Rajasthan High Court - Jodhpur
Bajrang Lal Kumawat vs State Of Rajasthan on 14 January, 2022
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5509/2020
1. Bajrang Lal Kumawat S/o Shri Kana Ramji, Aged About 38
Years, Resident Of Village Shyami Ki Dahni, Bardotee, Via
Sambhar Lake, District Jaipur, At Present Posted At Govt.
Upper Primary School, Sartur, Panchayat Samiti Desuri,
Dist Pali.
2. Smt Sunita Kumari D/o Shri Laxaman Singh, Aged About
34 Years, R/o B-115, Basant Vihar, Jhunjhunu, At Present
Posted At Govt. Upper Primary School No. 2 Ghanerao,
Panchayat Samiti Desuri, Dist Pali.
3. Ram Niwas S/o Shri Khinya Ram, Aged About 46 Years,
R/o Behind Ramganj Police Station, Saket Nagar, Govind
Nagar, Ajmer, At Present Posted At Govt. Upper Primary
School Chainpura, Panchayat Samiti Jaitaran, Dist Pali.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Education, Government Of Rajasthan,
Jaipur, Rajasthan.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. The Joint Director, School Education, Pali Division, Pali.
4. The District Education Officer (Head Quarter), Primary
Education, Pali.
5. Laxman Lal S/o Shri Mangi Lal, Presently Posted As
Teacher Grade Iii, Govt Upper Primary School Rajpura,
Dist. Pali.
6. Mancha Ram S/o Shri Lacha Ram, Lohar, At Present
Teacher Grade - Iii, Govt. Secondary School, Dayalpura,
Panchayat Samiti Ahore, Dist. Jalore.
7. Gulab Ram S/o Shri Ganga Ram, Presently Teacher
Grade-Iii, Govt Upper Primary School, Gayas, Panchayat
Samiti Jaitaran, Dist. Pali.
8. Ram Singh Yadav S/o Shri Banshidhar ,, Presently
Teacher Grade-Iii, Govt. Upper Primary School
Sambhariya, Panchayat Samiti Desuri, Dist. Pali.
9. Chena Ram S/o Shri Ramu Ram, Presently Teacher
Grade-Iii, Navakheda, Dist. Sirohi.
(Downloaded on 17/01/2022 at 08:43:37 PM)
(2 of 7) [CW-5509/2020]
----Respondents
Connected With
S.B. Civil Writ Petition No. 5511/2020
1. Mahendra Singh S/o Shri Mal Singh, Aged About 33
Years, R/o At Present Posted At Gups Modara Station,
Block Janswantpura, District Jalore.
2. Gurucharan Sharma S/o Shri Rajendra Kumar Sharma,
Aged About 31 Years, R/o At Present Posted At Gups
Devda Ka Goliya, Block Bhinmal, District Jalore.
3. Pradhuman Singh Chouhan S/o Shri Gordhan Singh, Aged
About 34 Years, R/o At Present Posted At Gups Modra
Station, Block Jaswantpura, District Jalore.
4. Vijay Singh S/o Shri Sav Singh, Aged About 31 Years, R/o
At Present Posted At Gups Rebario Ki Dhani, Bhinmal,
Block Bhinmal, District Jalore.
5. Ashok Kumar S/o Shri Ram Das, Aged About 38 Years,
R/o At Present Posted At Gups Betarana, Block
Jaswantpura, District Jalore.
6. Narendrapal Singh S/o Shri Mangal Singh, Aged About 36
Years, R/o At Present Posted At Gups Golana, Block
Janswantpura, District Jalore.
7. Chandrapal Singh Chouhan S/o Shri Niranjan Singh
Chouhan, Aged About 35 Years, R/o Nps Sr. Sec. School,
Hariyali, Block Aahore, District Jalore.
8. Babu Lal S/o Chaina Ram, Aged About 38 Years, R/o At
Present Posted At Govt. Sr. Sec. School Kawtra, Block
Bhinmal, District Jalore.
9. Pankaj Kumar S/o Shri Dalpat Kumar, Aged About 31
Years, R/o At Present Posted At Gups Railway Station,
Bhinmal, Block Bhinmal, District Jalore.
