This Division Bench disposed of three connected civil special appeals by dismissing them, noting a coordinate bench had dismissed a similar appeal earlier based on established precedents regarding teacher preferences.
All three connected appeals were dismissed.
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 BENCH AT JAIPUR
D.B. Civil Special Appeal Writ No. 600/2013
In
S.B. Civil Writ Petition No. 15859/2012
----Appellants
Versus
Surekha Sharma D/o Shri Ram Kishan Sharma, W/o Late Shri Jitendra Sharma, Gram Hasampura, Post Bhankarota, Ajmer Road, Jaipur Raj.
----Respondent
Connected With
D.B. Civil Special Appeal Writ No. 394/2013 In
S.B. Civil Writ Petition No. 14922/2012
----Appellants
Versus
Abha Sharma Daughter Of Shri Daulat Ram Sharma, 86, Arjun Nagar South, Gopalpura, Jaipur.
----Respondent
(2 of 4)
[SAW-600/2013]
D.B. Civil Special Appeal Writ No. 597/2013
In
S.B. Civil Writ Petition No. 15084/2012
----Appellants
Versus
Anita Gaur D/o Shri Nathu Singh Gaur, Wd/o Late Shri Som Mertiya, Plot No. 620, Barkat Nagar, Tonk Phatak, P.O. Jaipur.
----Respondent
For Appellant(s) : Dr. Ganesh Parihar Additional Advocate General with Mr. Ashish Yadav For Respondent(s) : Mr. Manish Parihar with Mr. Mukesh Choudhary on behalf of Mr. Tanveer Ahamad in D.B. Civil Special Appeal Writ No.600/2013 Mr. Laxmikant Sharma in D.B. Civil Special Appeal Writ No.394/2013
Mr. Ripu Daman Singh Naruka in D.B. Civil Special Appeal Writ No.597/2013
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment / Order
21/11/2019
Vide this order above mentioned three appeals would be disposed of.
(3 of 4)
[SAW-600/2013]
Learned counsel for the parties have submitted that appeals are liable to be dismissed in view of the fact that similar appeal (D.B. Special Appeal Writ No. 593/2013 in S.B. Civil Writ Petition No. 15083/2012) has been dismissed by Co-ordinate Bench of this court vide order dated 23.07.2019.
Order dated 23.07.2019 passed in D.B. Special Appeal Writ No. 593/2013 in S.B. Civil Writ Petition No. 15083/2012 reads as under:-
“This appeal is directed against the judgement of the learned Single Judge dated 11.12.2012. The learned Single Judge dismissed the writ petition of the respondent relying on the judgement of another Single Bench of this Court in Smt. Raj Rani vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.10182/2012 decided on 10.10.2012, wherein the posting of the teachers was directed to be made keeping in view the preference and merit position of the petitioners. However, exception was made with regard to disabled, widow, divorcee and single woman.
The judgement passed by the learned Single Judge at the Principal Seat in Smt. Raj Rani was appealed against. The division bench in D.B. SAW No.1022/2013, State of Rajasthan & Ors. vs. Smt. Raj Rani along with D.B. SAW No.538/17, Santosh Kumari vs. State of Rajasthan & Ors. were decided by the common judgement dated 7.9.2018. By the aforesaid judgement, the appeal filed against the Single Bench
(4 of 4)
[SAW-600/2013]
judgement in Smt. Raj Rani was dismissed relying on the earlier division bench judgement in Bharti Upadhayay vs. State of Rajasthan & Ors., D.B. SAW No.1122/2017 dated 10.8.2018.
In that view of the matter, we do not find any reason to make interference. The present appeal is accordingly dismissed.”
Accordingly, all the appeals are dismissed.
(NARENDRA SINGH DHADDHA),J
(SABINA),J
Mohita /16-18
1 issue framed by the court
Whether similar dismissed appeals justify dismissing the present connected appeals.
Colour shows how this judgement treated each authority
Smt. Raj Rani vs. State of Rajasthan & Ors.Referred¶45
Smt. Raj Rani vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.10182/2012
State of Rajasthan & Ors. vs. Smt. Raj RaniReferred¶46
State of Rajasthan & Ors. vs. Smt. Raj Rani, D.B. SAW No.1022/2013
Santosh Kumari vs. State of Rajasthan & Ors.Referred¶46
Santosh Kumari vs. State of Rajasthan & Ors., D.B. SAW No.538/17
Bharti Upadhayay vs. State of Rajasthan & Ors.Referred¶49
Bharti Upadhayay vs. State of Rajasthan & Ors., D.B. SAW No.1122/2017
Similar AppealDistinguished¶43
D.B. Special Appeal Writ No. 593/2013 in S.B. Civil Writ Petition No. 15083/2012
State Of Rajasthan Through Its Principal Secretary, Department Of Rural Development And Panchayati Raj, Government Of Rajasthan
Surekha Sharma
Sabina
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sabina and Narendra Singh Dhaddha
Parties & counsel
