Rajasthan High Court - Jodhpur
State Of Rajasthan & Ors vs Sunita Bhagora & Anr on 11 July, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) D.B. Spl. Appl. Writ No. 590 / 2017
1. The State of Rajasthan Through the Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. The Deputy Commissioner, Elementary Education, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
3. The Chief Executive Officer, Zila Parishad, Dungarpur.
4. The Block Development Officer, Panchayat Samiti, Bicchiwara,
Dist. Dungarpur.
----Appellants
Versus
1. Sunita Bhagora D/o Ramesh Chandra Bhagora, Aged About 30
Years, R/o Panchayat Samiti, Bichhiwara, Dist. Dungarpur.
2. Tara Baranda D/o Dev Ram roat, Aged About 24 Years, R/o
Panchayat Samiti Bichhiwara, Dist. Dungarpur.
----Respondents
(2) D.B.Civil Special Appeal No.624/2017
1. The State of Rajasthan through the Principal Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Dungarpur.
3. The Vikas Adhikari, Panchayat Samiti, Simalwara, Dist.
Dungapur.
----Appellants.
Versus
Menka Damor D/o Shri Amrit Lal Damor Aged 26 Years R/o Village
Dhechra Masoor Post Jharni, Tehsil Simalwara Dist.Dungapur
(Rajasthan).
----Respondent
(3) D.B.Civil Special Appeal No.622/2017
1. The State of Rajasthan through the Principal Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad, Dungarpur.
(2 of 6)
[SAW-590/2017]
3. The Vikas Adhikari, Panchayat Samiti, Aspur, Dist. Dungapur.
----Appellants.
Versus
1. Manisha Meena D/o Shri Ranchod Meena, Aged 25 Years R/o
Village & Post Goal, Tehsil Aspur Dist.Dungaerpur (Rajasthan).
2. Mamta Meena D/o Shri Kanti Lal Meena,Aged 27 Years, R/o
Village & Post Palthur, Tehsil Aspur Dist.Dungarpura (Rajasthan).
----Respondents
(4) D.B.Civil Special Appeal No.557/2017
1. The State of Rajasthan through the Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. Director, Elementary Education, Rajasthan, Bikaner.
3. The Chief Executive Officer, Zila Parishad, Dungarpur.
4. The Block Development Officer, Panchayat Samiti, Dowara,
Dist. Dungapur.
----Appellants.
Versus
Tara Rathore D/o Shri Devi Singh Rathore, Aged about 30 Years,
R/o 411 Subhash Nagar, Dist.Dungapur.
----Respondent
(5) D.B.Civil Special Appeal No.570/2017
1. The State of Rajasthan through the Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. The Deputy Commissioner, Elementary Education, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
3. The Chief Executive Officer, Zila Parishad, Dungarpur.
4. The Block Development Officer, Panchayat Samiti,
Simalwara, Dist. Dungapur.
----Appellants.
Versus
Kamini Roat D/o Shri Nathu Lal Roat, Aged 24 Years, R/o Village
Gudawara, Tehsil Simalwara, Dist.Dungapur.
----Respondent
(3 of 6)
[SAW-590/2017]
(6) D.B.Civil Special Appeal No.583/2017
1. The State of Rajasthan through the Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. The Director, Elementary Education, Bikaner.
3. The Chief Executive Officer, Zila Parishad, Dungarpur.
4. The Block Development Officer, Panchayat Samiti, Galiyakot,
Dist. Dungapur.
----Appellants.
Versus
Seema Manat D/o Shri Sukh Lal Manat, Aged 26 Years, R/o Village
Ambara, Tehsil Sagwara, Dist.Dungapur (Rajasthan).
----Respondent
(7) D.B.Civil Special Appeal No.621/2017
1. The State of Rajasthan through the Principal Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. The Deputy Commissioner, Elementary Education, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
3. The Chief Executive Officer, Zila Parishad, Dungarpur.
4. The Vikas Adhikari, Panchayat Samiti, Dowra, Dist.
Dungapur.
----Appellants.
Versus
1. Sharda Ahari D/o Shri Nanu Ram Ahari, Aged 27 Years, R/o
Panchayat Samiti Dowra, Dist.Dungapur (Rajasthan).
2. Vijay Laxmi Roat D/o Shri Dev Ram Roat, Aged 28 Years, R/o
Panchayat Samiti Dowra, Dist.Dungarpur (Rajasthan).
----Respondents
(8) D.B.Civil Special Appeal No.623/2017
1. The State of Rajasthan through the Principal Secretary, Rural
Development & Panchayati Raj Department, Government of
Rajasthan, Jaipur.
