Rajasthan High Court - Jodhpur
Smt. Manglesh Rajawat vs State Of Rajasthan & Ors on 18 June, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8292 / 2018
Smt. Manglesh Rajawat, D/o Shri Rajendra Singh (W/o Shri
Tejendra Singh Jadon), Aged About 38 Years, By Caste Rajpoot,
Resident of House No. 26, Dewali Arab Road, Borkhera Circle,
Pratap Nagar, Kota, At Present Serving on the Post of Teacher
Grade III, Government Primary School Deva Talab- Mal Ki Toos,
Panchayat Samiti Bheendar, Tehsil Vallabhnagar, District Udaipur
(Rajasthan).
----Petitioner
Versus
1. The State of Rajasthan, Through the Deputy Secretary,
Elementary Education Department, Government of Rajasthan,
Jaipur.
2. The Director, Elementary Education, Rajasthan, Bikaner.
3. The District Education Officer, Elementary Education, Madhuban
Colony, Udaipur.
4. The Panchayat Elementary Education Officer, Government
Higher Secondary School, Mal Ki Toos, Tehsil Vallabhnagar, District
Udaipur.
5. The District Education Officer, Elementary Education, Kota
(Rajasthan).
----Respondents
_____________________________________________________
For Petitioner(s) :Petitioner present in person
For Respondent(s) :
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI,
VACATION JUDGE Order 18/06/2018
1. The lawyers are not appearing due to abstention from judicial work.
2. This writ petition has been preferred with the following prayers:
(2 of 3) [CW-8292/2018] "1.The condition Nos. 10 and 16 so imposed in the impugned order dated 31.05.2018 (Annexure P/10) may kindly be quashed and set aside qua the humble petitioner.
2. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
3. The petitioner present in person states that she gave birth to a male child on 29.03.2005, who was not well since his birth, thus, was admitted in hospital and advised to get NCCT brain of the child on 12.07.2005 later on it was diagnosed that he had obstructive hydrocephalus secondary to Aqueductal stenosis (Aqueductal stenosis is a narrowing of the aqueduct of salvias which blocks the flow of cerebrospinal fluid (CSF) in the ventricular system. Blockage of the aqueduct can lead to hydrocephalus, specifically as a common cause of congenital and / or obstructive hydrocephalus). It is also contended by the petitioner that on the basis of report, the doctors advised her and her husband to immediately get their son operated / surgery and his operation / surgery was done on 13.07.2005 where Ventriculo Peritoneal (VP) shunt was done in ML Baheti Hospital & Research Centre Kota. The child was discharged from the hospital on 20.07.2005. It is contended that child has been under treatment and the same is being given by the doctors at Kota as and when he felt problem.
4. The petitioner present in person also states that due to Cerebral Palsy with Spastic Quadriperisis disease, the child (3 of 3) [CW-8292/2018] mentally retarded, thus, in such circumstances, a Medical Board was constituted which gave its report dated 19.06.2008 and as per the report, the child has 80% Paralysis disability, thus, it is also contended that illness of the child will remain life time and an attendant is required to look after him regularly.
5. In light of the aforesaid medical condition of petitioner's child, the writ petition is disposed of with a direction to the respondents to take immediate decision afresh regarding transfer of petitioner within a period of 30 days from today. Appropriate decision shall be taken by passing a speaking order taking into account the aforementioned illness. The petitioner shall be at liberty to approach this Court, in case need arises. However, in the meanwhile, effect and operation of the order dated 31.05.2018 shall remain stayed until the decision is taken by the respondents.
(DR. PUSHPENDRA SINGH BHATI), V.J. sudheer