Rajasthan High Court - Jodhpur
Manish Damore vs State Of Rajasthan on 2 April, 2019
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 4725/2019
1. Manish Damore S/o Nathulal Damore, Aged About 30
Years, R/o Kuwaliya, Tehsil Garhi District Banswara.
2. Neeta Kumari Patel D/o Heeralal Patel,, Aged About 29
Years, R/o Tori Chhoti Tehsil Garhi District Banswara.
3. Shankar Kumar S/o Khaturam, Aged About 30 Years, R/o
Gharnawat Tehsil Garhi District Banswara.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Secondary Education, Government Of Rajasthan, Jaipur.
2. Director, Elementary Education, Bikaner, Rajasthan.
3. Chief Executive Officer, Zila Parishad, Banswara.
----Respondents
For Petitioner(s) : Mr. Moti Singh.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 02/04/2019 This writ petition has been filed by the petitioners essentially seeking similar directions as given in the case of Kamlesh Kalasua & Ors. v. State of Raj. & Ors.: SBCW No.13016/2018, decided on 25.03.2019.
This Court while deciding the case of Kamlesh Kalasua (supra) directed as under:-
"Consequently, the writ petitions filed by the petitioners are allowed. The respondents are directed to redraw the merit list pursuant to the advertisement dated 12.04.2018 for Teacher Gr.III (Level-I) for TSP area based on the principles laid down herein-before.(Downloaded on 27/06/2019 at 10:15:45 PM)
(2 of 2) [CW-4725/2019] It is made clear that except for the marks obtained by the ST candidates of Scheduled Areas in the REET/RTET, the restrictions on migration as applicable, would apply. On redrawing the merit list and on migrating the eligible candidates presently selected against the TSP (ST) category to TSP (General) category, the vacancies which occur in TSP(ST) category be filled up by the eligible candidates. Those candidates, who are now selected pursuant to the above exercise, would be entitled to all notional benefits based on the appointment accorded to the candidates, whose names appeared in the select list dated 01.06.2018. However, the candidates would be entitled to monitory benefits from the date they are accorded appointment by the respondents.
The entire exercise be undertaken and concluded by the respondents within a period of two months from the date of this order."
A perusal of the above direction would indicate that the direction is neither petitioner specific nor subject specific and, therefore, apparently there is no cause for the petitioners, who have approached this Court seeking similar relief as granted in the case of Kamlesh Kalasua (supra).
In view thereof, no directions are required to be issued in the present writ petition as the entire subject matter stands governed by the above order.
The petition stands disposed of accordingly.
(ARUN BHANSALI),J 65-PKS/-
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