This order disposes of a writ petition for appointment as a Teacher by relying on a recent precedent. The Court directs the respondent to consider the petitioner's eligibility based on the cited judgment and permit counseling.
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 Petition No.3779/ 2018
Puneeta
----Petitioner
Versus
State of Rajasthan & Ors.
----Respondent
For Petitioner(s) : Mr.Sushil Bishnoi
For Respondent(s) : Mr.Dinesh Ojha, Assisting Counsel to
Mr.P.R.Singh AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/03/2018
“(i) by an appropriate writ, order or direction, it may kindly be declared that the petitioner is being eligible and suitable for the appointment on the post of Teacher Grade III Level II (English) as she has studied the English subject for all three year during graduation study course and fulfill the requirement of eligibility of post Teacher Grade III Level II (English) and further the respondent may kindly be directed to give the appointment on the said post pursuant to advertisement dated 11.09.2017.
(ii) The respondent may kindly be directed to allow the petitioner in counseling for the posting at Teacher Grade III Level II (English) and District Barmer or other District of Rajasthan as per her merit.”
(2 of 3)
Petition No.3162/2018 decided on 05.03.2018) , which reads as under:-
“a) by an appropriate writ, order or direction, the act and action of the respondents in ousting the petitioners from appointment on the post of Teacher Grade III (Level II) (English) pursuant to advertisement dated 11.9.2017 (Annex.2) may kindly be declared highly illegal, arbitrary, unjust and the same may kindly be quashed and set aside.
b) by an appropriate writ, order or direction, the respondents may kindly be directed to consider candidature of the petitioners on the post of Teacher Grade III (Level II) (English).
c) by an appropriate writ, order or direction, the respondents may kindly be directed to allow the petitioners in the counselling scheduled to be held on 7th & 8th March, 2018.
d) by an appropriate writ, order or direction, the respondents may kindly be directed to provide appointment to the petitioners on the post of Teacher Grade III (Level II) (English) as per their merit, seniority and already allotted district.
e) Any other appropriate writ, order or direction which this Hon`ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
f) Writ petition filed by the petitioner may kindly be allowed with costs.”
(3 of 3)
2. Counsel for the petitioner submits that the petitioners participated in the selection process for the post of Teacher Grade-III (Level II) in pursuance of advertisement dated 11.9.2017, however, the respondents have omitted their names from select list on the count that they do not have English subject in their graduation being an optional subject.
3. Counsel for the respondent is not in a position to refute that English is not optional or equivalent subject.
4. Thus, the present writ petition is disposed of with a direction to the respondents that if English subject of petitioners is found to be optional or of equivalent nature, then appropriate appointment shall be given to them in accordance with their merit position within a period of 30 days from today. Such consideration shall be made by the respondents by a detailed speaking order within a period of 30 days from today. Further, till such consideration of the petitioners is being made by the respondents, the petitioners shall be permitted to participate in counselling. ”
(DR. PUSHPENDRA SINGH BHATI)J.
Skant/-
Colour shows how this judgement treated each authority
Ved Pal & Ors. vs State of Rajasthan & Ors.Relied on¶18
Ved Pal & Ors. The State of Rajasthan & Anr. (S.B. Civil Writ Petition No.3162/2018)
Puneeta
State of Rajasthan
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