----Petitioners
Versus
1. The State Of Rajasthan, Through Secretary, Department
Of Secondary Education, Secretariat, Rajasthan, Jaipur.
2. The Director, Secondary Education, Govt. Of Rajasthan,
Bikaner.
3. The Joint Director, School Education, Pali Zone, District
Pali.
4. The District Education Officer (Hq), Elementary Education,
(Downloaded on 17/01/2022 at 08:43:37 PM)
(3 of 7) [CW-5509/2020]
Jalore, District Jalore.
5. The District Education Officer (Hq), Elementary Education,
Pali, District Pali.
6. The District Education Officer (Hq), Elementary Education,
Sirohi, District Sirohi.
7. Mahendra Kumar S/o Shri Bhaboota Ram, At Present
Posted At Govt. Upper Primary School, Jogani Kheda,
Aahore, District Jalore.
8. Rajesh Vaishnav S/o Shri Shiv Karan, At Present Posted
Govt. Sr. Sec. School, Manadawas, Pali, District Pali.
9. Ranchoda Ram S/o Shri Moola Ram, At Present Posted At
Govt. Upper Primary School, Jogni Kheda, Aahore, District
Jalore.
10. Mahaveer Prasad S/o Shri Hanuman, At Present Posted At
Govt. Upper Primary School, Ramaguda, Aahore, District
Jalore.
11. Rajesh Meena S/o Shri Ramphal Meena, At Present Posted
At Govt. Upper Primary School, Golana, Jalore, District
Jalore.
12. Shaitan Singh Tanwar S/o Shri Hanuman Singh Tanwar, At
Present Posted At Govt. Upper Primary School, Warni,
Aahore, District Jalore.
13. Laxman Ram Jat S/o Shri Magha Ram, At Present Posted
At Govt. Upper Primary School, Valgunda, Aahore, District
Jalore.
14. Choga Ram Devasi S/o Shri Deva Ram Devasi, At Present
Posted At Govt. Upper Primary School, Sonpura, Pali,
District Pali.
----Respondents
For Petitioner(s) : Mr. Khet Singh Rajpurohit on VC
Mr. JS Bhaleria on VC
For Respondent(s) : Mr. Hemant Choudhary, G.C. a/w
Mr. Vishal Jangid, Dy.GC on VC
Mr. IR Choudhary, on VC
Mr. Kailash Jangid on VC
Mr. Ram Pratap Saini on VC
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order (Downloaded on 17/01/2022 at 08:43:37 PM) (4 of 7) [CW-5509/2020] 14/01/2022 In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, lawyers have been advised to refrain from coming to the Courts.
Vide order dated 16.09.2020, a coordinate Bench of this Court passed the following order :-
"Let notice be issued to newly added private respondents, returnable on 07.10.2020.
Notices be given dasti to learned counsel for the petitioners, if so desired.
Meanwhile, the respondents may convene DPC, if deemed appropriate. The result of DPC shall however be kept in a sealed envelop, to be opened only after the leave of the Court."
Mr. Khet Singh Rajpurohit and Mr. JS Bhaleria, learned counsel for the petitioners have straightway taken this Court to Annex.-9, which is relevant portion of the Rules of 1971, which operates for the promotion to the post of Senior Teacher. The relevant portion of Section-F of Schedule-I of Rajasthan Subordinate Services Rules, 1971 reads as follows:
1 2 3 4 5 6 7 8 9 [8 (a) Senior Teacher 50% by (a) For the 1. Teacher (a) For the posts at 1. Joint / Deputy Range- --
1. Hindi direct posts at 2. serial No.1 to 5 in Director of wise
2. English recruitm serial no.1 to Laborator column No.2. Secondary
3. Maths ent and 5 in column y Assistant (i- Graduate or Education of the
4. Science 50% by No.2. 3. Teacher a) equivalent range concerned
5. Third Language promoti [(a For posts in Deaf, examination with (member
6. Social Science on at serial Dumb and concerned subject as secretary)
i) No.1, 2, 3 Blind optional subject for 2. Director & 5 in School. the post mentioned Secondary column no.2 at Sr. No.1, 2, 3 & 5 Education or his
- Graduate in col. No.2 nominee.
or equivalent (i- Graduate or 3. Deputy examination b) equivalent Secretary with Education.
concerned
subject as
option
subject,
and
Degree or
Diploma in
Education
recognized
by National
Council for
Teacher
Education.
