Rajasthan High Court - Jodhpur
Reena Vyas vs State Of Rajasthan on 3 November, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 9904/2020 Hari Ram S/o Shri Kishan Lal, Aged About 31 Years, By Caste Purohit, R/o - Udaniyon Ka Bas, Gudamalani, District Barmer (Raj.).
----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur.
2. The Director, Secondary Education, Bikaner (Raj.).
3. The Joint Director, School Education, Jodhpur Division, Jodhpur (Raj.).
----Respondents Connect with (2) S.B. Civil Writ Petition No. 10022/2020 Vikram Singh S/o Shri Amar Singh, Aged About 34 Years, R/o 245, Rajputo V Raiko Ki Dhaniya, Achina, Tehsil Kheenvsar, District Nagaour (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of School Education, Govt. Of Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. Joint Director, School Education, Jodhpur Division, Jodhpur.
4. District Education Officer, Secondary Education, Bhilwara.
5. Principal, Government Senior Secondary School Satyaya, Jaisalmer, District Jaisalmer.
----Respondents (3) S.B. Civil Writ Petition No. 9391/2020 Ankita Bai Gurjar D/o Gyan Singh Gurjar, Aged About 25 Years, Village Motipura, Post Mirzapur, Tehsil Gangapurcity District Sawai Madhopur (Rajasthan).
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----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary, Department Of School Education, Government Of Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner
3. Joint Director, School Education, Bharatpur Division, Bharatpur.
4. District Education Officer, H.q. Elementary Education Jhalawar
5. Principal, Govt. Sr. Secondary School Kasya Shahar Nadoti District Karauli
----Respondents (4) S.B. Civil Writ Petition No. 9897/2020 Karishma Choubisa D/o Shri Bagdi Lal Choubisa, Aged About 25 Years, R/o Village And Post Heenta, Tehsil Vallabhnagar, District Udaipur, Rajasthan, At Present Working At Govt. Upper Parimary School, Hanuman Mangri, Nadoli Kalan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of School Education, Govt. Of Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. Joint Director, School Education, Udaipur Division, Udaipur.
4. District Education Officer, Secondary Education, Udaipur.
5. Principal, Government Senior Secondary School Sinhad Block Vallabhnagar District Udaipur.
----Respondents (5) S.B. Civil Writ Petition No. 9923/2020
1. Priyanka Sharma D/o Shri Pawan Kumar, Aged About 27 Years, Resident Of Bodangarh, Tehsil Chidawa, Jhunjhanun Presently Posted As Govt. Upper Primary School Chainpuriya (Bhojras) Block Hurda, District Bhilwara.
2. Vishnu Prajapat S/o Shri Ramchandra, Aged About 24 Years, Resident Of Main Bus Stand, Atbada, Tehsil Sojat (Downloaded on 03/11/2020 at 08:44:36 PM) (3 of 9) [CW-9904/2020] District Pali Presently Posted As Govt. Upper Primary School Bera Hadki, P.e.e.o. Khokhra District Pali.
3. Ganki Devi D/o Shri Jairam, Aged About 26 Years, Resident Of Bera Hanuman Sagar, Jelwa, Bilara, Jodhpur Presently Posted As Govt. Girls Upper Primary School Roopnagar Tharasani, P.e.e.o. Mev, Sojat District Pali.
4. Pinky Chauhan D/o Shri Hanuman Singh Chauhan, Aged About 35 Years, Resident Of B-12, Civil Lines Merta City, Subhash Nagar, Nagaur Presently Posted As Govt. Upper Primary Schol Jaisinghpura Badla, Block Hurda, District Bhilwara.
5. Pani Gurjar D/o Shri Champa Lal Gurjar, Aged About 27 Years, Resident Of Village Kaniya Via Gulabpura Tehsil Hurda Bhilwara District Bhilwara Presently Posted As Govt. Upper Primary School Chotiyas/dadawat, Asind District Bhilwara.
6. Ansueya D/o Shri Hanuman Prasad, Aged About 25 Years, Resident Of Vpo Arniyala, Tehsil Riyan Bari, District Nagaur, Presently Posted As Govt. Upper Primary School Urja Ka Kheda Block Hurda District Bhilwara.
7. Ashok Kumar Yadav S/o Arjun Lal Yadav, Aged About 25 Years, Resident Of Vpo Paota, Behind Janana Hospital, Tehsil Paota, District Jaipur Presently Posted As Govt. Senior Secondary School Bhimarlai Ganv Balotra, District Barmer.
----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. Joint Director, School Education, Pali Region, Pali.
4. Joint Director, School Education, Ajmer Region, Ajmer.
5. Joint Director, School Education, Jodhpur Region, Jodhpur.
----Respondents (6) S.B. Civil Writ Petition No. 9943/2020 Divya Vyas D/o Suresh Chandra Vyas, Aged About 36 Years, Resident Of Rajpath Colony, Parbatsar, Dist. Nagaur.
