Rajasthan High Court - Jaipur
Anita Kumari Meena vs State (Education Department)Ors on 6 March, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN
BENCH AT JAIPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.3224/2012.
Anita Kumari Meena
Vs.
State of Rajasthan & Ors.
Date of Order:- March 6, 2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Gajendra Sharma for the petitioner.
******
BY THE COURT:-
By this writ petition, grievance has been raised by the petitioner regarding her posting ignoring merit position. It is stated that no policy has been framed by the respondents regarding posting of Teacher Grade-II, thus complaints have been made in that regard. The matter is under active consideration of the respondents. This writ petition is, however, filed looking to the delay in taking decision as petitioner is under compulsion to join the post forthwith. In few districts, only female candidates have been given appointment leaving the meritorious candidates and at the same time, in other districts, less meritorious candidates have been given appointment leaving meritorious candidates. The petitioner is those who has obtained higher merit position but given posting at remote place. The respondents should have taken options regarding posting of the Teachers and keeping in mind their merit position, posting orders should have been issued, however, no such method has been adopted by them.
I have considered the submissions made and perused the record carefully.
Since it is a matter of posting, a policy decision on the aforesaid has to be taken by the respondents only. Looking to the aforesaid, the petitioner is directed to make a detailed representation to the respondents within a period of seven days from the date of receipt of certified coy of this order. The respondents are then expected to look into the matter and see that postings of all the candidates are given without voice of arbitrariness and a policy decision be taken to avoid such an event. They are expected to take decision at the earliest. The petitioner may, however, join the post at the place where she is posted. It will, however, not effect her representation, rather respondents are expected to consider the representation and take a policy decision so that no discrimination remains in their action. The exercise aforesaid may be undertaken within a period of fifteen days from the date of receipt of the representation and a policy decision taken thereupon be informed to the petitioner with a copy to this court to see its fairness. With the aforesaid, the writ petition is disposed of.
(MOHAMMAD RAFIQ), J.
Anil/234 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B.CIVIL MISC.STAY APPLICATION NO.2669/2012.
IN S.B. CIVIL WRIT PETITION NO.3224/2012.
Anita Kumari Meena Vs. State of Rajasthan & Ors.
Date of Order:- March 6, 2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Gajendra Sharma for the applicant-petitioner.
******
BY THE COURT:-
Consequent upon disposal of the writ petition, this stay application does not survive and the same is accordingly rejected.
(MOHAMMAD RAFIQ), J.
Anil/234 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW