The Court disposed of multiple writ petitions challenging discriminatory postings in secondary education schools by directing the parties to abide by the prior settlement in Manju Agarwal case.
Writ petitions disposed of; parties to be governed by judgment in Manju Agarwal v. State of Rajasthan.
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.
CIVP - 6184/2016 along with other. petitions
IN THE HIGH COUR T OF JUOrCA TURE FOR RAJAS THAN A T JAIPUR BENCH, JAIPUR
ORDER
1. S.B. CIVIL WRIT PETITION N0.6184/2016
PETITIOO\IER : -
Surendra Kumar S/o Shri Prakash Chand, aged about 33 years, R/o A-60, Shyam Mitra Mandal Nagar, Road No.5, Murlipura, District
Jaipur, Rcijasthan.
VERSUS
RESPONbENTS :-
--.--- 2. S.B. CIVIL WRIT PETITION NO. 15434/2015
PE7TTIClNER : -
Dilip Kumar Mahawar, S/o Shri Kishan Lol Mahawar, Aged about 28 years, R/o House No.57.58, 59, Shri Nagar Colony, Vijaypura, Agra Road, Jaipur
VERSUS
RESPONDENTS : -
I. State of Rajasthan through Secretary, Education Department,
CWP - 6184/2016 along with other petitions
2
Govt. Secretariat, Jai pur.
PETITIONER : -
Abhishek Natwadia S/o Shri Ramkaran Natwadia, aged about 25 years, resident of Kishorepura, Tehsil Neem ka Thana, District
Sikar (Raj.)
VERSUS
RESPONDENTS : -
1. State of Rajasthan through Principal Secretary, Department of
4. S.B.CIVIL WRIT PETITION N0.11738/2016
PETITIONER : -
Mahesh Kumar Sharma Son of Shri Om Prakash Sharma, Aged
about 37 years. Resident Village & Post Dhoblai Via Govindgarh.
District Jaipur (Rajasthan).
VERSUS
RESPONbENTS : -
Secondary education^ Department, \ Secretariat, Jaipur
(Rajust han).
C WP - 61 84/20] 6 along with other petitions
3
5. S.B.CIVIL WRIT PETITION N0.13914/2016
PETITIONER :-
Baljinder Singh Barar S/o Shri Thakar Singh, aged about 27 years, by caste Jatt Sikkh, resident of village & Post 6 TK, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.). At present address C/o Dilip Singh Yadav, 39/Jadon Nagar, B-Mains, 39 Jadon Nagar
B, Durgapura, Near Railway Station, Jai pur.
VERSUS
RESPONbENTS : -
1. The State of Rajasthan through Principal Secretary, Department of Higher Education, Government of Rajasthan, Government Secretariat, Jaipur.
6. S. B.CIVIL WRIT PETITION NO. 10785/2016
PETITIONER : -
Ramniwas Choudhary S/c Nanuram Jot, aged about 35 years, R/o
VPO Siwar, Ward N0.06, Nagar Nigam, Jaipur, Rajasthan.
VERSUS
RESPONDENTS : -
1. The State of Rajasthan through its Secretary to Government, '
CWP - 6184/2016 along with other petitions
4
Secondary Education Department, Government Secretariat,
Rajasthan, Jaipur.
7. S.B.CIVIL WRIT PETITION N0.12112/2016
PETITIONER : -
Sunita Pulwaria D/o Ganga Ram Phulwaria, W/o Prakash Chand
Chandolia, aged 34 years, R/o 125, Sri Kalyan Nagar, Jaipur.
VERSUS
RESPONBENTS : -
8. S.B.CIVIL WRIT PETITION N0.11406/2016
PETITIONER : -
CWP - 6184/2016 along with other petitions
5
Lalsot, District Dausa
VERSUS
RESPONDENTS : -
9. S.B.CIVIL WRIT PETITION N0.1470/2016
PETITIONER : -
Indra Raj Singh S/o Giga Ram, aged 35 years, R/o RIICO Road Parasrampura, Post Sargoth, Via Ringus, Distt. Sikar
VERSUS
RESP0P.l bENTS : -
10. S.B.CIVIL WRXT PETLTXON NQ.11407/2016
PETITIONER : -
CWP - 6184/2016 along with other petitions
(General), R/o Navjeevan Vihar, 200 Ft. Bye-pass,
Gandhipath, Vaishali Nagar, Jaipur
VERSUS .
