Disposed

Priyanka Daad v. State of Rajasthan

Rajasthan HC7 Sept 2020CW/10335/2019

Case brief

AI extract

What is this about?

Petitioner challenged a transfer order. Court held she falls under Hindi subject category per guidelines. Petition disposed with direction to respondents to pass fresh transfer orders treating her as Hindi subject seniority based on administrative exigency.

What did the court decide?

Direction to respondents to pass fresh transfer orders considering the petitioner in the seniority of Hindi Subject as per administrative exigency.

Priyanka Daad Vs State of Rajasthan — Service and Employment | Rajasthan HC (2020)

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(1 of 2)

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[CW-10335/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 10335/2019

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Priyanka Daad W/o Shri Kuldeep Ajmera, Aged About 35 Years, By Caste Maheshwari, R/o 19, Gokuldham, Opposite Pratap Nagar School, Bhilwara (Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur (Raj.).

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Director, Secondary Education, Bikaner (Rajasthan).

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District Education Officer (Hrqs), Secondary, Bhilwara (Rajasthan).

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Zila Parishad, Bhilwara, Through Chief Executive Officer, Bhilwara (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Mahendra Singh Godara For Respondent(s) : Mr. Vishal Jangid for Mr. Hemant Choudhary, Dy. GA

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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07/09/2020

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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Learned counsel for the petitioner does not seek any intervention on merit after perusing the guideline dated 16.07.2019 and accepts that the petitioner is falling under Clause4 with any two optional subjects and that makes her entitled for category of Hindi subject only.

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(2 of 2)

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[CW-10335/2019]

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Learned counsel for the petitioner makes a limited submission that fresh order may be passed by the respondents while treating her entitlement for category of Hindi Subject only.

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Counsel for the respondent, who has already effectively established before this Court that the category of Social Science shall not be applicable on the petitioner from the guideline dated 16.07.2019 has only reiterated the position that the petitioner falls within a category of entitlement of Hindi subject only.

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Heard learned counsel for parties and perused the record of the case.

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This Court accepts the joint submission. The guideline dated 16.07.2019 is absolutely clear that the petitioner, with two optional subjects apart from English Literature and with one optional subject as Hindi Literature, is falling within the category of Hindi subject only.

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Taking into consideration the fact that the effect and operation of the impugned transfer order is stayed for more than one year till now and the administrative exigency may have changed, the present writ petition is disposed of with a direction to the respondents to pass fresh transfer orders considering the petitioner in the seniority of Hindi Subject, as per administrative exigency.

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(DR. PUSHPENDRA SINGH BHATI),J

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81-Sudheer/-

Priyanka Daad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Priyanka Daad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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