Two-judge Bench disposed of the writ petition regarding appointment and seniority for teachers, deciding it in light of the prior order in Om Prakash & Ors. v. State of Rajasthan which granted relief based on common selection and inter-se merit.
Disposed of in light of the judgment in Om Prakash & Ors. v. State of Rajasthan & Ors.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 15565/2018
----Petitioners
----Respondents
For Petitioner(s) : Mr. K.P.Raj Singh Deora
(2 of 4)
[CW-15565/2018]
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
09/10/2018
It is submitted by learned counsel for the petitioners that for the same recruitment, similarly situated petitioners had approached Jaipur Bench of this Court in Om Prakash & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017 , which writ petition has been decided on 21.11.2017 granting relief to the petitioners in light of judgment in the case of Hemlata Shrimali & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.3247/2015, decided on 01.04.2015 and relying upon the adjudication in the case of Suman Bai & Anr. v. State of Rajasthan & Ors. : 2009 (1) WLC (Raj.) 381 and, therefore, the present writ petition may also be decided in light of judgment in the case of Om Prakash (supra).
In the case of Om Prakash (supra), the Bench at Jaipur after noticing orders in the case of Hemlata Shrimali (supra) and Suman Bai (supra) observed as under:-
“Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ Petition Number 3247/2015: Hemlata Shrimali & Ors. Versus State of Rajasthan & Ors., decided on 1st Apri., 2015, relying upon the adjudication in the case of Suman Bai & Anr. Versus State of Rajasthan & Ors.: 2009 (1) WLC (Raj.) 381, observing thus:
“5. Upon consideration of the arguments aforesaid and the judgment of the Division Bench in Hari Ram and the subsequent order dated 21.7.2001 whereby clarification application of the State Government was dismissed, I find that the entitlement of the petitioner for appointment on the basis of originally prepared merit list cannot be
(3 of 4)
[CW-15565/2018]
denied. If admittedly the candidates, who are lower in merit, have been granted appointment, those who are above them in the merit cannot be denied such right of appointment. Seniority as per the rules in the case of direct recruitment on the post in question is required to be assigned on the basis of placement of candidates in the select list and when the selection is common and the merit list on the basis of which appointments were made is also common, right to secure appointment to both the set of employees thus flows from their selection which in turn is based on merit. Regard being had to all these facts, merely because one batch of employee approached this Court later and another earlier, and both of them having been appointed, the candidates who appeared 6 lower in merit cannot certainly be placed at a higher place in seniority. It was on this legal analogy that Division Bench of this Court in Niyaz Mohd.Khan (supra) held that the petitioner therein entitled to be placed in seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioner was appointed with consequential benefits.
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petitioners senior to respondents No.4 to 8 as per their placement in the merit list.”
Learned counsel for the petitioners further submits that instant writ application be also disposed off in terms of the order dated 24th May, 2017, as extracted herein above. Ordered accordingly.”
In view of the submissions made, the present writ petition filed by the petitioners is also disposed of in light of order passed in the case of Om Prakash (supra).
(ARUN BHANSALI),J
A.K. Chouhan/-64
2 issues framed by the court
Whether the present writ petition seeking appointment and seniority should be decided in light of the judgment in Om Prakash & Ors. v. State of Rajasthan.
Whether similarly situated petitioners are entitled to appointment and seniority based on the common selection process and merit list.
Colour shows how this judgement treated each authority
Om Prakash & Ors. v. State of Rajasthan & Ors.Relied on¶24
Om Prakash & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017
Hemlata Shrimali & Ors. v. State of Rajasthan & Ors.Referred¶24
Hemlata Shrimali & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.3247/2015
Suman Bai & Anr. v. State of Rajasthan & Ors.Referred¶24
Suman Bai & Anr. v. State of Rajasthan & Ors. : 2009 (1) WLC (Raj.) 381
Jitendra Kumar Suthar & Ors.
State Of Rajasthan
Arun Bhansali
A.K. Chouhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