2. The Director, Elementary Education, Bikaner.
(4 of 6)
[SAW-590/2017]
3. The Chief Executive Officer, Zila Parishad, Dungarpur.
4. The Block Development Officer, Panchayat Samiti, Bicchiwara
Dist. Dungapur.
----Appellants.
Versus
1. Shilpa Manat D/o Shri Laxman Lal Manat, Aged 27 Years R/o
Village Lamba Bhatara, Post Chundawara, Tehsil Bichhiwara Dist
Dungarpur (Rajasthan).
2. Jashoda Khokhariya D/o Shri Phool Chand Khokhariya, Aged
35 Years, R/o Village Devpura, Post Bichhiwara, Tehsil Bichhiwara
Dist Dungarpur (Rajasthan).
3. Pramila Nanoma D/o Shri Kanti Lal Nanoma, Aged 28 Years,
R/o Village & Post Aamjara, Tehsil Bichhiwara Dist Dungarpur
(Rajasthan).
4. Aruna Kumar Faleja D/o Shri Karma Ji Faleja, Aged 28
Years, R/o Villagek Chandrawasa, Post Chhapi, Tehsil Bichhiwara
Dist Dungarpur (Rajasthan).
5. Indu Gameti D/o Shri Karu Lal Gameti, Aged 25 Years,
R/o Village & Post Talaiya, Tehsil Bichhiwara Dist Dungarpur
(Rajasthan).
----Respondents
_____________________________________________________
For Appellant(s) : Mr.P.R.Singh, Additional Advocate General
with Mr.Dinesh Ojha.
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAMCHANDRA SINGH JHALA
Order 11/07/2017
1. Similar issue was raised by the appellants in D.B.Special Appeal Writ No.566/2017 The State of Rajasthan & ors. V/s Asha Bamaniya & ors. The writ appeal was dismissed on 4th July, 2017. The order reads as under:-
"1. An advertisement was issued on 11th August, 2013 inviting applications from eligible candidates to be (5 of 6) [SAW-590/2017] appointed as Teacher Grade-III in various Zila Parishads including Zila Parishad, Doongarpur. The candidates, who had applied, were subjected to selection process and a merit list was prepared.
2. Letters offering appointment were issued. At that stage, certain persons aggrieved by the letters of appointment issued approached the Court raising a grievance that 686 women candidates were appointed in excess. The lead judgment delivered by learned Single Judge in S.B. Civil Writ Petition No.3414/2009 Naresh Kumar Sharma & Ors. Vs. State of Rajasthan & Anr. relying upon the decision of the Supreme Court reported as (2007) 8 SCC 785 Rajesh Kumar Daria Vs. Rajasthan Public Service Commission & Ors. held that notwithstanding excess number of women candidates being appointed, since the appointed candidates were not impleaded as respondents and with additional reason that they had worked for more than three years, fresh merit list be prepared and if posts were lying vacant, appointments be made. Existing appointments be not disturbed.
3. This principle of law has been followed by learned Single Judge in the impugned decision dated 30th March, 2017 which is a subject matter of challenge in the writ appeals one of which lays a challenge to the decision directly and other to subsequent decision which follows the law declared by learned Single Judge in the decision dated 30th March, 2017. Both appeals concern appointments in Zila Parishad, Doongarpur.
4. We find no merit in the appeal for the reasons the respondents, who were the writ-petitioners before the learned Single Judge were not impleaded as respondents when earlier writ petitions were filed. They were offered letters of appointment. They had worked for three years when letters offering appointments were withdrawn and the services were sought to be terminated.
5. The decision of the learned Single Judge noticed that under the interim orders, the writ-petitioners were allowed to continue to discharge duties as Teacher Grade III. The quashing of orders which were impugned by the respondents before the learned Single Judge is correct. It follows the law declared by the Supreme Court which was followed by a learned Single Judge of this Court in Naresh Kumar Sharma's case. We may also note that the challenge to the decision by the learned Single Judge in Naresh Kumar Sharma's case was unsuccessful. The decision was upheld by the Division Bench.
6. The writ appeals are dismissed. No costs."
2. 10 writ petitions were allowed by a common judgment dated 30th March, 2017. The above captioned writ appeals challenge the (6 of 6) [SAW-590/2017] same impugned order.
3. Incorporating the reasons given in the order dated 4th July, 2017 dismissing D.B.Special Appeal Writ No.566/2017, all appeals are dismissed in limine. No costs. (RAMCHANDRA SINGH JHALA)J. (PRADEEP NANDRAJOG)CJ. Parmar