In S.B. Civil Writ Petition No.10434/2011, Justice Dinesh Maheshwari dismissed the petition filed by a teacher regarding posting disparity, holding that direct appeal to the court without prior representation to concerned authorities is not countenanced.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S.B. Civil Writ Petition No.10434/2011 Surendra Kumar vs State of Rajasthan & Ors.
DATE OF ORDER: 4th November 2011
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. R.K. Bohra, for the petitioner.
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Heard the learned counsel for the petitioner and perused the material placed on record.
The petitioner who has been selected on the post of Teacher Grade-II seeks to state the grievance in this matter that though the persons standing lower in merit than himself have been assigned their own Districts but he has been deprived of the same right though entitled therefor.
It appears that the appointment order was issued on 07.10.2011. In relation to the grievance sought to be suggested, the petitioner seems not even to have made a representation to the authorities concerned stating his grievance. Direct approach to this Court seeking a mandamus for directions to the authorities for giving particular place of posting to the petitioner cannot be countenanced.
This writ petition is, therefore, required to be dismissed and is hereby dismissed at this stage.
However, the petitioner is left free to take recourse to the appropriate legal remedies in accordance with law including making of representation to the authorities concerned. It goes without saying that if at all the petitioner makes such representation, the authorities shall be expected to deal with the same in accordance with law.
[DINESH MAHESHWARI], J.
cpgoyal/-
1 issue framed by the court
Whether a direct writ petition for specific posting is maintainable without prior representation to authorities.
Surendra Kumar
State of Rajasthan
Dinesh Maheshwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
