.
6. District Education Officer, Elementary, Bikaner.
7. Zila Parishad, Bikaner, Through Its Chief Executive Officer,
Bikaner.
----Respondents
S.B. Civil Writ Petition No. 9429/2019
Anuja Sharma W/o Shri Amresh Sharma, Aged About 50 Years,
Resident Of Behind Fort, Ward No. 34, Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education, Churu.
4. District Education Officer, Primary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9430/2019
Shish Ram S/o Shri Tanu Ram, Aged About 47 Years, Meghwalo
Ka Mohalla, Uthwaliya, Tehsil And District Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
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Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Churu District Churu, Rajasthan.
5. The District Education Officer, (Headquarter), Elementary
Education, Churu District Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9431/2019
Tara Verma W/o Shri Suresh Kumar, Aged About 48 Years,
Resident Of Govt. Aavas Grih 76 Iv 38, Civil Lines, Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner
3. District Education Officer, Secondary Education, Churu
4. District Education Officer, Primary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9432/2019
Nathu Ram S/o Shri Rawta Ram, Aged About 57 Years, R/o Vpo
Buntia, Tehsil And District Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikanerr, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Churu, District Churu, Rajasthan.
5. The District Education Officer (Headquarter), Elementary
Education, Churu, District Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9433/2019
Smt. Kanta Chouhan D/o Shri Ram Chandra Chauhan, Aged
About 34 Years, Resident Of 269, Pratap Nagar, Pali, Rajasthan.
----Petitioner
Versus
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1. The State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur.
2. The Director, Secondary Education, Bikaner.
3. The District Education Officer (Headquarter), Department
Of Education, Pali.
----Respondents
S.B. Civil Writ Petition No. 9437/2019
Pramila Meena W/o Bajrang Lal Meena, Aged About 45 Years,
R/o Saurabh Sadan, D-212, Agarsen Nagar, Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. Joint Director, School Education Region, Churu.
6. Chief District Education Officer, Churu.
7. District Education Officer (Headquarter), Secondary,
Churu.
8. District Education Officer (Headquarter), Elementary,
Churu.
9. Chief Block Education Officer, Churu
10. Zila Parishad, Churu Through Its Chief Executive Officer,
Churu.
----Respondents
S.B. Civil Writ Petition No. 9441/2019
Sushila Bissu W/o Jagdish Prasad Bissu, Aged About 48 Years,
R/o Plot No. 45, Karan Vihar, Ward No. 24, Poonia Colony, Churu,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. Joint Director, School Education Region, Churu.
6. Chief District Education Officer, Churu.
7. District Education Officer (Headquarter), Secondary,
Churu.
8. District Education Officer (Headquarter), Elementary,
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Churu.
9. Chief Block Education Officer, Churu
10. Zila Parishad, Churu Through Its Chief Executive Officer,
Churu.
----Respondents
S.B. Civil Writ Petition No. 9442/2019
Indira Poonia W/o Lal Chand Poonia, Aged About 53 Years, R/o
Near Railway Phatak, Poonia Colony, Ward No. 23, Churu,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. Joint Director, School Education Region, Churu.
6. Chief District Education Officer, Churu.
7. District Education Officer (Headquarter), Secondary,
Churu.
8. District Education Officer (Headquarter), Elementary,
Churu.
9. Chief Block Education Officer, Churu
10. Zila Parishad, Churu Through Its Chief Executive Officer,
Churu.
----Respondents
S.B. Civil Writ Petition No. 9443/2019
Pushpa Barupal W/o Pawan Kumar Barupal, Aged About 55
Years, R/o B-115, Agrasen Nagar, Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. Joint Director, School Education Region, Churu.
6. Chief District Education Officer, Churu.
7. District Education Officer (Headquarter), Secondary,
Churu.
8. District Education Officer (Headquarter), Elementary,
Churu.
9. Chief Block Education Officer, Churu
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10. Zila Parishad, Churu Through Its Chief Executive Officer,
Churu.
----Respondents
S.B. Civil Writ Petition No. 9447/2019
Radha Kishan Sanchoriya S/o Shri Shivdan Ram, Aged About 53
Years, Resident Of Near Somna, Jayal, District Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Govt. Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Ofifcer, Secondary Education, Nagaur.
4. District Education Officer, Primary Education, Nagaur.
----Respondents
S.B. Civil Writ Petition No. 9450/2019
Kamla Kheriwal W/o Gajanand Kheriwal, Aged About 53 Years,
R/o B-24, Agrasen Nagar, Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. Joint Director, School Education Region, Churu.
6. District Education Officer (Headquarter), Secondary,
Churu.
