Dismissed

Jitendra Singh Parmar and Ors. v. Shri C S Rajan and Others

Rajasthan HC12 Sept 2014CCP/442/2012

Case brief

AI extract

What is this about?

This is a contempt petition challenging the alleged non-compliance with an earlier order directing appointment to Prabhodhak posts. The Court dismissed the petition, holding that legality of post transfers and specific appointments are matters for original jurisdiction, not contempt proceedings, as no palpable malafide was evident.

What did the court decide?

Contempt petition dismissed, notices to respondents discharged; petitioners free to agitate issues in original jurisdiction.

Non-compliance of the order dated 22.11.2011 passed by this Court is alleged in this petition. There-under this Court had directed that the case of the petitioners would be governed by the Judgment of this Court in the case of Smt. Suman Parmar v.

the direction of this Court in the case of Smt. Suman Parmar (supra) was that for vacant posts of Prabhodhaks in the OBC category General Category Candidates were to be considered under Rule 9 of the Rajasthan

Panchayati Raj Prabhodhak Service Rules, 2008 (hereinafter ‘the Rules of 2008’). The petitioners are general category candidates seeking appointment as Prabhodhaks in District Dholpur on vacant OBC posts. According to the petitioners there were four vacant posts of Prabhodhaks in District Dholpur in respect of which they were to be considered in terms of the directions of this Court issued in SBCW P. No. 4450/2011 on 22.11.2011. However, two of the said posts were illegally transferred from District Dholpur to District Bharatpur. It has been further submitted that the petitioner No.1 Jitendra Singh Parmar had in the meantime obtained appointment as a Teacher Grade-III at Government Upper Primary School, Sahedi in Badi and he had then informed the District Education Officer (Elementary Education), Dholpur of his intent not to avail the post of Prabhodhak. Yet he has been appointed after the filing of this contempt petition, only to deny appointment to another candidate. It has been submitted that consequently out of the otherwise four clear posts, appointment of only one petitioner before this Court i.e petitioner No.3 Vinod Kumar Sharma s/o Shri Dwarika Prasad Sharma has been given as

Prabhodhak in terms of the directions of this Court in its order dated 22.11.2011. The petitioners No.2,4 and 5 namely; Gopal Lahchoria, Gajendra Kumar Sharma and Jitendra Kumar Bhardwaj have been wrongly left out. This according to the petitioners’ constitutes contempt of the Court’s order dated 22.11.2011 as in-spite of three of the advertised posts of Prabhodhaks in District Dholpur being vacant and liable to be filled up as per this Court’s direction of 22.11.2011 and Rule 9 of the Rules of 2008, the petitioners No.2,4 and 5 have been denied appointment.

Reply to the contempt petition has been filed. It has been submitted that in compliance with the orders dated 22.11.2011 and 21.8.2014 passed by this Court, in the course of contempt proceedings, the State Government vide order dated 28.8.2014 had vide order dated 29.10.2013 allowed a partial relaxation on the ban on appointment on the post of Prabhodhak. Accordingly, the Director, Elementary Education, Rajasthan, Bikaner vide letter dated 28.8.2014 issued necessary instructions to verify the merit position and teaching experience certificates of the petitioners and then to take requisite action

for their appointment. Thereupon vide order dated 31.8.2014 appointment letter has been issued in favour of the petitioners No.1 and 3 namely; Jitendra Singh Parmar and Vinod Kumar who had obtained 36.33% and 38.00% marks respectively against the two vacant posts of OBC (Female) category going to General Category Candidates. The appointees have been required to join the duties at the place of their posting. Now no post in any category is available in District Dholpur. Thus the order dated 22.11.2011 passed by this Court in SBCW P. No. 4450/2011 has been fully complied with and this contempt petition ought to be dismissed as infructuous.

The jurisdiction of this Court hearing contempt petitions is limited. Therein this Court has to ensure that bonafide compliance of its directions has been made. The respondents case is that after the appointment of the petitioners No.1 and 3 namely; Jitendra Singh Parmar and Vinod Kumar Sharma, there is no vacant post of Prabhodhak in District Dholpur. In this view of the matter this Court cannot dissect or analyze the order of which non-compliance is alleged unless it is palpably malafide or vitiated by

The issue of number of vacant posts of Prabhodhaks in District Dholpur as also the issue of illegal transfer of two posts from District Dholpur to District Bharatpur, can not be addressed in this contempt petition as the legality or the otherwise of the aforesaid issues has not been adjudicated in the underlying petition vide order dated 22.11.2011. The submission that appointment of the petitioner No.1 Jitendra Singh Parmar in- spite of his engagement as Teacher Gr.III with the Government Upper Primary School, Sahedi in Badi effective 11.9.2012 was with the sole intention of denying the next meritorious candidate appointment to the post of Prabhodhak in compliance with the order dated 22.11.2011 passed by this Court, is a matter more amenable to an independent evaluation when agitated in the original jurisdiction of this Court. So too the issue of alleged illegality in the transfer of two posts from District Dholpur to District Bharatpur.

The petitioners however will be free to agitate their alleged wrongful exclusion from appointment on the post of Prabhodhaks by the respondents first by the alleged illegal transfer two posts from District Dholpur to District Bharatpur, under the order dated 31.8.2014- as also issue of appointment of a person (Jintendra Singh Parmar) who had indicated his unwillingness to join on the post of Prabhodhak in view of his appointment as Teacher Gr.III with the Government Upper Primary School, Sahedi in Badi.

Jitendra Singh Parmar and Ors. v. Shri C S Rajan and Others

Case brief

What is this about?

What did the court decide?

Jitendra Singh Parmar and Ors. v. Shri C S Rajan and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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