Dismissed

Pooja Kumari Chouhan D/O Bijendra Singh Chouhan v. the State of Rajasthan

Rajasthan HC18 Feb 2021CW/1531/2021

Case brief

AI extract

What is this about?

This court dismissed the writ petition filed by an employee appointed from the main list. The hold that such employees cannot claim a reshuffle based on waiting list postings, ruling that it would create an unending process of vacancies and appointments.

What did the court decide?

No relief granted; the writ petition was dismissed and pending applications disposed.

Pooja Kumari Chouhan D/O Bijendra Singh Chouhan Vs… — Service and Employment | Rajasthan HC (2021)

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(1 of 2)

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[CW-1531/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1531/2021

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Pooja Kumari Chouhan D/o Bijendra Singh Chouhan, Aged About 28 Years, R/o Vpo Bhandari, Androoni, Tehsil Todabhim, District Karauli Rajasthan.

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----Petitioner

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Versus

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

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The Director, Primary Education, Rajasthan, Bikaner.

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Chief Executive Officer, Zila Parishad, Bikaner, Rajasthan.

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The District Education Officer (Elementary), Bikaner, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Shivatma Kumar Tank For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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18/02/2021

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The petitioner was appointed in the year 2019 as per the main list and given posting according to her merit. However, the petitioner has challenged the posting being given now from the waiting list on the ground that if there is any vacancy in the home district, she should be given home district as candidates have been appointed from waiting list.

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In the opinion of this court, this would be a never ending process. The persons who have been appointed in the main list can have parity with the persons who are appointed under the said list alone. However, those who are appointed from waiting

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(2 of 2)

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[CW-1531/2021]

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list, are only those candidates who are to fill vacancies arising out of non-joining from the main list. Such vacancies would therefore be arising in different districts. The candidates who are from the waiting list would therefore have to treat as class apart from those who are appointed from the main list. On the ground of posting of reserved list candidates, the petitioner who was appointed as per her merit in the main list cannot claim reshuffle again. It would be an unending process because the waiting list may be continuously operated upon for filling up the vacancies on account of nonjoining.

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In view thereof, no case for interference is made out. The writ petition is accordingly dismissed.

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All pending applications shall stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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POORAN CHAND GUPTA /45-169

Pooja Kumari Chouhan D/O Bijendra Singh Chouhan v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pooja Kumari Chouhan D/O Bijendra Singh Chouhan v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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