RESPONDENTS : -
11, S.B. CIVIL WRIT PETITION NO. 11847/2016
PETITIONER : -
.I
Gopal Lal Yadav S/o Prabhu Dayal Yadav, aged 32 years, R/o VPO Itawa Bhopji (Dhundhala Ki Dhani), Tehsil Chomu, Distt. Jaipur.
VERSUS
RESPONDENTS : -
1. The State of Rajasthan through its Secretary, Secondary Education, Department of Education, Govt. of Rajasthan, Secretariat, Jaipur
CWP - 6/84/2016 along with other petitions
7
12. S. B. CIVIL WRIT PETITION NO. 12785/2016
PETITIONER : -
Mukesh Sharma son of Shri Pushkar Dutt Sharma, aged about 32 years, resident of Police Line Road. Shekhpura Mohalla, Behind Badar i Vi har , Si kar, Rajast han.
RESPONDENTS : -
Education Department, Government Secretariat, Jaipur.
Bi kaner Rajast han.
13. S.B&vil Writ Petition No. 11681/2016
PETITIONER :
Vijay Kumar Goswami son of Shri Omkar Goswami, aged about 29 years resident of Plot No. 128, Prem Nagar, Agra Road, Jaipur
VERSUS
RESPONDENTS
CWP - 6184/2016 along with other petitions
8
14. S.B. Civil Writ Petition No. 1168-2L2016
PETITIONER :
Rekha Mehar daughter of Shri Sardar Meena, aged about 23 years,
resident of Plot No. 107, Shivram Colony, Jagatpura, Jaipur
RESPONBENTS
Government Secretariat, Jaipur.
15. S.B. Civil Writ Petition No. 13248/2016
PETITIONER :
Raju Saini S/o Shri Kanhaiya Lal Saini, aged about 31 years R/o
Near Guru Ka Kunwa, dhanuka Ki Kothi Ward No. 34, Fatehpur
District, Sikar.
VERSUS
RESPONDENTS
Department of Higher Education, Government of Rajasthan,
CWP - 6184/2016 along with other petitions
9
'. .
Government Secretariat, Jaipur.
Date of Order : OTh October, 2016
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Ram Pratap Saini ] Mr. Tanveer Ahamad - ] Mr. Harikishan Sharma ] Mr. Manish Natwadia ] Mr. Prahlad Sharma 1 Mr. Banwari Sharma 1 Mr. Vigyan Shah 1
Mr. Rakesh Kumar Saini 1, for the petitioners.
Mr. SK Gupta, AAG with Mr.Devesh Chouhan ] Mr.Sanjay Kumar Sharma 1, for the respondents.
BY THE COURT:
With consent of learned counsel for the parties, the writ petitions are decided finally. tie- controversy involved in these writ petitions has already been settled by this Court in the case o-f Manju Agarwal Vs. State of Rajasffm & Anr. in SB Civil Writ Petitlbn No.10829/2015 decided on loth December, 2015. It is regarding posting of the petitioners on the post of School Lecturer.
The allegation against the respondents is for causing discri~~ination in posting. It was to be given in order of merit. A candidate, higher in meriel-, was to be adjusted in his own District, subject to the availability of the post, however, while arranging
CWP - 6184/2016 along with other petitions
10
posting after preparation of merit, many candidates having less marks i-han the petitioners, were adjusted in the District, to which, the petitioners belong. The controversy aforesaid was decided by this Court in the case of Manju Agarwal (supra) and has
been complied by the respondents.
.' .
Learned counsel for the respondents have not
disputed about the judgment of this Court in the case of Manju Agarwal (supra) and its implementation.
In view of above, all the writ petitions are disposed of
and are ordered to be governed by the judgment in the case of
Manju Agarwal (supra).
Pree ti; P. A.
2 issues framed by the court
Whether the writ petitions challenging discriminatory posting in schools should be accepted in view of a prior settlement?
Whether the impugned judgments should be disposed of by reference to the settled legal position in Manju Agarwal?
Colour shows how this judgement treated each authority
Manju Agarwal Vs. State of Rajasthan & Anr.Followed¶162
Manju Agarwal Vs. State of Rajasthan & Anr. in SB Civil Writ Petition No.10829/2015
1 provisions across 1 enactments
Surendra Kumar and others
State of Rajasthan and others
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