7. District Education Officer (Headquarter), Elementary,
Churu.
8. Chief Block Education Officer, Churu
9. Zila Parishad, Churu Through Its Chief Executive Officer,
Churu.
----Respondents
S.B. Civil Writ Petition No. 9452/2019
Rajendra Singh S/o Gokul Ram, Aged About 49 Years, R/o Gram
Bas Kirtan, Post Sardarpura Via Hamirwas, Tehsil Rajgarh,
Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
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3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. Joint Director, School Education Region, Churu.
6. District Education Officer (Headquarter), Elementary,
Churu.
7. District Education Officer (Headquarter), Elementary,
Churu.
8. Chief Block Education Officer, Churu
9. Zila Parishad, Churu Through Its Chief Executive Officer,
Churu.
----Respondents
S.B. Civil Writ Petition No. 9473/2019
Baby Bano Amrin W/o Sh. Khurshid Ahmed, Aged About 42
Years, R/o Nagaori Silawato Ka Bass, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Department
Of Secondary Education, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The District Education Officer, Secondary Education,
Jodhpur.
4. District Education Officer, Elementary Education, Jodhpur.
----Respondents
S.B. Civil Writ Petition No. 9511/2019
Smt. Sushila Pilania W/o Shri Sahiram Pi Laniya, Aged About 58
Years, R/o Jori Patta, Satyun, Churu, District Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondry Education, Bikaner, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Churu, District Churu, Rajasthan.
5. The District Education Officer (Headquarter), Elementary
Education Churu, District Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9517/2019
Smt. Neeta Pandey D/o Shri Kripacharya Pandey, Aged About 39
Years, Resident Of 48, Mahalaxmi Colony, Keshav Nagar, Pali,
Rajasthan.
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----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner.
3. The District Education Officer (Headquarter), Department
Of Education, Pali.
----Respondents
S.B. Civil Writ Petition No. 9533/2019
Rajni Bala Gurjar W/o Shri Shankar Lal Gurjar, Aged About 53
Years, Byecaste Gurjar, R/o Devgarh, Rajsamand (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur (Raj.)
2. Director, Secondary Education, Bikaner (Rajasthan).
3. District Education Officer (Hqr), Secondary, Rajsamand
(Rajasthan)
----Respondents
S.B. Civil Writ Petition No. 9546/2019
Devendra Kumar Sharma S/o Shri Basudev Sharma, Aged About
56 Years, Ward No. 10 Dudhwa Khara, District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education, Churu.
4. District Education Officer, Primary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9548/2019
Lalita Gupta W/o Shri Raj Kumar Gupta, Aged About 49 Years, A-
93, Kanta Khturiya Colony, Bikaner.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education, Bikaner.
4. District Education Officer, Primary Education, Bikaner.
----Respondents
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S.B. Civil Writ Petition No. 9553/2019
Chagan Lal Parmar S/o Shri Anna Ram Ji Parmar, Aged About 48
Years, Resident Of Village Kiwarli, Post Shantiwan, Taleti, Tehsil
Aburoad, District Sirohi.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secondary Education,
Rajasthan, Directorate, Bikaner.
2. The Director, Department Of Secondary Education,
Rajasthan, Directorate, Bikaner.
3. The District Education Officer, (Headquarter), Secondary
Education, Sirohi.
----Respondents
S.B. Civil Writ Petition No. 9565/2019
Smt. Bharti Kapoor W/o Shri Pawan Kumar Modi, Aged About 47
Years, Resident Of Near Mahesh Floor Mill, Ward No. 15, Om
Colony, Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education (Gr.2), Government Of Rajasthan, Secretariat,
Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The District Education (Headquarter), Secondary
Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9570/2019
Suman Sharma W/o Shri Mahesh Chandra Sharma, Aged About
56 Years, Resident Of Ward No. 17, Behind Lohiya College, Near
Bal Vikas Bharti School, Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education (Gr.2), Government Of Rajasthan, Secretariat,
Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The District Education (Headquarter), Secondary
Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9589/2019
Jai Prakash Lamboria S/o Shri Laxmi Narayan, Aged About 56
Years, R/o Rajpura, District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
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Department Of Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education, Churu.
4. District Education Officer, Primary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9590/2019
Arvind Chandra Nayak S/o Jadiya Nayak, Aged About 50 Years,
R/o Ward No. 03, Rakba Ka Thanda, Mota Tana, Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. District Education Officer, Secondary, Banswara
6. District Education Officer, Elementary, Banswara.
7. Zila Parishad, Banswara Through Chief Executive Officer,
Banswara.
