Rajasthan High Court - Jodhpur
Balbeer Singh Meena & Ors vs State Of Rajasthan & Ors on 17 April, 2018
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5451 / 2018
1. Balbeer Singh Meena S/o Shri Harikesh Meena, Aged About 29
Years, R/o- Village-Mohacha Ka Pura, Post- Mohacha, Tehsil-
Wazirpur, Dist- Sawai Madhopur Rajasthan, Presently Posted At
Government Upper Primary School Bhutkheda Panchyayat Samiti-
Dungla Dist.- Chittorgarh Rajasthan.
2. Manisha Sen D/o Chhotu Lal Sen, Aged About 29 Years, R/o-
Subhas Nagar, Vijaynagar Ajmer, Presently Posted At Government
Upper Primary School Khara Panchayayat Samiti- Bengu Dist.-
Chittorgarh, Rajasthan.
3. Kailash Chand Suthar S/o Bhagwati Lal, Aged About 28 Years,
R/o Choudhriyon Ka Mohalla Bandore Bhilwada Rajasthan,
Presently Posted At Government Primary School Dhavai Ji Ka
Kheda, Panchyayat Samiti- Bengu Dist.- Chittorgarh Rajasthan.
4. Santosh Kumawat W/o Mukesh, Aged About 29 Years, R/o-
Ward No. 6 DantaRamgarh Sikar Rajasthan, Presently Posted At
Government Primary School Galaiyo Ki Jhopadiya, Panchyayat
Samiti- Bengu Dist. Chittorgarh Rajasthan.
5. Kushiram Jogi S/o Kalyan Parsad Jogi, Aged About 35 Years,
R/o- Village/Post- Mahmadpur Tehsil- Sapotra Dist- Karoli
Rajasthan. Presently Posted At Government Upper Primary School
Pratap Pura, Panchyayat Samiti- Bengu Dist.- Chittorgarh,
Rajasthan.
6. Reshma Meena D/o Prahlad Narayan Meena, Aged About 27
Years, R/o- Jagatpura Jaipur Rajasthan, Presently Posted At
Government Primary School Gadariyawas Morvan, Panchayat
Samiti- Dungla Dist. Chittorgarh Rajasthan.
7. Guddi Kumara Morya D/o Moti Lal Moray, Aged About 29 Years,
R/o- Roopnagar P.n. - 48, Manoharpura Jagatpura Jaipur
Rajasthan. Presently Posted At Government Primary School
Hempur, Panchyayat Samiti- Bengu, Dist- Chittorgarh, Rajasthan.
8. Ramkaran Yadav S/o Phool Chand Yadav, Aged About 32 Years,
R/o- Village-Khatkar, Tehsilneem Ka Thana District- Sikar.
Presently Posted At Government Upper Primary School Akola
Khurd, Panchyayat Samiti- Bhadesar Dist- Chittorgarh, Rajasthan.
9. Akhlesh Solanki S/o Pralad Singh, Aged About 30 Years, R/o-
Village-Puvaiykheda Tehsil- Bayana District- Bhartpur Rajasthan.
Presently Posted At Government Primary School Bhemli,
Panchyayat Samiti- Nimbheda Dist.- Chittorgarh, Rajasthan.
(2 of 6)
[CW-5451/2018]
10. Gyan Chand Gurjar S/o Jagnnath Gurjar, Aged About 30 Years,
R/o- Village-Gumanpura Tehsil- Bassi Dist- Jaipur Rajasthan.
Presently Posted At Government Girls Upper Primary School
Revliya Khurd, Panchyayat Samiti- Bhadesar Dist.- Chittorgarh,
Rajasthan.
11. Narendr Kumar S/o Sultan, Aged About 30 Years, R/o- Village-
Khejro Ki Dhani Kokoda DistJhunjhunu Rajasthan. Presently
Posted At Government Girls Upper Primary School Akola Khurd,
Panchyayat Samiti- Bhadesar Dist- Chittorgarh, Rajasthan.
12. Santosh Kumar Verma S/o Ramji Lal Raigar, Aged About 31
Years, R/o- Near Railway Station Behind Golcha Garden Meera
Colony Dausa. Government Girls Upper Primary School Sarlai,
Panchyayat Samiti- Nimbhera Dist.- Chittorgarh, Rajasthan.
13. Shakil Syed Tipkatia S/o Gulab Tipkatia, Aged About 31 Years,
R/o- Mammu Colony Bharatpur Road Mahwa Dist.- Dausa.
Rajasthan Government Upper Primary School Borakheri,
Panchyayat Samiti- Nimbhera, Dist- Chittorgarh Rajasthan.
14. Pooja Vaishnav W/o Deepak Vaishnav, Aged About 33 Years,
R/o-131 B Sec-2 Gandhi Nagar Chittorgarh Rajasthan Presently
Posted At Government Primary School Chenakhera, Panchyayat
Samiti- Bhadesar Dist- Chittorgarh Rajasthan.
15. Bindiya Gunjetia D/o Bhagwan Lal Gunjetia, Aged About 38
Years, R/o- Sherwani House Omparinayi Sadar Bajar Chittorgarh
Rajasthan Presently Posted At Government Primary School
Vlimangri, Panchyayat Samiti- Dungla Dist.- Chittorgarh,
Rajasthan.