"
(Downloaded on 17/01/2022 at 08:43:37 PM)
(5 of 7) [CW-5509/2020]
Learned counsel for the petitioners makes a limited
submission that the persons who are required to be promoted, have to have graduation or equivalent examinations with the concerned Subject as optional Subject for the post of Hindi, English, Maths & third language.
Learned counsel for the petitioners further submits that the petitioners are aggrieved by the persons coming in the consideration zone in the Departmental Promotion Committee (DPC), who have produced the additional qualification in Maths, which is of one year and have been given by the concerned University as graduation in Maths Subject.
Mr. Hemant Choudhary, learned Government Counsel alongwith Mr. Vishal Jangid learned Deputy Government Counsel submits that the State is abiding by the letters dated 11.06.2021 and 17.06.2021.
Mr. Kailash Jangid, learned counsel for the respondent, however, vehemently opposes continuance of the interim order on the ground that the petitioners are lawful graduates of Mathematics and concerned Subjects, and therefore, any denial of promotion to them is a lost opportunity. It is further contended that in other zones, the promotion has been granted to the candidates, who are not having three years graduation course.
Mr. Ram Prasad Saini, learned counsel fairly submits that the controversy of sanctity/legality of the one year graduation course is pending before the Hon'ble Apex Court.
This Court finds that the prima facie the State is not able to explain or assure this Court that the one year additional Subject graduation in a different subject would make the persons (Downloaded on 17/01/2022 at 08:43:37 PM) (6 of 7) [CW-5509/2020] concerned eligible for being promoted to the post of Senior Teacher. However, in the interest of justice, Mr. Hemant Choudhary alongwith Mr. Vishal Jangid learned counsel for the respondent is directed to file an affidavit as to the nature of the qualifications, particularly that of one year graduation in additional Subject, as to what is the stand of State whether such qualifications are in confirmation of the Section-F of Schedule-I of Rajasthan Subordinate Services Rules, 1971 for promotion to the post of Senior Teacher.
The affidavit shall keep in consideration that in Job teachers, who have not been granted one years' leave, have completed one year graduation in mathematics and are claiming parity with the regular Mathematics teachers who have not only acquired the qualification in three years, but have pursued regular courses. The affidavit shall also contain the details as to what is the situation in the Statewide promotion provided under the rule for the post of Senior Teacher including the zone in question.
The affidavit shall be filed by the Director Secondary Education in the aforesaid directions and terms through counsel Mr. Hemant Choudhary and Mr. Vishal Jangid clarifying the aforesaid situation.
The interim order granted by this Court on 16.09.2020 is, accordingly, modified to the extent that the respondents are permitted to open the sealed envelope containing the result of the DPC so convened and concluded, and thereafter, the eligible persons for the post of Senior Teacher in their respective Subjects, if they have three years graduation in the concerned Subject in (Downloaded on 17/01/2022 at 08:43:37 PM) (7 of 7) [CW-5509/2020] accordance with Section-F of Schedule-I of Rajasthan Subordinate Services Rules, 1971, shall be granted promotion.
It is made clear that no candidates, who are in the doubtful zone of consideration i.e. is not having the graduation for the Subject in question passed in three years, shall be given promotion without permission of this Court. If the petitioners are lawfully eligible, they shall also be considered in accordance with their merit and qualifications. The process in question, as directed above, shall remain subject to the final outcome of these writ petitions.
The applications (inward No.01/2021, 6/2021 & 7/202) are disposed of with a direction that the applicants shall be permitted to assist this Court in the matter on the next date.
List on 21.02.2022.
(DR.PUSHPENDRA SINGH BHATI),J 45-46-Sudheer/-
(Downloaded on 17/01/2022 at 08:43:37 PM) Powered by TCPDF (www.tcpdf.org)