----Respondents
S.B. Civil Writ Petition No. 9592/2019
Anita Singhvi W/o Shri Surendra Singhvi, Aged About 50 Years,
Resident Of 21, Nemi Nath Colony, Hiran Magri, Sector No. 3,
Udaipur- At Present Working As Teacher Grade- Iii At Govt.
Upper Primary School, Semtal, Block Gogunda, District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education, Secretariat, Jaipur.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. The District Education Officer, (Headquarter), Secondary
Education, Udaipur.
5. The District Education Officer (Headquarter), Elementary
Education, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 9594/2019
Shambu Lal Tabiyar S/o Kachara Ji Tabiyar, Aged About 52 Years,
R/o Village Ghanewa, Odwara, Banswara, Rajasthan.
----Petitioner
Versus
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1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. District Education Officer, Secondary, Banswara.
6. District Education Officer, Elementary, Banswara.
7. Zila Parishad, Banswara Through Its Chief Executive
Officer, Banswara.
----Respondents
S.B. Civil Writ Petition No. 9595/2019
Ranjana Shrimali W/o Chittranjan Trivedi, Aged About 50 Years,
R/o Hiran Magari, Sector-4, Udaipur, Tehsil And District- Udaipur.
----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, Udaipur.
5. The District Education Officer (Headquarter), Elementary
Education, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 9604/2019
Sarita Sharma W/o Shri Suresh Chandra Sharma, Aged About 44
Years, Byecaste Sharma, Fr/o Near Bus Stand, Devgarh, District
Rajsamand, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretariat, Jaipur, Raj.
2. Director, Secondary Education, Bikaner, Rajasthan.
3. District Education Officer (Hqr), Secondary, Rajsamand,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9371/2019
Arti W/o Kamal, Aged About 49 Years, Resident Oat Brahmin
Basti, Sareri Badi, Banswara.
----Petitioner
Versus
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1. The State Of Rajasthan, Through Principal Secretary,
Department Of Education, Government Of Rajasthan,
Jodhpur.
2. The Director, Elementary Education, Bikaner
(Rajasthan).
3. The District Education Officer, Secondary Education,
Banswara (Rajasthan).
4. The District Education Officer, Elementary Education,
Banswara (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 9478/2019
Heera Ram S/o Shri Manchha Ram Ji, Aged About 54 Years,
R/o Ashok Nagar, Bhinmal, District Jalore (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary,
Department Of Elementary Education, Secretariat,
Rajasthan, Jaipur.
2. The Joint Director, Secondary Education, Govt. Of
Rajasthan, Bikaner.
3. The Joint Director, School Education, Govt. Of
Rajasthan, Jodhpur.
4. The District Education Officer (Headquarter),
Secondary Education, Jalore.
5. The District Education Officer, (Elementary), Jalore.
----Respondents
S.B. Civil Writ Petition No. 9489/2019
Mahesh Kumar Trivedi S/o Shri Madan Lal Ji, Aged About 53
Years, Jalwala Chohataa, Bhinmal, District- Jalore (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary,
Department Of Elementary Education, Secretariat,
Rajasthan, Jaipur.
2. The Joint Director, Secondary Education, Govt. Of
Rajasthan, Bikaner.
3. The Joint Director, School Education, Govt. Of
Rajasthan, Jodhpur.
4. The District Education Officer (Headquarter),
Secondary Education, Jalore.
5. The District Education Officer (Elementary), Jalore.
----Respondents
S.B. Civil Writ Petition No. 9515/2019
Meetha Ram Nahar S/o Adara Ram Ji, Aged About 45 Years,
Village Post Dakatra Tehsil And District Jalore, Rajasthan.
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----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary,
Department Of Education, Secretariat, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. District Education Officer, Secondary, Jalore.
6. District Education Officer, Elementary, Jalore.
7. Zila Parishad, Jalore, Through Its Chief Executive
Officer, Jalore.
----Respondents
S.B. Civil Writ Petition No. 9648/2019
Anjana Sharma D/o Shri Narendra Kumar, Aged About 48
Years, R/o 888, Paota C Road, Jodhpur, District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Department Of Rural Development
And Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Jodhpur, District Jodhpur, Rajasthan.
5. The District Education Officer (Headquarter), Elementary
Education, Jodhpur, District Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9670/2019
Chhagana Ram S/o Bhinya Ram, Aged About 53 Years, R/o
Barudi, Post- Sindhaswa Chouhan, Tehsil Gudamalani, District
Barmer.
----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
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Department, Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9676/2019
Padma Sharma W/o Shri Narendra Kumar, Aged About 58
Years, R/o C-40, Shastri Nagar, Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Jaipur.
