Writ petition challenging district allotment. Court recalled case to consider posting based on merit in District Dausa if vacancy exists within four weeks.
Direction to respondents to consider petitioner's case for posting in Dausa District on merit basis within four weeks.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 22446 / 2017
Nirmal Singh Gurjar Son of Shri Ramnarayan Gurjar, Resident of Village and Post Kailai Via Dubbi District Dausa Rajasthan (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Shribhan Gurjar
For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
06/12/2017
The above-noted writ petition has been filed with a prayer that respondents have allotted districts to persons having lessor marks than the petitioner in their home districts or near their home districts whereas the petitioner who belongs to Dausa District has been given posting at Pratapgarh District.
Learned counsel appearing on behalf of the petitioner has placed reliance on a judgment rendered by a coordinate bench of this court in S.B.Civil Writ Petition No.9371/2014 Shiv Prasad Nimiwal V/s State of Rajasthan & Ors. decided on 20.07.2015 wherein it was held that posting to the petitioner should be given as per his merit position. Further reliance has also been placed
(2 of 3)
[CW-22446/2017]
upon judgment rendered by coordinate bench of this court at Jaipur in Civil Writ Petition No.15668/2012 Monika Meel V/s The Deputy Director, Secondary Education, Jaipur wherein it has been held that meritorious candidates should get preference in their posting. It is also submitted that one post of Librarian Grade-III, Level-I, is lying vacant in District Dausa.
There is no dispute that the petitioner had obtained 179 position in the merit and has been given posting in district Pratapgarh whereas the persons who are lesser meritorious to her have been given posting either in their home districts or near by.
A perusal of the judgment rendered in the case of Monika Meel (supra) shows that direction has been given to the State Government to regulate postings keeping in mind that meritorious candidates would get preference of posting. In Shiv Prasad Nimiwal, coordinate bench of this court had also directed the respondents to give posting to the petitioner as per his merit position. There is no dispute with the fact candidates less meritorious than the petitioner have been given their home districts ignoring the right of the petitioner. This is despite the fact that a general direction had been given as far back as 2012 to the State to regular posting of selected candidates as per merit.
In view of above, this writ petition is disposed of with a direction to the respondents to consider case of the petitioner and give him posting on the basis of his merit, if there is a post that is lying vacant in District Dausa. The needful be done within a period of four weeks from today.
(3 of 3)
[CW-22446/2017]
The writ petition stands disposed of accordingly.
(VEERENDR SINGH SIRADHANA)J.
SS/119
2 issues framed by the court
Whether the petitioner entitled to allocation of district with least marks.
Whether meritorious candidate be given preference in posting.
Colour shows how this judgement treated each authority
Shiv Prasad Nimiwal V/s State of Rajasthan & Ors.Referred¶16
S.B.Civil Writ Petition No.9371/2014 Shiv Prasad Nimiwal V/s State of Rajasthan & Ors.
Monika Meel V/s The Deputy Director, Secondary Education, JaipurReferred¶16
Civil Writ Petition No.15668/2012 Monika Meel V/s The Deputy Director, Secondary Education, Jaipur
Nirmal Singh Gurjar
State of Rajasthan Through Its Secretary Education Department
Rajasthan Subordinate and Ministerial Service Selection Board
Director Secondary Education Department, Bikaner
Veerendr Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
