In a writ petition seeking appointment to vacant teaching posts, the court disposed of the matter by relying on a previous judgment by the Jaipur Bench, holding that it was not res integra.
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. 1503/2020
(2 of 3)
[CW-1503/2020]
----Petitioners
Versus
----Respondents For Petitioner(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. Manish Tak
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/09/2020
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
This writ petition under Article 226 of the Constitution of India is preferred for the following relief:-
“(i) By appropriate writ order or direction, in the nature thereof and thereby direct the respondents that the post on which selected candidates not joined or resigned, all of them would be treated as vacant posts.
(ii) By appropriate writ order or direction, in the nature thereof and thereby direct the respondents to appoint the petitioners on the vacant posts of teacher Grade-III Level-II with all consequential benefits.”
(3 of 3)
[CW-1503/2020]
Counsel for the parties fairly agree that the controversy involved in this writ petition is no more res-integra in view of the judgment given by Jaipur Bench of this Court in D.B. Special Appeal Writ No.908/2017 (Namonarayan Sharma & Ors. Vs. State of Rajasthan & Ors.), decided on 08.01.2020,however, counsel for the respondents submits that in case any indulgence is granted by Apex Court in the challenge to the said judgment, to that extent the result may be protected.
In light of the limited submissions, the writ petition stands disposed of on the same terms as laid down in the case of Namonarayan Sharma (supra) with the protection. Needless to say in case a challenge is made to the order in the matter of Namonarayan Sharma (supra) before the Apex Court and any changes are made, the same shall govern the issue.
(PUSHPENDRA SINGH BHATI),J
66-Sanjay/-
1 issue framed by the court
Whether the writ petition should be disposed of in light of a previous judgment by the Jaipur Bench of this court
Colour shows how this judgement treated each authority
Namonarayan Sharma & Ors. Vs. State of Rajasthan & Ors.Relied on¶37
D.B. Special Appeal Writ No.908/2017 (Namonarayan Sharma & Ors. Vs. State of Rajasthan & Ors.)
Vijay Kumar and others
State of Rajasthan and others
Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