2. The Director, Secondary Education, Government Of
Rajasthan, Bikaner, Rajasthan.
3. The District Education Officer, Secondary Education,
Jodhpur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9777/2019
Salu Ram S/o Shri Kishna Ram, Aged About 54 Years, R/o
Village- Dungras Ugguna, Post- Harasar, Tehsil- Sujangarh,
District- Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Edcuation, Churu, District Churu, Rajasthan.
5. The District Education Officer (Headquarter), Elementary
Education, Churu, District Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9790/2019
Ram Pratap S/o Sh. Buja Ram, Aged About 52 Years, R/o
Village Sadau, Post Office Suratpura, Tehsil Rajgarh District
Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The District Education Officer, Secondary Education,
Churu.
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4. District Education Officer, Elementary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 8939/2019
Arvind Kumar Choubisa S/o Shri Himmat Ram Choubisa, Aged
About 44 Years, Intali Khera, Tehsil Salumber, District Udaipur,
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, Secondary Education
Department, Udaipur, Rajasthan.
4. District Education Officer, Elementary Education
Department, Udaipur, Rajasthan.
5. Peeo Senior Secondary School Umrada, Tehsil Girwa,
District Udaipur.
6. Chief Block Education Officer, Girwa, District Udaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 8950/2019
Babu Lal Bunkar S/o Shri Amara Ji, Aged About 44 Years, V/p
Nayagaon, Tehsil Kherwada, District Udaipur, 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, Secondary Education
Department, Udaipur, Rajasthan.
4. District Education Officer, Elementary Education
Department, Udaipur, Rajasthan.
5. Peeo Senior Secondary School Chhani, Tehsilkherwada,
District Udaipur, Rajasthan.
6. Chief Block Education Officer, Kherwada, District
Udaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 8951/2019
Dhuleshwar Meena S/o Shri Nathu Lal Meena, Aged About 44
Years, R/o V/p Chanwada, Tehsil Girwa, District Udaipur,
Rajasthan.
----Petitioner
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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, Secondary Education
Department, Udaipur, Rajasthan.
4. District Education Officer, Elementary Education
Department, Udaipur, Rajasthan.
5. Peeo Senior Secondary School Jawar, Tehsil Girwa,
District Udaipur.
6. Chief Block Education Officer Girwa, District Udaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 8954/2019
Chunni Lal Meena S/o Shri Hajari Lal Meena, Aged About 46
Years, V/p Bhudhar, Tehsil Rishabdev, District Udaipur,
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, Secondary Education
Department, Udaipur, Rajasthan.
4. District Education Officer, Elementary Education
Department, Udaipur, Rajasthan.
5. Peeo Senior Secondary School Bhudhar Khurd, Tehsil
Rishavbdev, District Udaipur, Rajasthan.
6. Chief Block Education Officer, Rishabdev, District
Udaipur, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 8961/2019
Bhawana Soni W/o Shri Jagdish Soni, Aged About 43 Years,
R/o V/p Jhadol, Tehsil Sarada, District Udaipur, 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, Secondary Education
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Department, Udaipur, Rajasthan.
4. District Education Officer, Elementary Education
Department, Udaipur, Rajasthan.
5. Peeo Senior Secondary School Thana, Tehsil Sarada,
District Udaipur.
6. Chief Block Education Officer Sarada, District Udaipur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9289/2019
Kishnaram S/o Shri Aabharam, Aged About 55 Years, R/o
Village Vodha, Post Arnay, Tehsil Sanchore, District Jalore
(Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretay, 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,
Jalore.
5. The District Education Officer, Elementary Headquarter,
Jalore.
----Respondents
S.B. Civil Writ Petition No. 9501/2019
Dinesh Kumar Soni S/o Bhanwar Lal Soni, Aged About 41
Years, R/o. Soni Para, Jaisalmer. (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department
Of Education, Group-Ii, Secretariat, Rajasthan, Jaipur.
2. District Education Officer (Head Office), (Secondary),
Department Of Secondary Education, Jaisalmer.
3. District Education Officer, (Elementary), Jaisalmer.
----Respondents
S.B. Civil Writ Petition No. 9607/2019
Ram Niwas S/o Shri Gabara Ram, Aged About 42 Years,
Resident Of Village And Psot Falka, Via Anandpur Kalu, Tehsil
Jaitaran, District Pali, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner.
3. The District Education Officer (Headquarter),
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Department Of Education, Pali.
----Respondents
S.B. Civil Writ Petition No. 9467/2019
Sangeeta Kumari W/o Shri Bhuraram Gusainwal, Aged About
44 Years, R/o Near Shri Gang Temple Ward No. 24 Bidasar,
Post- Bidasar, District Churu, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Secretary, Department Of Rural Development And
Panchayati Raj, Government Of Rajasthan, Jaipur,
Rajasthan.
