Partly allowed

Moti Mala v. State Education and Ors.

Rajasthan HC11 Nov 2011CW/11327/2011

Case brief

AI extract

What is this about?

The High Court directed respondents to re-examine the petitioner's posting order after a change was made despite her request, directing them to ensure non-arbitrary decisions and consider fresh representations regarding vacancy availability in identified schools.

What did the court decide?

Directing respondents to reconsider the petitioner's posting order ensuring non-arbitrary decision and consideration of fresh representations.

Moti Mala Vs State Education and Ors. — Service and Employment | Rajasthan HC (2011)

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SBCWP No. 11327/2011 Moti Mala Vs. State of Rajasthan & Ors. [ 1 ]

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S.B. CIVIL WRIT PETITION NO. 11327/2011.

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Moti Mala Vs. The State of Rajasthan & Ors.

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Date of Order :: 11^th November 2011.

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HON'BLE MR. JUSTICE DINESH MAHESHWARI

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Mr. H.R. Chawla, for the petitioner. Dr. Gopal Raj Calla, Govt Counsel, for the respondents. <><>

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BY THE COURT :

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Heard the learned counsel for the petitioner and perused the material placed on record. The learned Government Counsel Dr. Gopal Raj Calla, who is appearing for the Department concerned, has been requested to and has put in appearance on behalf of the respondents.

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After being selected on the post of Teacher Grade-II (Hindi), the petitioner was given the posting order at Government Secondary School, 5-E Chhoti, Sriganganagar whereat she joined on 14.10.2011. However, according to the petitioner, the respondent No. 3 (The Deputy Director, Secondary Eduction, Churu) passed the amended order dated 24.10.2011 whereby her place of posting has been changed from Government Secondary School, 5-E Chhoti, Sriganganagar to the Government Secondary School, 10 AS,

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SBCWP No. 11327/2011 Moti Mala Vs.

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State of Rajasthan & Ors. [ 2 ]

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Sriganganagar on the ground that the post of Senior Teacher (Hindi) was not vacant at 5-E Chhoti. The petitioner is said to have made a representation stating, inter alia, that her husband was also in Government Service posted at Telewala, Sriganganagar and that so many posts of Senior Teacher (Hindi) were lying vacant in the nearby schools. Though not stated in the writ petition, the learned counsel for the petitioner submits on instructions that the post of Senior Teacher (Hindi) is not vacant even in the school at 10 AS and in that regard, the petitioner has made a fresh representation.

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The matter relates to the posting of the person appointed on the post of Teacher Grade-II where ultimately, the matter of posting is to be settled by the authorities concerned in accordance with law while keeping in view the observations as made by this Court in the other writ petitions recently decided, including CWP No. 10634/2011 decided on 09.11.2011. Therefore, no other interference appears requisite but having regard to the reasons as stated by the petitioner, particularly that of non-availability of the vacant post at the place presently assigned to her, it does appear appropriate that the respondents should look into her matter with reference to the requirements of the aforesaid order dated 09.11.2011 and should ensure that the posting order in relation to the

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SBCWP No. 11327/2011 Moti Mala Vs. State of Rajasthan & Ors. [ 3 ]

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petitioner is made without the vice of arbitrariness after taking policy decision at the earliest and after giving due consideration to the representation made by the petitioner. Having regard to the circumstances, it is also observed that the petitioner shall be at liberty to make a representation afresh to the respondents stating her grievance and the respondents shall be expected to consider such representation on its merits.

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This writ petition is partly allowed only to the extent indicated above. No costs.

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(DINESH MAHESHWARI), J .

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/Mohan/

Moti Mala v. State Education and Ors.

Case brief

What is this about?

What did the court decide?

Moti Mala v. State Education and Ors.

Case brief

What is this about?

What did the court decide?

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