Dismissed
Samiksha Arya D/O Vedvrata Arya v. the State of Rajasthan
Rajasthan HCCW/1482/2021
Case brief
from the order text
What is this about?
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
What the court decided
AI extract
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR…
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
S.B. Civil Writ Petition No. 1482/2021
Samiksha Arya D/o Vedvrata Arya, Aged About 32 Years, R/o Shiwaji Colony, Gali No. 18, Newai, District Tonk, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sandeep Kalwania For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
15/02/2021
The petitioner was appointed on 28.09.2018 at Chittorgarh upon being selected as Teacher Gr.-III. The petitioner has filed this present writ petition on the ground that the Director has now operated the reserved list and the persons in the reserved list have now been posted at the parent District of the petitioner which was opted by the petitioner as her first choice.
Learned counsel for the petitioner submits that petitioner himself given option to join at her parent district.
This Court finds that such is not the provision of Rule. The option of different districts is to be considered at the time of appointment. It is not the case of the petitioner that any person
(2 of 2)
[CW-1482/2021]
lesser in merit at the time of appointment in 2018 was posted in the home district which was first choice of the petitioner, however, reserved list is operated on different fields. Altogether, it is when persons already allotted a particular district failed to join that post gets available for candidates from the reserved list. Thus the reserved list would operate on the existing vacancies in different districts and therefore entire merit between the reserved list candidates alone would be required to be operated upon. The main list which is already operated upon earlier and the appointments made earlier need not be again disturbed otherwise it would be never ending the process as reserved list mainly operated once or even twice.
In view thereof, the contention of the petitioner is found to be without merit. The writ petition is accordingly dismissed.
All pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
POORAN CHAND GUPTA 45/ 104
2 issues framed by the court
Whether the petitioner is entitled to a post in her parent district through the operation of the reserved list after failing to join initially.
Whether the main list appointments should be disturbed to accommodate candidates from the reserved list based on preference.
Samiksha Arya
The State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court