3. The Director, Secondary Education, Bikaner, Rajasthan.
4. The District Education Officer (Headquarter), Secondary
Education, Churu, District Churu, Rajasthan.
5. The District Education Officer (Headquarter), Elementary
Education, Churu, District Churu, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9781/2019
Nirmala Joshi W/o Shri Purshotam Das Joshi, Aged About 59
Years, R/o Near Joshiyo Ki Pole, Barmer, District Barmer.
----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.
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. 9785/2019
Lata Soni W/o Shri Champa Lal Soni, Aged About 50 Years, R/o
Gulab Bhawan, Dhani Bazar, Barmer, District Barmer,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur.
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2. Director, Secondary Education Department, Bikaner,
Rajasthan.
3. Deputy Director, Primary Education, Jodhpur Zone,
Jodhpur.
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. 9792/2019
Tekma Ram S/o Shri Khema Ram Choudhary, Aged About 54
Years, R/o Indira Colony, Barmer, District Barmer.
----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.
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. 9809/2019
Smt. Sangeeta D/o Shri Ramchandra, Aged About 46 Years,
R/o Behind Balarak Prabhu Mandir, Joshiyo Ka Bas, Barmer,
District Barmer.
----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.
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. 9816/2019
Savitri Khatri D/o Shri Girdhari Lal Khatri, Aged About 59
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Years, R/o Near Joshiyo Ki Pole, Barmer, 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.
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. 9647/2019
Smt. Madhu Vyas W/o Shri Anil Vyas, Aged About 57 Years, By
Caste Brahman, Resident Of Rampura Basti, Asind, District
Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Elementary Education, Government Of Rajasthan,
Jaipur.
2. State Of Rajasthan, Through Secretary, Department Of
Secondary Education, Government Of Rajasthan, Jaipur.
3. District Education Officer, Elementary Education,
Bhilwara.
4. District Education Officer, Secondary Education,
Bhilwara.
5. Block Elementary Education Officer, Bhilwara, District
Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 9677/2019
Manaklata Tanwar W/o Shri Tara Prakash, Aged About 55 Years,
Resident Of 84, Ward No. 30, Near Jat Hostel, Sujangarh,
Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department, Govt. Of Rajasthan, Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. District Education Officer, Secondary Education, Churu.
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4. District Education Officer, Primary Education, Churu.
----Respondents
S.B. Civil Writ Petition No. 9702/2019
Tan Singh Rathore S/o Jethmal Singh, Aged About 52 Years,
R/o Tanda Bera, Dharna, Tehsil Siwana, 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
Deaprtment, 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. 9799/2019
Pushpa Chauhan D/o Dr. Mahesh Kumar, Aged About 45 Years,
R/o Harijan Shmshan Ke Pass, Barmer, 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.
4. District Education Officer (Head Office) Secondary
Education Department, Barmer, Rajasthan.
5. District Education Office, Elementary Education
Department, Barmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9894/2019
Teja Ram S/o Sh. Panna Ram, Aged About 60 Years, Mukam
Post Sudarshan Tehsil Didwana District Nagour.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Secretariat, Rajasthan, Jaipur.
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2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The District Education Officer, Secondary Education,
Nagour.
4. District Education Officer, Elementary Education, Nagour.
----Respondents
S.B. Civil Writ Petition No. 9997/2019
Ganga Devi W/o Shri Suresh Kumar Solanki, Aged About 48
Years, Resident Of Meghwalo Ka Was, Mahilawas, Tehsil Siwana
District Barmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education (Gr.2), Government Of Rajasthan, Secretariat,
Rajasthan, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The District Education (Headquarter), Secondary
Education, Barmer.
----Respondents
S.B. Civil Writ Petition No. 10000/2019
Uda Ram S/o Asharam, Aged About 46 Years, R/o Bain Churu,
District Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Secretarait, Jaipur.
2. Additional Secretary, Department Of Education,
Secretariat, Jaipur.
