Single Judge disposed of a writ petition for teacher recruitment based on a related precedent, directing the State to process petitioners' migration requests without finalizing selection until completed.
State directed to consider petitioners' migration requests within 30 days via speaking order, including counseling, before finalizing selection.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 16702/2018
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Vikram Singh Bhati. For Respondent(s) : Ms. Deepika Purohit for Mr. P.R. Singh, AAG.
JUSTICE DINESH MEHTA
Order
02/11/2018
It is submitted by learned counsel for the petitioners that the issue raised in the present writ petition is squarely covered by the judgment in the case of Manish Kumar Nagda & Ors. v. State of Rajasthan & Ors. : SBCWP No.8529/2018 decided on 23.07.2018.
Learned counsel for the respondents submits that though the issue raised is similar to that of Manish Kumar Nagda (supra), the State Government has challenged the validity of the judgment before the Division Bench wherein notices have been issued.
(2 of 3)
[CW-16702/2018]
In view of the above fact situation, the writ petition filed by the petitioners is decided in terms of the judgment in the case of Manish Kumar Nagda (supra). However, it goes without saying that in case the judgment in the case of Manish Kumar Nagda (supra) is varied by the Division Bench, the same would apply to the case of petitioner.
In the case of Manish Kumar Nagda (supra), the Court has
directed as under :-
“30. This Court completely follows such precedent law of Bharat Singh (supra), and while giving such purposive interpretation to the applicability of the notification dated 19.05.2018, this Court directs the respondents to permit the petitioners, who give in writing within 20 days from today, that they wish to migrate from advertisement 01/2018 dated 12.04.2018 to the advertisement No.02/2018 dated 12.04.2018. However, this Court makes it clear that those persons, who have not filled their forms before 07.05.2018, in pursuance of either of the advertisement, would not be entitled for any benefit arising out of this judgment.
In view of the above, the writ petition filed by the petitioners stand disposed of with a direction to the respondents to consider
(3 of 3)
[CW-16702/2018]
the case of the petitioners in light of the judgment in the case of Manish Kumar Nagda (supra), within a period of 30 days from today by passing a speaking order. Necessary consideration shall made, which shall include issuance of necessary certificate and consideration on eligibility. It is made clear that the necessary consideration, as stated above, shall include permitting the petitioners for counseling or any other component of the selection process which shall remain subject to final outcome of the consideration made by the respondents in accordance with the aforesaid order.
(DINESH MEHTA),J.
Sumit-84
2 issues framed by the court
Whether petitioners are entitled to migrate from Advertisement 01/2018 to Advertisement 02/2018 for teacher posts.
Whether the selection process must be completed before considering migrated candidates.
Colour shows how this judgement treated each authority
Manish Kumar Nagda & Ors. v. State of Rajasthan & Ors.Relied on¶16
Manish Kumar Nagda & Ors. v. State of Rajasthan & Ors. : SBCWP No.8529/2018
Bharat Singh (supra)Followed¶21
3 provisions across 3 enactments
Talsa Ram
Tulsi Ram Meghwal
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
