Rajasthan High Court - Jodhpur
Aravind vs The State Of Rajasthan on 26 November, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
(1 of 6) [CW-10485/2020] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 10485/2020 Suresh Chand Meena S/o Shri Habaroo Ram Meena, Aged About 26 Years, Resident Of Village Udai Khurd, Tehsil Gangapur City, District Sawaimadhopur, Presently Posted As Junior Assistant At Govt. Senior Secondary School, Derasar, Block Ramsar, District Barmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
3. Director, Secondary Education, Rajasthan, Bikaner.
4. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary.
----Respondents Connected With (2) S.B. Civil Writ Petition No. 10489/2020 Aravind S/o Shri Ram Kumar, Aged About 27 Years, Resident Of Ward No. 14, Near Shani Mandir, Nethrana, Tehsil Bhadra, District Hanumangarh (Rajasthan).
----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
3. Director, Secondary Education, Rajasthan, Bikaner.
4. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary.
----Respondents (3) S.B. Civil Writ Petition No. 10498/2020 Lalit Kumar Meena S/o Mohan Lal Meena, Aged About 23 Years, Village Kherli Chandrawat, Post Nangal Khan Jadi, Tehsil Laxmangarh, District Alwar, Presently Posted As Junior Assistant At Govt. Senior Secondary School, Hathama, Block Ramsar, District Barmer (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
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2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
3. Director, Secondary Education, Rajasthan, Bikaner.
4. Rajasthan Subordinate And Ministerial Seravice Selection Board Jaipur, Through Its Secretary.
----Respondents (4) S.B. Civil Writ Petition No. 10499/2020 Rita Jangid D/o Shri Bankat Lal Jangid, Aged About 28 Years, R/o 118, Dikhandai Khatoud, Sablpur, Makrana, District Nagaur, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Department Of Secondary Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. Director, Directorate Of Secondary Education, Rajasthan Bikaner.
----Respondents (5) S.B. Civil Writ Petition No. 10517/2020 Rakesh Kumar S/o Rameshwar Lal, Aged About 26 Years, Village 39 Lnp, Post Beenjhbayala, Tehsil Padampur, District Sri Ganganagar (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
3. Director, Secondary Education, Rajasthan, Bikaner.
4. Rajasthan Subordinate And Ministerial Service Selection Board Jaipur, Through The Secretary.
----Respondents (6) S.B. Civil Writ Petition No. 10660/2020 Arjun Kumar S/o Shri Vidyadhar Singh, Aged About 26 Years, Resident Of Village Meelon Ka Bass, Barwasi, Tehsil Navalgarh, District Jhunjhunu. Presently Posted As Junior Assistant At Govt. Senior Secondary School, Undu, Block Shiv, District Jodhpur. (Rajasthan).
----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
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3. Director, Secondary Education, Rajasthan, Bikaner.
4. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary.
----Respondents (7) S.B. Civil Writ Petition No. 10903/2020 Ravinder Kumar S/o Shri Gangveer, Aged About 24 Years, R/o Ward No 13, Vpo Makkasar , Tehsil And Distt. Hanumangarh (Raj.)
----Petitioner Versus
1. The State Of Rajasthan, Through Secretary , Department Of Administrative Reforms (Group-3) , Government Of Rajasthan , Secretariat , Rajasthan , Jaipur
2. Principal Secretary, Administrative Reforms Department , Rajasthan , Jaipur
3. Director, Secondary Education , Rajasthan , Bikaner
4. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur Through Its Secretary
----Respondents (8) S.B. Civil Writ Petition No. 10914/2020 Ravi Kumar Bishnoi S/o Shri Krishan Lal, Aged About 27 Years, Resident Of Village 10 Gb, Post 12 Gb, Tehsil Sri Vijaynagar, District Sri Ganganagar (Rajasthan).
----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
3. Director, Secondary Education, Rajasthan, Bikaner.
4. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur Through Its Secretary.
----Respondents (9) S.B. Civil Writ Petition No. 10917/2020 Dharmender Bhadra S/o Shri Sayopat Ram, Aged About 26 Years, Resident Of Gali No. 8, Ward No. 13, Makkasar, Tehsil And District Hanumangarh (Rajasthan).
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
3. Director, Secondary Education, Rajasthan, Bikaner.
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4. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur, Through Its Secretary.
----Respondents (10) S.B. Civil Writ Petition No. 10931/2020 Pankaj Kumar S/o Shri Sunda Ram Saini, Aged About 26 Years, Resident Of Village Kalwania Johra, Barwasi, Tehsil Navalgarh, District Jhunjhunu. Presently Posted As Junior Assistant At Govt. Senior Secondary School, Paleena, Block Lohawat, District Jodhpur. (Rajasthan).
----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Department Of Administrative Reforms (Group-3), Government Of Rajasthan, Secretariat, Rajasthan, Jaipur.
2. Principal Secretary, Administrative Reforms Department, Rajasthan, Jaipur.
3. Director, Secondary Education, Rajasthan, Bikaner.
4. Rajasthan Subordinate And Ministerial Service Selection Board, Jaipur Through Its Secretary.
----Respondents For Petitioner(s) : Mr. Inderjeet Yadav Mr. Nikhil Jain } both through Cisco Webex App For Respondent(s) : Mr. Kailash Jangid for Mr. Hemant Choudhary JUSTICE DINESH MEHTA Order 26/11/2020
1. A common grievance has been raised by the petitioners in the present writ petitions citing that the respondents have flouted the guidelines of the State issued on 18.05.2020 and guidelines dated 29.05.2020 issued by the respondent-Department itself, while allotting districts to the selected candidates.
2. Learned counsel pointed out that many of the candidates having secured lower merit position, have been posted in Hanumangarh district; whereas the petitioners who wanted their posting in Hanumangarh have been deprived.
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3. A detailed reply to the writ petition has been filed by the respondents, inter alia justifying the posting made by them.
4. It is asserted by the respondents that the postings have been done strictly in accordance with circular dated 29.05.2020, issued by the Education Department, State of Rajasthan.
5. Learned counsel for the petitioners tried to satisfy the Court that the respondents have deviated from the policy aforesaid and various cases have been flagged.
6. Without going into each of the petitioners' case, the present writ petitions are disposed of with a direction to the petitioners to file a representation(s), pointing out categorically as to which of the candidates, though having secured lower merit position than them, have been given appointment in the district(s) where the petitioners wanted their posting.
7. The petitioners may additionally highlight their grievances or reasons for which they are seeking posting in a particular district.
8. The representation(s) aforesaid shall be addressed to Director, Secondary Education, who shall decide the same by passing a speaking order while giving reasons/justifications in relation to the persons having lower merit position, who have been given posting in the district(s), claimed by the petitioners.
9. The Director shall decide petitioners' representation in light of above observation preferably within 8 weeks of receiving the representation(s).
10. Needless to observe if any of the petitioners' grievance still remains, they will be free to take appropriate legal remedies including laying challenge to the order of the Director, Secondary Education to be passed in furtherance of the order instant.
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11. The petitioners may also point out any vacant posts, if available in the districts in which they seek posting. In case posting in such place is permissible/feasible and is not contrary to the guidelines set by the respondents/State, the same shall also be accorded.
11. Stay application(s) also stand disposed of.
(DINESH MEHTA),J 14-23-Amar/-
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