3. Director, Secondary Education, Bikaner.
4. Director Elementary Education, Bikaner.
5. District Education Officer, Secondary Churu.
6. District Education Officer, Elementary, Churu.
7. Zila Parishad, Churu Through Its Chief Executive Officer,
Churu.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia, Mr. Kailash Jangid,
Mr. L.R. Punia, Mr. Sushil Solanki,
Mr. Tanwar Singh, Mr. S.K. Verma,
Mr. Pramendra Bohra,
Mr. M.S. Godara, Mr. S.S. Nirban,
Mr. C.P. Trivedi, Mr. Om Rajpurohit,
Mr. C.S. Kotwani, Mr. Kuldeep Mathur,
Mr. Devkinandan Vyas, Ms. Deepika
Purohit, Mr. Omprakash, Ms. Chhavi
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Kalla, Mr. Mahaveer Bishnoi, Mr. VLS
Rajpurohit, Mr. G.R. Goyal, Ms. Pintu
Pareek, Mr. Hanuman Singh
Choudhary, Mr. Pritam Joshi.
For Respondent(s): Mr. Hemant Choudhary, G.C. with
Mr. Vishal Jangid, Dy. G.C.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
24/07/2019
These writ petitions have been filed by the petitioners
aggrieved against orders passed by the respondents, whereby the
petitioners have been transferred from Primary Education to
Secondary Education set-up.
It is, inter alia, indicated in the writ petitions that the
petitioners were selected for appointment under the provisions of
the Rajasthan Education Subordinate Service Rules, 1971 ('the
Rules of 1971') and were appointed as Teacher Grade-III by the
District Education Officer (Elementary Education). The petitioners
continued to serve with the department when orders were passed
by District Education Officer (Headquarters), Secondary Education
purportedly under provisions of Rule 6D of the Rules of 1971,
whereby the petitioners were subjected to counseling and were
posted in various Senior Secondary Schools by the orders passed
by the said authority.
Whereafter, on realizing that the petitioners were already
recruited under the provisions of the Rules of 1971 and could not
be subjected to provisions of Rule 6D of the Rules of 1971, fresh
orders were passed by the respondents, wherein in the original
order passed, one more column was added, wherein it was
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indicated that insofar as the petitioners were concerned, they
were being transferred from Primary Education to Secondary
Education and the place of postings allotted based on the
counseling, were maintained.
Though the challenge laid by the petitioners to the validity of
the orders dated 14.06.2019 has been accepted by a coordinate
Bench of this Court in a bunch of writ petitions led by Gena Ram
Choudhary v. State of Raj. & Ors.: SBCW No. 8085/2019, decided
on 21.06.2019, learned counsel for the petitioners insisted on
making submissions regarding the competence of the authority to
pass the orders impugned and decision thereon.
In the present writ petitions, submission have been made
that the petitioners have been subjected to provisions of Rule 6D,
which are not applicable to them and, therefore, the order
impugned deserves to quashed and set aside.
Further submission has been made that the appointing
authority of the petitioners is the District Education Officer (Boys)/
District Education Officer (Girls)/ District Education Officer
(Primary Education), whereas, the orders impugned have been
passed by the District Education Officer (Headquarters),
Secondary Education and as such as the orders have not been
passed by the appointing authority, the same are bad in law and,
therefore, the same deserve to be quashed and set aside.
Submissions have also been made in the writ petitions
seeking to question the procedure adopted by the respondents
while granting postings with regard to inter se seniority and that
despite availability of vacant positions nearby, the same were not
projected.
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A preliminary reply to the writ petition has been filed by the
respondents denying the averments made in the writ petition and
supporting the orders passed. However, as the issue pertaining to
the competence of the District Education Officer (Headquarters),
Secondary Education was not answered, under the directions of
the Court, an additional affidavit has been filed by the respondents
supporting the competence in this regard.
It is, inter alia, submitted that way back in the year 1983,
pursuant to Rule 2(a) of the Rules of 1971, the powers of
appointing authority were delegated to Joint Director/Dy. Director
and District Education Officers. Prior to 1997-98, Primary
Education Department and Secondary Education Department were
functioning as one Department viz. Primary and Secondary
Education Department, in the year 1997 different heads of
Department for Primary and Secondary Education were appointed
and the work was distributed by order dated 28.11.1997.
Submissions have been made that vide order dated
28.11.1997, the nomenclature of the post of District Education
Officer (Boys) was changed to District Education Officer
(Secondary) and as such, only nomenclature was changed.
Whereafter, it is submitted that the State Government issued
guidelines dated 08.08.2018, Whereby the offices at the Block,
District and Zone Level were reconstituted and Integrated
Education Sankuls were established, whereby, while establishing
offices of District Education Officer (Headquarters), Secondary
Education and District Education Officer (Headquarters), Primary
Education, the rest of the offices of District Education Officer
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(Secondary Education), Districts Education Officer (Primary
Education) etc. were abolished.
