Single unmarried female teacher challenged posting away from home district. Court dismissed writ petition but directed respondents to treat it as a representation and decide posting expeditiously within one month as per guidelines regarding single women.
Direction to consider petition as representation and decide posting within one month as per policy.
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.
( 3 )
8
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ORDER
S.B. CIVIL WRIT PETITION NO. 2924/2015
Miss Rekha Vs.
State of Rajasthan & ors.
Date of Order : : 08.04.2015
HON’BLE MS. JUSTICE NIRMALJIT KAUR
Mr. Deepak Nehra, counsel for the petitioner. Mr. Vikash Choudhary on behalf of Mr. S.S. Ladrecha, A.A.G., for the respondent Nos. 1 & 2 <><><><>
NIRMALJIT KAUR, J. (ORAL) :-
The prayer in the present petition is to grant posting to the petitioner in her Home Panchayat Samiti as per her merit position and her category of 'Single/Unmarried Women'.
Learned counsel for the parties are heard.
Vide Annexure-8 dated 16.03.2015, the respondent No. 2 allotted place of posting to the petitioner i.e. Panchayat Samiti Baori, District Jodhpur instead of her home Panchayat Samiti Bilara, District Jodhpur by ignoring her merit position and her category of 'Single/Unmarried Women'. As per Para I(2) of the Policy/Guidelines dated 03.08.2012, the appointees belonging to the category of
( 3 )
Physically Handicapped, Widow, Divorcee and Single Women should be allotted their home panchayat samiti as far as possible. As per Para I(3) of the same, the selected candidates shall be allotted their own panchayat samiti on the basis of their merit and also as per Para II(1)(g), the Widow, Divorcee, Unmarried Women, Single Women should be posted to the nearest available post as far as possible.
In a similar writ petition i.e. S.B. Civil Writ Petition No. 9526/2012 (Surendra Vs. State of Rajasthan & ors.), this Court vide Order dated 25.09.2012 directed the respondents to consider allotment of selected teachers to different panchayat samitis within its jurisdiction strictly in accordance with para I(3) of the order dated 03.08.2012.
Besides, this Court in the case of Monika Meel Vs. The Dy. Director, Secondary Education & ors. (S.B. Civil Writ Petition No. 15668/2012) decided on 03.10.2012 directed the respondents to give posting of Teacher Grade-II as per the preference given by the candidates subject to their merits. Whereas, in the present case, the guidelines dated 03.08.2012 as well as above two judgments have been ignored. The petitioner is stated to be a Single/Unmarried lady. She is also stated to be high up in the merit. Apart from the category of widow, divorcee, physically handicapped and single/unmarried women, the postings are required to be given as per the merit of the candidates. The
( 3 )
petitioner prayed for alteration of her posting vide representation dated 20.03.2015 but in vain.
In view of the above, this Court deems it proper to dispose of the present petition with a direction to the respondents to consider the present writ petition as the representation of the petitioner and decide the same as expeditiously as possible in view of the judgments rendered by this Court in the case of Surendra Vs. State of Rajasthan & ors. (supra) as well as Monika Meel (supra) and grant her posting as per the policy/guidelines on the basis of her merit position and her category. The final decision shall be taken positively within one month from today.
The writ petition stands disposed of in the above
terms.
(NIRMALJIT KAUR), J.
IK
2 issues framed by the court
Whether the State should allot posting to a single/unmarried female teacher as per her category preference under the 2012 guidelines.
Whether the High Court should direct expeditious disposal of a representation regarding posting alteration after dismissing a writ petition.
Colour shows how this judgement treated each authority
Surendra Vs. State of Rajasthan & ors.Referred¶17
S.B. Civil Writ Petition No. 9526/2012 (Surendra Vs. State of Rajasthan & ors.)
Monika Meel Vs. The Dy. Director, Secondary Education & ors.Referred¶18
Monika Meel Vs. The Dy. Director, Secondary Education & ors. (S.B. Civil Writ Petition No. 15668/2012)
Miss Rekha
State of Rajasthan
S.S. Ladrecha
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
