Rajasthan High Court - Jaipur
Daleep Singh Sahu And Ors vs State Of Raj And Ors on 23 October, 2013
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.18161/2013 (Daleep Singh Sahu & Ors. Vs. State of Rajasthan & Ors.) Date of Order : 23rd October, 2013 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Vigyan Shah, for the petitioner/s. BY THE COURT:
By this writ petition, a challenge is made to the order dated 11.09.2013. The order aforesaid is for posting of Female (Divorcee & Widow) apart from disabled persons.
Learned counsel submits that on selection and appointment to the post of Head Master, posting was given in Bhalgaon, Tehsil Chotan, Barmer. The challenge to the aforesaid posting has been made precisely on the ground that less meritorious candidates of different districts have been kept in their own district whereas petitioner belonging to Churu have been posted at Bhalgaon, Tehsil Chotan, Barmer. The respondents should have taken option for posting subject to their merit. A reference of order of this Court dated 04th November, 2011 in the case of Bharat Singh Vs. State of Rajasthan & Ors. apart from Gaurav Prakash Modi Vs. State of Rajasthan & Ors has been given.
It is stated that in similar circumstances, direction has been given for option regarding posting, keeping in mind their merit position, thus prayer is made for similar directions.
I have considered the submissions made by learned counsel and find that where person should be posted and how their service has to be utilized, lies in the domain of administration and interference of this Court is not proper unless discrimination is shown. In the judgments supra, what was pleaded was regarding discrimination, as merit of the candidates of the same district was ignored. The facts of these cases are not similar because other than the widow and divorcee apart from disabled persons, candidate of Sikar has been posted elsewhere. The comparison of merit of candidates of other districts cannot be made to show discrimination. It all depends as to how many posts are available in particular district so as the number of candidates selected from that district. If post are more than selected candidates in a district, they can be posted accordingly whereas in other district, candidates selected are more than the posts, obviously they would be posted in other district having shortfall. If the prayer of petitioner is accepted against the posting in Bhalgaon, Tehsil Chotan, Barmer no candidate may like to remain posted at Bhalgaon, Tehsil Chotan, Barmer or such similar district, effecting the education of students of that area.
So far as posting of Teacher Gr.II is concerned, the Government had framed a policy to call for the preference and to adjudge them subject to merit. The similar policy does not exist herein. The petitioner has already joined the post. It may be that he is having hardships but if convenience of the appointees is looked into, it would be at the cost of students depriving them to get Head Master in the district like Bhalgaon, Tehsil Chotan, Barmer etc. In the light of the aforesaid, I do not find that a case is made out for causing interference in the impugned order dated 11.09.2013. The options were to be sought only for widow and divorcee apart from disabled persons. The category aforesaid cannot be compared with others, thus it is not necessary for the respondents to call for the option for the posting from all the categories.
In view of the discussion made above, the writ petition is dismissed so as the stay application.
(M.N. BHANDARI), J.
Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.