References has also been made to the work distribution
between the District Education Officers (Headquarters), Primary
Education and District Education Officer (Headquarters),
Secondary Education and it is submitted that it is only the District
Education Officer (Headquarters), Secondary Education, who has
the jurisdiction to pass the orders. It was prayed that the writ
petitions deserve to be dismissed as the issue raised therein has
no substance.
Submission have also been made that the various pleas
raised regarding the seniority etc., be not entertained as the
petitioners have alternative remedy by way of appeal before the
Rajasthan Civil Services Appellate Tribunal and on that count also,
the petitions deserve to be dismissed.
I have considered the submissions made by the learned
counsel for the parties and have perused the material available on
record.
The issue raised by the petitioners regarding subjecting them
to provisions of Rule 6D of the Rules of 1971 has lost significance
once the respondents have issued orders indicating the transfer of
the petitioners from Primary Education to Secondary Education
and despite order in the case of Gena Ram Choudhary (supra), the
petitioners instead of relying on the said order have argued only
on the competence of the authority.
Insofar as the various issues raised by the petitioners on the
merit of the orders of transfer based on seniority etc. is
concerned, the orders passed by the respondents are open to
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appeal under the provisions of the Rajasthan Civil Services
(Service Matters Appellate Tribunals) Act, 1976 and in view of
availability of an alternative remedy, there is no reason for this
court to entertain the present writ petition on the grounds as
raised.
Insofar as the issue of jurisdiction raised by the petitioners is
concerned, the plea raised is that the petitioners, were appointed
as Teachers Grade-III by the then District Education Officers, who
were either designated as District Education Officers (Boys)/
District Education Officers (Girls)/ District Education Officers
(Primary Education) or District Education Officers (Elementary
Education), as such they could not have been ordered to be
transferred from Primary Education to Secondary Education set-up
by District Education Officer (Headquarters), Secondary Education
and, therefore, the order is bad. The plea raised in this regard is
baseless.
The appointing authority has been defined under Rule 2(a) of
the Rules of 1971, wherein the same has been defined as 'the
Director of Primary and Secondary Education and includes any
other officer to whom such powers in the behalf have been
delegated by a special or general order of the Government'.
From the material, which has been placed on record, it is
apparent that though initially there was one Director of Primary
and Secondary Education and in the year 1983 vide order dated
30.11.1983, the power of appointing authority was delegated to
Joint Director/Dy. Director and District Education Officers.
Subsequent thereto, the positions/offices of District Education
Officer were either bifurcated into Secondary/Primary/Elementary
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or between boys and girls and the nomenclatures also were
changed from time to time and the appointments were being
made from time to time.
Though the appointments were made under the designation
as it existed then, the fact of the matter is that entire exercise
was undertaken under the delegated authority under Rule 2(a) as
District Education Officer.
Ultimately, State Government by its order dated 08.08.2018
(Annex.-4) filed with the additional affidavit, while reorganizing
the offices of the Department at the Block, District and Zone
Level, established Integrated Education Sankuls and created new
positions, designations etc. The relevant part of the said order,
reads as under:-
"jkT; Lrj ij iquxZBu ds i"pkr jkT; esa f"k{kk foHkkx ds CykWd]
ftyk ,oa laHkkx (Zone) Lrj ds iz"kklfud <kaps dks lqn`< djus ds fy,
orZeku esa lapkfyr CykWd] ftyk ,oa laHkkx (Zone) Lrj ds dk;kZy;ksa dk
iquxZBu dj ifjf"k'V&2 ds ,dhd`r iz"kklfud O;oLFkk LFkkfir dh tkrh
gS] ftlds varxZr CykWd] ftyk ,oa laHkkx Lrj ij ,dhd`r f"k{kk ladqy
fuEukuqlkj LFkkfir fd;s tkrs gSa %&
........................
........................
2.ftyk Lrjh; ,dhd`r f"k{kk ladqy 2-1 jkT; ds leLr 33 ftyksa ds Lrj ij ifjf"k'B&4 ds vuqlkj eq[; ftyk f"k{kk vf/kdkjh ,oa insu ftyk ifj;kstuk leUo;d] lexz f"k{kk vfHk;ku ds v/khu ftyk Lrjh; f"k{kk ladqy LFkkfir fd;k tkrk gSA 2-2 izR;sd ftyk Lrjh; ,dhd`r f"k{kk ladqy ds la?kVd dk;kZy;ksa (Constituent Offices) esa fuEukuqlkj inksa dk l`tu fd;k tkrk gS%& ¼v½ eq[; ftyk f"k{kk vf/kdkjh ,oa insu ftyk ifj;kstuk leUo;d] lexz f"k{kk vfHk;ku dk;kZy;
Ø- la- led{k in is&ysoy ftysa esa ctV en 33 ftyksa esa
(Rank) Lohd`r inksa dqy Lohd`r
inuke ¼osrueku½
dh la[;k inksa dh
la[;k
1 eq[; ftyk f"k{kk mi funs"kd L-18 1 lexz f"k{kk 33
vf/kdkjh ,oa insu ftyk vfHk;ku
ifj;kstuk leUo;d] lexz en
f"k{kk vfHk;ku
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........................
