Rajasthan High Court - Jodhpur
Afseen Ansari vs State Of Rajasthan (2023/Rjjd/011830) on 25 April, 2023
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2023/RJJD/011830]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18377/2022
Afseen Ansari D/o Shadat Ansari, Aged About 38 Years, R/o 48,
Nadi Mohalla, Near Badi Masjid, Pali City, Pali (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj
(Panchayati Raj), Government Of Rajasthan, Jaipur,
Rajasthan.
2. Additional Commissioner, Rural Development And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
3. Chief Executive Officer, Zila Parishad Pali, Rajasthan.
4. The District Education Officer, Elementary Education, Pali.
----Respondents
For Petitioner(s) : Mr. Om Prakash Kumawat
For Respondent(s) : Mr. Sunil Beniwal, AAG with
Mr. Piyush Bhandari
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 25/04/2023 Heard learned counsel for the parties. The present writ petition has been filed with the following prayer:-
"i) the action of the respondents while not issuing/ countersigning experience certificate to the petitioner for the post of LDC and depriving her to get bonus marks towards the total experience (more than 3 years) gained by the petitioner as being awarded to other aspirants serving on various posts under various schemes of State Government, may kindly be declared per se illegal, unjust, arbitrary, bad in the (Downloaded on 25/04/2023 at 11:27:43 PM) [2023/RJJD/011830] (2 of 3) [CW-18377/2022] eye of law and further violative to Articles 14, 16 and 21 of the Constitution of India; and/or
ii) the respondent District Education Officer, Pali may kindly be directed to issue the requisite experience certificate in favour of the petitioner and the Chief Executive Officer, Zila Parishad Pali may kindly be directed to countersign the experience certificate of petitioner towards the experience gained by the petitioner on the post of LDC under Sarva Shiksha Abhiyan; and/or
iii) the respondents may kindly be directed to provide bonus marks to the petitioner towards the total experience (more than 3 years) gained by the petitioner for recruitment on the post of LDC, and offer appointment to the petitioner on the post of Lower Division Clerk (LDC), if the petitioner comes, with all consequential benefits".
Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by a judgment of this Court rendered in S.B. Civil Writ Petition No.19181/2022 decided on 18/04/2023 in the following terms:-
"The only controversy in the present case is the non-consideration of the experience certificate of the petitioner dated 13.04.2011 issued by Vikas Adhikari, Panchayat Samiti, Sagwara on account of the fact that the same was not countersigned by the Chief Executive Officer, Zila Parishad, Dungarpur. The purpose of getting the experience certificate countersigned is to check the veracity and correctness of the same. The certificate issued in the present case is not countersigned, therefore, the respondents are directed to get the veracity of the certificate (Annex.6) dated 13.04.2011 issued by the Vikas (Downloaded on 25/04/2023 at 11:27:43 PM) [2023/RJJD/011830] (3 of 3) [CW-18377/2022] Adhikari, Panchayat Samiti, Sagwara verified from the competent authorities of the Zila Parishad and if the same is verified and its correctness is not doubted, the respondents shall consider the same for award of bonus marks to the petitioner. After awarding the bonus marks, if the petitioner falls in merit, then the respondents shall consider his candidature for grant of appointment on the post of L.D.C. in pursuance of the Advertisement issued on 14.02.2013, needless to say, if the petitioner is otherwise eligible for appointment on the post of L.D.C. The entire exercise shall be completed by the respondents within a period of six weeks from the date of receipt of the certified copy of this order".
For the self same reason, the present writ petition is disposed of with a direction to the respondents to get the Annexure-4 dated 18/04/2013 verified from the appropriate authority and if the factual details mentioned in Annexure-4 are found to be correct, the same shall be countersigned by the respondent No.3 - Chief Executive Officer, Zila Parishad Pali, Rajasthan and respondent No.4 - The District Education Officer, Elementary Education, Pali. After the document Annexure-4 is countersigned, the respondent shall consider the same for appointment on the post of LDCs in accordance with law, if vacancies are still available.
The stay application and other pending applications, if any also stand disposed of.
(VINIT KUMAR MATHUR),J 23-SanjayS/-
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