Rajasthan High Court - Jaipur
Premlata Ameta And Ors vs State (Education Department)Ors on 26 March, 2012
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH O R D E R S.B.CIVIL WRIT PETITION NO.3791/2012 Premlata Ameta & Ors. vs. State of Rajasthan & Ors. DATE OF ORDER ::::: 26.03.2012 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. Hanuman Chaudhary for the petitioners. Mr. Shantanu Kumawat on behalf of Mr. S.N. Kumawat, Addl. AG for the respondents. By the Court:
Heard learned counsel for the parties.
Issue notice to the respondents.
Mr. Shantanu Kumawat appearing on behalf of Mr. S.N. Kumawat, Addl. A.G. for the respondents accepts notice.
By this writ petition, petitioners are seeking direction to the respondents to appoint them on the post of teacher (Primary/ Upper primary schools) Gr.III pursuant toadvertisement dated 30.10.2006 under ST/General category against remaining unfilled/vacant vacancies which are still reserved for TSP Area in District Udaipur, Banswara and Dungarpur, by extending the benefit of order dated 27.4.2011 issued by the RPSC in compliance of final order dated 13.2.2012 passed in SBCW No.636/2012, Mohan Lal Katara vs. State of Rajasthan & Ors. by this Court from the date of appointment of last selected candidate with all consequential benefits.
Submission of counsel for the petitioners is that all the petitioners were provisionally selected but they have been denied appointment on account of the fact that they have passed B.Ed. Degree from Jiwaji University, Gwalior and the controversy has been resolved by the Supreme Court directing the respondents to give benefit to the candidates having B.Ed. degree from the above said University with retrospective effect and now the respondent RPSC has issued the order dated 27.4.2011. Counsel for the petitioners further submits that this case is squarely covered by the order passed by the Co-ordinate Bench in S.B. Civil Writ Petition No.636/2012, Mohan Lal Katara & Ors. vs. State of Rajasthan & Ors. Decided on 13th February, 2012. The order dated 27.4.2011 issued by the RPSC runs as under:-
'' ??????? ???????? ??? ???? ???????? ?????,???????, 2006 ?? ???? ???? ?????? ?????????????, ???????? ?? ??.??. ?? ?????? ???.???????? ???????? ??? ????????? ???? ?? ???? ?? ????????????? ?? ??.??. ????????? ???? ???????? ??? ?????? ????? ?? ?????? 16/03/2007 ?? ????? ???????? ???? ???? ?? ???? ??? ?? ????? ???? ??? , ???.???????? ???????? ?????? ??????? ?????? ?? ???? ?? ??.??.??????? ?? ?????? ???????? ?????? ?? ????? ???? ???? ?? ???? ??? ????? ??????????? ?? ????? ????? ??? ???? ?????? ?????? ????? ?? ??????? ???? ??? ?????? ??? ???? ?? ??? ? ????? ???? ???????? ???? ?????????? ???? ???? ??? ? '' Counsel appearing for the respondents has not disputed the factual aspect of the case and submits that appropriate orders may be passed.
I have gone through the record of the writ petition and also considered the submissions of counsel for the parties.
There is no dispute between the parties that the present case is squarely covered by the order dated 13th February, 2012 passed by the Co-ordinate Bench in the aforementioned case wherein placing reliance on the order dated 27.4.2011 issued by the RPSC, the Co-ordinate Bench passed the following order:-
In the light of the order of the RPSC, as quoted above, case of the petitioners may also be considered by the respondents and if their case is found at par with those, who were extended benefit of order dated 27.4.2011, it is expected that petitioners' candidature would not only be considered if they find place in merit, will further be extended consequential benefits of appointment. Necessary exercise in that regard may be undertaken by the respondents within a period of two months from the date of receipt of certified copy of this order. With the aforesaid, the writ petition is disposed off.
The petitioners are also entitled for the same benefit.
With the aforesaid observation, the writ petition stands disposed off. (PREM SHANKER ASOPA)J. Bairwa all corrections made in the judgment/order have been incorporated in the judgment/order being emailed Kailash Chandra Bairwa Sr.P.A