........................
¼c½ ftyk f"k{kk vf/kdkjh ¼eq[;ky;½ ek/;fed f"k{kk dk;kZy;
Ø- la- led{k in is&ysoy ftysa esa ctV en 33 ftyksa esa
(Rank) Lohd`r inksa dqy Lohd`r
inuke ¼osrueku½
dh la[;k inksa dh
la[;k
1 ftyk f"k{kk vf/kdkjh ftyk f"k{kk L-17 1 jkT; en 33
¼eq[;ky;½ ek/;fed f"k{kk vf/kdkjh ........................
........................
¼l½ ftyk f"k{kk vf/kdkjh ¼eq[;ky;½ izkjfEHkd f"k{kk dk;kZy;
Ø- la- led{k in is&ysoy ftysa esa ctV en 33 ftyksa esa
(Rank) Lohd`r inksa dqy Lohd`r
inuke ¼osrueku½
dh la[;k inksa dh
la[;k
1 ftyk f"k{kk vf/kdkjh ftyk f"k{kk L-17 1 jkT; en 33
¼eq[;ky;½ izkjfEHkd f"k{kk vf/kdkjh
........................
........................
2-3 mijksDr inksa ds vfrfjDr orZeku esa ftyk Lrj ij lapkfyr ftyk f"k{kk vf/kdkjh] izkjafHkd f"k{kk] ftyk f"k{kk vf/kdkjh] ek/;fed f"k{kk ,oa ,l,l, ,oa vkj,e,l, ds ftyk Lrjh; dk;kZy;ksa esa jkT; en] ,l,l, ,oa jelk ds rgr Lohd`r leLr in lekIr fd;s tkrs gSA "
From the above, it is apparent that with the creation of the positions of Chief District Education Officer, District Education Officer (Headquarters), Secondary Education, District Education Officer (Headquarters), Primary Education, the post of District Education Officer (Primary Education), District Education Officer (Secondary Education), came to an end.
Once all the pre-existing positions of DEO were abolished and/or were rechristened as DEO (Hqrs), Secondary Education and DEO (Hqrs), Primary Education, the various pleas sought to be raised based only on the designation used while issuing the orders of appointment, have no substance.
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(31 of 31) In the operational guidelines for the Integrated Education Sankul, the establishment related work allotted to DEO (Hqrs), Elementary Education, inter alia, reads as under:-
"ftys ds izkFkfed@mPp izkFkfed fo|ky;ksa esa dk;Zjr r`rh; Js.kh v/;kid ,oa led{k dkfeZdksa] teknkj] prqFkZ Js.kh deZpkfj;ksa ds LFkkukUrj.k izLrko rS;kj dj l{ke vf/kdkjh dks izsf'kr djsaxsA "
For DEO (Hqrs), Secondary Education, the same has been indicated as under:-
"ek/;fed@mPp ek/;fed fo|ky;ksa esa dk;Zjr r`rh; Js.kh v/;kid ds inLFkkiu ,oa LFkkukUrj.k rFkk r`rh; Js.kh "kkjhfjd f"k{kd] iqLrdky;k/;{k] iz;ksx"kkyk lgk;d] dfu'B lgk;d] iz;ksx"kkyk lsod] teknkj] prqFkZ Js.kh deZpkjh dh fu;qfDr] inLFkkiu ,oa LFkkukUrj.k lEcU/kh dk;Z djsaxsA"
From the above operational guidelines, it is apparent that it is only the DEO (Hqrs), Secondary Education, who has the jurisdiction to pass the orders for transfer of the petitioners from Primary Education to Secondary Education and accord postings being their appointing authority and, therefore, entire petition based on the submission regarding lack of jurisdiction, has no substance.
Consequently, the writ petitions filed by the petitioners are dismissed leaving it open for them to approach the Rajasthan Civil Services Appellate Tribunal, in case they have any grievance qua the issues other than the authority of the DEO (Hqrs), Secondary Education.
(ARUN BHANSALI),J 32 to 66, 67, 87 to 88, 89, 90 to 92, 103, 105, 206, 207, 208, 209, 211, 254, 255, 256 to 262, 263, 264, 265, 268, 271, 296 & 298-PKS/-
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