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----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Elementary Education, Government Of Rajasthan, Bikaner.
3. The Director, Secondary Education, Government Of Rajasthan, Bikaner.
4. The District Education Officer, Elementary Education (H.q.), Bhilwara.
5. The Joint Director (School Education), Udaipur Reason Udaipur.
6. The Chief Block Education Officer, Suwana, Bhilwara.
----Respondents (7) S.B. Civil Writ Petition No. 10024/2020 Pooja Verma D/o Shri Seva Ram Verma, Aged About 33 Years, R/o Ajay Chowk Nagoriyo Ka Bass Jodhpur District Jodhpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of School Education, Govt. Of Rajasthan, Jaipur.
2. Director, Secondary Education, Bikaner.
3. Joint Director, School Education, Jodhpur Division, Jodhpur.
4. District Education Officer, Secondary Education, Nagaur.
5. Principal, Government Senior Secondary School, Bhilo Ki Dhani, Tinwari, Jodhpur, District Jodhpur.
----Respondents (8) S.B. Civil Writ Petition No. 10031/2020 Chaina Ram S/o Shri Nathu Ram, Aged About 26 Years, R/o Vpo Ghana Magara, Tehsil Bilara, District Jodhpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, (Downloaded on 03/11/2020 at 08:44:36 PM) (5 of 9) [CW-9904/2020] Department Of School Education, Govt. Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. Joint Director, School Education, Pali Division, Pali.
4. District Education Officer, Secondary Education, Jodhpur.
5. Principal, Government Senior Secondary School Rajola Kallan, Sojat, District Pali.
----Respondents (9) S.B. Civil Writ Petition No. 10033/2020 Reena Vyas D/o Krishan Chandra Joshi, Aged About 42 Years, 3 K 16, Chopasani Housing Board, Jodhpur, District Jodhpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of School Education, Govt. Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. Joint Director, School Education, Jodhpur Division, Jodhpur.
4. District Education Officer, Secondary Education, Jodhpur.
5. Principal, Government Senior Secondary School Daipada Khichiyan, Luni, Jodhpur, District Jodhpur.
----Respondents (10) S.B. Civil Writ Petition No. 10300/2020
1. Meenu Sharma D/o Shri Jagdish Sharma, Aged About 31 Years, R/o Behind Ashwini School, Gali No. 3, Ambedkar Colony, Ward No. 16 (24), Hanumangarh Town, District Hanumangarh, Rajasthan.
2. Jitendra Singh Rawat S/o Shakti Singh Rawat, Aged About 31 Years, R/o Village And Post Ganahera, Vaya Pushkar District Ajmer, Rajasthan.
3. Nisha Lamoria D/o Sube Singh, Aged About 27 Years, R/o 23, Radhey Watika, Radhey Mandir Ke Pass, Govindpura, Kalwar Road, Jaipur, Rajasthan.
4. Pooja D/o Susheel Kumar, Aged About 27 Years, R/o Vpo Surpaniya, Block Jayal, District Nagaur, Rajasthan.
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5. Girraj Meena D/o Kishori Lal Meena, Aged About 28 Years, R/o Village Chimanpura, Post Talawgaon, Tehsil Lalsot, District Dausa, Rajasthan.
6. Jitendra Dangi S/o Pemaji Dangi, Aged About 29 Years, R/o Vpo Thoor, Tehsil Badgaon, District Udaipur, Rajasthan. 47
----Petitioners Versus
1. State Of Rajasthan, Through Its Education Secretary, Govt. Secretariat, Rajasthan, Jaipur.
2. The Director, Primary Education, Rajasthan, Bikaner.
3. The Director, Secondary Education, Rajasthan, Bikaner.
4. The Joint Director, School Education, Bikaner Division, Bikaner.
5. The Joint Director, School Education, Jodhpur Division, Jodhpur.
6. The Joint Director, School Education, Udaipur Division, Udaipur.
7. The Deputy Director, School Education, Ajmer Division, Ajmer.
8. The Joint Director, School Education, Jaipur Division, Jaipur.
----Respondents For Petitioner(s) : Mr. Rameshwar Dave Mr. BS Sandhu Mr. Vikram Singh Bhaqwla Mr. Tanwar Singh Mr. Dinesh Kumar Ojha Mr. For Respondent(s) : Mr. Vishal Jangid JUSTICE DINESH MEHTA Judgment 03/11/2020
1. In the present writ petitions, the interim orders were passed by this Court while relying upon the statement of learned counsel (Downloaded on 03/11/2020 at 08:44:36 PM) (7 of 9) [CW-9904/2020] for the petitioner(s) that the controversy involved in the present writ petitions is identical to that of SBCWP No.9627/2020 wherein the Jaipur Bench of this Court has passed interim order, while issuing notices.