16. Ramchander S/o Omprakash, Aged About 32 Years, R/o-
Village-Lalewala(59-LNP) Ridmalsar. Teshil- Padampur Dist-
Shriganganagar Rajasthan, Presently Posted At Government Upper
Primary School Falasiya, Panchyayat Samiti- Bhadesar, Dist.-
Chittorgarh, Rajasthan.
17. Mahaveer Prasad Meena S/o Jgannath Meena, Aged About 29
Years, R/o- Village- Roopnagar Post- Balriya Tehsil- Chouth Ka
Barwada Dist- Sawai Madhopur Rajasthan. Presently Posted At
Government Primary School Javadiya Juna, Panchyayat Samiti-
Bengu Dist.- Chittorgarh, Rajasthan.
18. Rajendra Singh Shaktawat S/o Shri Chaman Singh Shaktawat,
R/o Village Khodiyon Ka Khera, Post Mahuda, Via Bansi, Tehsil
Badisadri, District Chittorgarh. Presently Posted At Government
Upper Primary School Rooppura. Chittorgarh Raj.
19. Mohan Singh Rawat S/o Shri Devi Singh Rawat, R/o Village
(3 of 6)
[CW-5451/2018]
Khurd, Post Parsoli, Tehsil Barisadri, District Chittorgarh, Presently
Posted At Government Upper Primary School Lal Pura Panchayati
Samiti Badi Sadri, District Chittorgarh.
20. Chain Ram Meena S/o Shri Gopal Lal Meena, R/o Village
Miskinpura, Post Kodiye, Tehsil Boli, District Swaimadhopur.
Presently Posted At Government Primary School Dhalawad, Tehsil
Badi Sadri, District Chittorgarh.
21. Gunwant Singh Bhati S/o Shri Unkar Singh, R/o Village & Post
Lunda, Via Kanor, District Udaipur, Presently Posted At
Government Upper Primary School Pala Khedi Panchayati Samiti
Badi Sadri, District Chittorgarh.
22. Vikram Singh Meena S/o Shri Heera Singh, R/o Village
Bhukarawali Tehsil Hindon City, District Karoli, At Present
Government Primary School, Madhupura, Panchayati Samiti- Badi
Sadri, District Chittorgarh.
23. Sushila Meena D/o Rameshwar Dayal Meena, R/o Village
Sddaya Ka Nangla, Tehsil Kthumer District Alwar. At Present
Government Primary School, Jhalmana Colony Panchayati Samiti
Badi Sadri, District Chittorgarh.
----Petitioners
Versus
1. State of Rajasthan Through the Secretary, Department of
Education, Government of Rajasthan, Jaipur, Rajasthan.
2. The Secretary, Rural Development and Panchayati Raj
Department, Government of Rajasthan, Jaipur.
3. Director, Elementary Education, Bikaner.
4. The District Education Officer (Elementary Education),
Chittorgarh.
5. The Chief Executive Officer, Zila Parishad, Chittorgarh.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Tanwar Singh Rathore.
For Respondent(s) :
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 17/04/2018 It is submitted by learned counsel for the petitioners that for (4 of 6) [CW-5451/2018] the same recruitment, similarly situated petitioners had approached Jaipur Bench of this Court in Om Prakash & Ors. v.
State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017, which writ petition has been decided on 21.11.2017 granting relief to the petitioners in light of judgment in the case of Hemlata Shrimali & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.3247/2015, decided on 1.4.2015 and relying upon the adjudication in the case of Suman Bai & Anr. v. State of Rajasthan & Ors. : 2009 (1) WLC (Raj.) 381 and, therefore, the present writ petition may also be decided in light of judgment in the case of Om Prakash (supra).
In the case of Om Prakash (supra), the Bench at Jaipur after noticing orders in the case of Hemlata Shrimali (supra) and Suman Bai (supra) observed as under:-
"Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015: Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:
"5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification application of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in (5 of 6) [CW-5451/2018] the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared 6 lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.
6. I am not inclined to accept the argument of the learned counsel for the respondents No.4 to 8 that the judgment of the learned Single Judge should be so read so as to infer therefrom that though the petitioners would be entitled to claim appointment but not seniority above the candidates who are already appointed even though they admittedly are above them in the merit list. Infact, the judgment of the learned Single Judge merely reiterated the direction of the Division Bench in Hari Ram (supra) in favour of the petitioners. But construction of that judgment in the manner in which the respondents want this Court to do, would negat the mandate of the Rules 20 and 21 of the Rajasthan Education Subordinate Service Rules, 1971, which requires seniority to be assigned as per the inter-se merit of 7 the candidates in the merit list based on common selection. Even otherwise, no such intention of the Court is discernible from reading of that judgment. Mere appointment of the petitioner was a sufficient compliance of the judgment and not total compliance (6 of 6) [CW-5451/2018] was the view taken by this Court also when contempt petition filed by the petitioners was dismissed. Question with regard to correct and wrong assignment of seniority having arisen subsequent to appointment of the petitioners would obviously give rise to a afresh cause of action. The writ petition filed by the petitioners, therefore, cannot be thrown either barred by resjudicata or otherwise improperly constituted.
7. In the result, this writ petition is allowed and the respondents are directed to treat the petitioners senior to respondents No.4 to 8 as per their placement in the merit list."
Learned counsel for the petitioners further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above.
Ordered accordingly."
In view of the submissions made, the present writ petition filed by the petitioners is also disposed of in light of order passed in the case of Om Prakash (supra).
(ARUN BHANSALI)J. Rm/186