Partly allowed

Amrit Lal and Ors. v. State of Rajasthan and Anr.

Rajasthan HC23 Apr 2018CW/11481/2017

Case brief

AI extract

What is this about?

Petitioners, residents of TSP area, challenged their non-appointment as LDCs. The High Court directed the State to consider them under the reserved category provision of a 2007 circular for 45% posts and complete the exercise within 60 days if eligible.

What did the court decide?

Respondents directed to consider petitioners for LDC appointment under 45% reserved posts scheme and complete exercise within sixty days if eligible.

Amrit Lal and Ors. Vs State of Rajasthan and Anr. — Service and Employment | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 11971 / 2017

¶3

Naresh Chandra S/o Shri Shankar Lal Kalasua, Aged About 32 Years, By Caste Bheel, Resident of Village Barothi, TehsilBichhiwara, District- Dungarpur (Rajasthan).

¶4

Kamlesh Kumar S/o Shri Hari Shankar Rot, Aged About 28 Years, By Caste Bheel, Resident of Village Kangela-Pagara, TehsilSimalwara, District- Dungarpur (Rajasthan).

¶5

Prakash Chandra S/o Shri Narain Lal Bhagora, Aged About 32 Years, By Caste Bheel, Resident of Village Lehana, TehsilBichhiwara, District- Dungarpur (Rajasthan).

¶6

Ratan Lal S/o Shri Basu Damore, Aged About 30 Years, By Caste Bheel, Resident of Village Jorawarpura, Tehsil- Simalwara, District- Dungarpur (Rajasthan).

¶7

Pritesh Ahari S/o Shri Prabhu Lal Ahari, Aged About 24 Years, By Caste Bheel, Resident of Parada-Chobisa, Tehsil & DistrictDungarpur (Rajasthan).

¶8

----Petitioners

¶9

Versus

¶10

State of Rajasthan Through Secretary, Panchayati Raj and Rural Development, Government of Rajasthan, Jaipur.

¶11

Chief Executive Officer, Zila Parishad, Dungarpur.

¶12

----Respondents

¶13

Connected With

¶14

S.B. Civil Writ Petition No. 11481 / 2017

¶15

Amrit Lal S/o Shri Nathu Lal Manat, Aged About 32 Years, By Caste Bheel, Resident of Village Chhapi, Tehsil - Bicchiwara, District - Dungarpur (Rajasthan).

¶16

Nitin Kumar S/o Shri Manji Huver, Aged About 30 Years, By Caste Bheel, Resident of Village - Lehana, Tehsil- Bichhiwara, District - Dungarpur (Rajasthan).

¶17

Shanti Lal S/o Shri Kanji Bhagora, Aged About 32 Years, By Caste Bheel, Resident of Village- Jalana, Tehsil - Bichhiwara, District - Dungarpur (Rajasthan).

¶18

Vallabh Krishna Tabiyar S/o Shri Amrit Lal, Aged About 30 Years, By Caste Bheel, Resident of Village - Bata- Balgun, PostChhapi Tehsil Bichhiwara, District - Dungarpur (Rajasthan).

¶19

Mukesh Kumar S/o Shri Khatu Ji Ahari, Aged About 32 Years, By Caste Bheel, Resident of Village- Gehuwara, Post - Punali, Tehsil - Aspur, District - Dungarpur (Rajasthan).

¶20

(2 of 3)

¶21

[CW-11971/2017]

¶22

Nirma Rot D/o Shri Hari Prakash Rot, Aged About 32 Years, By Caste Bheel, Resident of Vallage - Sabali, Tehsil - Bichhiwara, District - Dungarpur (Rajasthan).

¶23

Pradeep Kumar Rot S/o Shri Hari Prakash Rot, Aged About 35 Years, By Caste Bheel, Resident of Village - Sabali, Tehsil - Bichhiwara, District - Dungarpur (Rajasthan).

¶24

----Petitioners

¶25

Versus

¶26

State of Rajasthan Through Secretary, Panchayat Raj and Rural Development, Government of Rajasthan, Jaipur.

¶27

Chief Executive Officer, Zila Parishad, Dungarpur.

¶28

----Respondents

¶29

For Petitioner(s) : Mr. Shambhoo Singh

¶30

For Respondent(s) : Mr. Manish Patel, AGC

¶31

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶32

Order

¶33

24/04/2018

¶34

Learned counsel for the petitioners states that petitioners are resident of TSP area, Dungarpur and applied for the post of LDC for district Dungapur in their respective category pursuant to advertisement dated 14.2.2013.

¶35

Learned counsel for the respondents categorically states that condition No.(4) of circular dated 12.9.2007 is applicable in petitioners’ case, which reads as under :-

¶36

”4-;fn vuqlwfpr {kS= ds ,d ftys esa miyC/k fjfDr;ksa dks Hkjrs le; 45 izfr'kr LFkkuh; vuqlwfpr tutkfr ds O;fDr miyC/k ugha gks rks lEiw.kZ vuqlwfpr {kS= dks ,d bdkbZ ds :i esa ekudj fdlh ftys@ mi[k.M@ fodkl [k.M Lrj ij dksbZ fjfDr gS vkSj ml ftys@ mi[k.M@ fodkl

¶37

(3 of 3)

¶38

[CW-11971/2017]

¶39

[k.M esa tutkfr dk ;ksX; vH;FkhZ miyC/k ugha gS rks ,slh fLFkfr esa vuqlwfpr {kS= ds vU; ftyksa fodkl [k.Mksa esa miyC/k LFkkuh; tutkfr ds ;ksX; vH;fFkZ;ksa ls ,slh fjfDr;ka Hkjh tk;sxh rkfd 45 izfr'kr fo'ks"k vkj{k.k j[ks tkus ds m}s”; dh iwfrZ gks ldsA”

¶40

The instant writ petitions are disposed of with a direction to the respondents to consider case of petitioners in light of condition No.(4) of circular dated 12.9.2007, and the petitioners are otherwise found eligible, then appointment shall be given to them on the post of LDC. Such exercise shall be completed within a period of sixty days from today.

¶41

(DR. PUSHPENDRA SINGH BHATI)J.

¶42

/zeeshan/

Amrit Lal and Ors. v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Amrit Lal and Ors. v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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