Dismissed

Ms Beenu Sharma v. State Education Departmentanr

Rajasthan HC5 Aug 2015CW/9152/2015

Case brief

AI extract

What is this about?

The petitioner, a divorcée, challenged her posting in Jodhpur instead of her home district Tonk, relying on a circular and a Division Bench judgment. The single-judge bench held the circular allows home district posting only 'as far as possible', necessitating administrative consideration. The petition was dismissed, and the petitioner was directed to seek compliance via a fresh representation.

What did the court decide?

The petitioner was directed to make a fresh representation to the Director, Secondary Education, Bikaner, for compliance with the circular within specified timelines.

The petitioner seeks posting as Senior Teacher (Science) Gr.II in her home District i.e.Tonk. It has been submitted that the petitioner being a divorcee is entitled to be initially posted in her home District i.e. Tonk in terms of the circular dated 3.8.2012 which has been construed by the Hon'ble Division Bench of this Court in the case of Toga Ram Vs. State of Rajasthan,

2014(3) WLC (Raj.) 693as conferring legally enforcible rights on persons belonging to the category of widow, divorcee, physically handicapped etc. regarding their initial posting in their home districts. It has been submitted that the petitioner is resident of Deoli District Tonk but has been posted in Jodhpur Zone contrary to the prescription of the circular

dated 3.8.2012. In the circumstances, it has been prayed that the petitioner's posting vide order dated 6.6.2015 and 13.6.2015 may be declared illegal being the cross-hairs of the circular dated 3.8.2012 and the Judgment

of this Court in the case of Toga Ram (supra) and it be directed that she be initially posted in her home district i.e Tonk as a Senior Teacher (Science) Gr.II pursuant to her appointment vide order dated 13.6.2015.

No doubt this Court in the case of Toga Ram (supra) has held that the circular dated 3.8.2012 confers legally enforceable right of initial home district posting on widows, divorcees, single woman, persons with disabilities etc. Yet the said circular only provides that the posting in home district for the category described be made 'as far as possible'. The words 'as far as possible' require a consideration in the first instance at the level of the

a fresh representation to the Director, Secondary Eduction, Rajasthan, Bikaner, in addition to any previous representation, if submitted, seeking compliance with the circular dated 3.8.2012 in terms of its

interpretation in the case of Toga Ram (supra). The representation be submitted before the Director, Secondary Education, Rajasthan, Bikaner, within a period of one week from today along-with the certified copy of this order. On receipt of the representation, it be disposed of within two weeks thereafter by a reasoned and speaking order objectively taking into consideration all relevant facts.

Ms Beenu Sharma v. State Education Departmentanr

Case brief

What is this about?

What did the court decide?

Ms Beenu Sharma v. State Education Departmentanr

Case brief

What is this about?

What did the court decide?

What the court decided

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