Rajasthan High Court - Jodhpur
Mayank Garg vs State Of Rajasthan (2023/Rjjd/011514) on 21 April, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2023/RJJD/011514] (1 of 4) [CW-149/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 149/2023
Mayank Garg S/o Shri Champa Lal Garg, Aged About 22 Years,
B/c Garg, R/o Ambedkar Colony, Mahaveer Nagar, Barmer,
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Education, Government Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
2. Director, Elementary Education, Bikaner.
3. Chief Executive Officer, Zila Parishad, Barmer.
4. Chief Executive Officer, Zila Parishad, Jo0Dhpur.
5. District Education Officer (Head Quarter), Elementary
Education Barmer, Rajasthan.
6. District Education Officer (Head Quarter), Elementary
Education Jodhpur, Rajasthan.
7. Block Development Officer, Panchayat Samiti, Dechu,
District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
Mr. M.S. Shekhawat
For Respondent(s) : Mr. K.K. Bissa, AGC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 21/04/2023 Heard learned counsel for the petitioner.
The present writ petition has been filed seeking a prayer that the candidature of the petitioner may be directed to be considered for posting at Barmer on the post of Teacher Level-I & II in (Downloaded on 24/04/2023 at 10:35:38 PM) [2023/RJJD/011514] (2 of 4) [CW-149/2023] pursuance of the selection process undertaken and in furtherance of the advertisement dated 31.12.2021.
Briefly, the facts narrated in the present case are that the petitioner being eligible for the post of Teacher Level I & II applied for consideration of his candidature in pursuance of the advertisement issued by the Department dated 31.12.2021. The provisional merit list of selected candidates was issued by the respondents on 01.02.2022 but due to selected candidates declared ineligible as well as due to non-joining of the selected candidates, vide order dated 23.09.2022, a waiting list was prepared wherein name of the petitioner found place at S.No. 99 (WL-11433) as per marks obtained by him in the REET examination and was allotted district Jodhpur. The petitioner in the preferences had given District Barmer as his first preference and District Jodhpur as fourth preference. In pursuance of the merit list prepared by the respondents, the petitioner was granted appointment on the post of Teacher Grade-III Level-I vide order dated 29.11.2022 and was allotted district Jodhpur. Thereafter, before joining at Jodhpur, the petitioner submitted a representation dated 27.09.2022 for change of his place of posting from Jodhpur to Barmer. Before issuance of the appointment order, when nothing was heard in the matter, the petitioner again submitted a representation dated 29.11.2022, mentioning there that certain vacancies are available in District Barmer, therefore, he prayed that his case may be considered for appointment at Barmer.
Learned counsel submits that in similar circumstances, certain persons also submitted representation and the same were (Downloaded on 24/04/2023 at 10:35:38 PM) [2023/RJJD/011514] (3 of 4) [CW-149/2023] considered favourably by the respondents by passing the order dated 21.11.2022 (Annexure-7). The petitioner secured certain information with respect to the vacancy position being available at Barmer on account of non-joining of certain persons. He further submits that the information has been supplied by the Department which clearly shows that there is vacancy available at Barmer, more particularly, in the light of a communication dated 10.10.2022 issued under the signature of Chief Executive Officer, Zila Parishad, Barmer. Learned counsel for the petitioner, therefore, prays that the respondents may be directed to change his place of posting from Jodhpur to Barmer. He further submits that the petitioner is ready and willing to forego his seniority benefits as well as the other benefits, if he is given the posting and appointment at Barmer.
Learned counsel for the respondents is not in a position to refute the factual submissions made by learned counsel for the petitioner. He further submits that the petitioner was allotted the Jodhpur district as per his merit position and, therefore, no illegality was committed by the respondents.
I have considered the submissions made at the bar and have gone through the relevant record of the case.
The factual details narrated above by learned counsel for the petitioner are not disputed. Thus, it can safely be presumed that the petitioner was granted appointment in Jodhpur district as per the merit list prepared by the Department vide Annexure-3 dated 23.09.2022. Subsequently, on a vacancy being available at Barmer, a proper representation was filed by the petitioner to the respondents for consideration of his appointment on the vacant (Downloaded on 24/04/2023 at 10:35:38 PM) [2023/RJJD/011514] (4 of 4) [CW-149/2023] post available at Barmer. Since, the respondents failed to respond to the representation filed by the petitioner and still allotted the District Jodhpur to the petitioner, this Court feels that in the identical situation, wherein the representations filed by a number of persons had been considered favourably by the respondents and their districts have been changed vide order dated 21.11.2022, no discrimination can be practiced against the present petitioner.
The availability of the vacancy at Barmer has also not been disputed by learned counsel for the respondents in the category of the petitioner. Since nobody has been appointed on that vacant position at Barmer so far, ends of justice will be met if the services of the petitioner are transferred from Jodhpur to Barmer on the vacant post available.
In view of the discussion made above, the present writ petition is allowed with a direction to the respondents to transfer the petitioner from Jodhpur to Barmer on the post of Teacher Grade III Level-I. The petitioner will not be entitled for any benefit of seniority as well as other consequential benefits on account of he being transferred from Jodhpur to Barmer.
(VINIT KUMAR MATHUR),J 95-KashishS/-
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