2. Today, Mr. Jangid, learned counsel appearing for the respondents at the outset submitted that the controversy involved in the said writ petition (SBCWP NO.9672/2020) has already been decided by the coordinate Bench at Jaipur vide order dated 29.9.2020 passed in SBCWP No.11723/2020 (Mukesh Kanwar & Ors. Vs. State of Rajasthan & Ors.) holding thus:-
"This Court finds that the petitioners had applied for the post of Teacher Grade-II under the advertisement which was issued on 9th April, 2018. Apparently, the petitioners had not joined on the post of Teacher Grade-III at that time and if they have chosen not to join on the lower post of Teacher Grade-III while the selection process for Teacher Grade-II was going on, a right cannot be said to have been created in their favour to continue as Teacher Grade-III and complete their probation period and then join on the post of Teacher Grade-II in order to save their probation period.
The Rajasthan Service Rules, 1951 specifically provide forgiving appointment on probation on a particular post as the probation period is for a particular post. Allowing the candidate to complete his probation on another post for joining is neither provided under the service rules nor there is any such provision under service jurisprudence. It is at the option of an individual person whether he or she would like to continue as Teacher Grade-III or would like to join as Teacher Grade-II.
This Court in writ of mandamus would not direct the respondents to increase the date of joining of candidates for the post of Teacher Grade-II which is a higher post more so as teachers are required at all levels for the purpose of teaching. No right is found to be created in favour of the petitioners to continue to work as Teacher Grade-III level II till completion of probation one cannot comprehend to allow probation to hold the post of teacher Grade- III and also get the post of Teacher Grade- II reserved for him for future.
Learned counsel submits that the period of service rendered on the post of Teacher Grade-III shall go waste. In the opinion of this Court, the said aspect can only be considered and examined after the petitioners on the higher post and complete their probation period on the said post.(Downloaded on 03/11/2020 at 08:44:36 PM)
(8 of 9) [CW-9904/2020] This aspect is not require to be examined at this stage. In view thereof, no case for interference is made out.
The writ petition is found to be devoid of merit and the same is accordingly dismissed. All pending applications are also stands disposed of."
3. Since the basic issue involved in the present writ petitions is akin to the issue involved in SBCWP No.11823/2020, which has been dismissed by this Court vide order dated 29.9.2020 and appeal (DBSAW No.687/2020) whereagainst has been dismissed as withdrawn, this Court is not inclined to keep the present petitions pending and posts remaining unfilled.
4. Learned counsel for the petitioner(s) submitted that the State itself has extended the period of joining (which was earlier fixed as 30.9.2020) upto 10.10.2020 and contended that since the petitioner(s) were having interim orders in their favour, they did not bonafidely join the duties pursuant to the appointments offered to them. They prayed that they are prepared to join forthwith, but the last date of joining has since passed.
5. True it is, that the petitioner(s') basic contention in the present writ petitions that they can claim extension awaiting completion of their probation period as Teacher Grade-III has been repelled by the coordinate Bench at Jaipur. This Court would not take a view different than the one already taken by the Jaipur Bench of this Court.
6. This Court however, finds some substance in petitioner (s') stance that they did not join by 10.10.2020 as they were bonafidely pursuing the present writ petitions.
7. In the opinion of this Court, petitioner(s) having lost on their basic premise, cannot be put to disadvantageous position and deprived of their rights flowing from the appointment order as (Downloaded on 03/11/2020 at 08:44:36 PM) (9 of 9) [CW-9904/2020] Teacher Grade-II. They can of course, not claim extension till their period of probation is complete.
8. In view of the present factual backdrop and considering that by virtue of interim orders passed by this Court, the posts in question have not been filled and further because no third party rights have been accrued in favour of any other candidate, this Court is inclined to grant indulgence as alternatively prayed by the petitioner(s).
9. The indulgence aforesaid is deemed appropriate as the petitioner (s) whose writ petitions were dismissed by Jaipur Bench on 29.9.2020 still had time to join by 10.10.2020, whereas the petitioner (s) will not be in a position to join if their petitions are disposed of in terms of Mukesh Kanwar's case.
10. Hence, while holding the basic issue against the petitioner s as held by the Coordinate Bench in the case of Mukesh Kanwar (supra), the present writ petitions are disposed of with a direction to the respondents that in case the petitioner (s) offer their joining by 9.11.2020, they shall accept the same and proceed in furtherance of the appointments offered to them.
11. In case the petitioner(s) fail to join by 09.11.2020, their appointment orders shall stand cancelled and the respondents shall be free to proceed in accordance with law.
12. The concerned/competent authority shall ensure that the petitioner is relieved on or before 06.11.2020.
13. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 162-CPGoyal/-
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