Petitioner sought posting in District Sikar as Lab Assistant after being allotted District Dholpur. Court dismissed writ petition, holding petitioner was negligent for failing to submit options within time despite multiple reminders.
Writ petition dismissed; no direction for posting in District Sikar granted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 26097/2018
Priyanka D/o Shri Shrawan Kumar, Aged About 21 Years, Resident Of Village Mailasi, Th-Dhod, Jheegar Chhoti, Sikar, Jheegar Chhoti, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) For Respondent(s)
: Mr. Sandeep Saxena : Mr. S.Zakawat Ali, Addl. G.C.
HON'BLE MR. JUSTICE INDERJEET SINGH Order
11/08/2021
This writ petition has been filed with the following prayers;
“It is therefore, most respectfully prayed that this writ petition may kindly be allowed and call the entire record relating to the aforesaid case and by issued the appropriate writ, order or direction and respondents may directed to given posting to the petitioner on the post of Lab Assistant in district Sikar pursuant to the order dated 07.02.2018.
Any other order which this Hon'ble Court deemed fit in the circumstances of the case may kindly be passed in favour of the petitioner. If any prejudicial order to the interest of the petitioner is passed during the pendency of the writ petition, same may kindly be taken on record and be pleased to be quashed and set aside”.
Brief facts of the case are that in pursuance of the
advertisement issued by the respondents in the year 2016, the
(2 of 4) [CW-26097/2018]
petitioner applied for the post of Lab Assistant Grade-III. The petitioner appeared in the selection process and as per result dated 07.02.2018, the petitioner was selected for the said post and the respondents have allotted District Dholpur to the petitioner vide order dated 12.02.2018. The grievance of the petitioner is that she has not been allotted District Sikar as per her choice despite being higher in merit.
The grievance of the petitioner has been mentioned in Para-4 of the writ petition which reads as under:-
Learned counsel appearing of behalf of the respondent(s) filed reply to the writ petition and in Paras 3 & 4, it is stated as
under:-
[CW-26097/2018]
(3 of 4)
this regard choice of districts on preference basis was sought from the candidates on the departmental website. On obtaining the recommendation of the appointment of the petitioner at merit No.2079 (OBCF) at merit No.10.01.2018, the department vide its letter dated 16.01.2018 sought option from the petitioner on mail ID of the department till 6:00 pm on 28.01.2018. Thereafter, the department again vide its letter dated 03.02.2018 sought options on 05.02.2018 and 06.02.2018 upto 6:00 PM, from the candidates whose earlier options were not received/found not legible. But till the aforesaid period the option of the petitioner was not received. Thereafter as per the guidelines and policy of the department for allotment of district to such candidates, whose options were not obtained till last date, they were considered agaisnt the seats of their category against the district in which seats of that category found vacant more than other districts and accordingly the Dholpur district was allotted to the petitioner as per guidelines and policy of the department.
Counsel for the respondents submitted that the petitioner herself was negligent in not submitting the option form for allotment of District Sikar as per her choice till the last date despite three opportunities given by the respondents to the petitioner to fill her choice.
Heard counsel for the parties and perused the record.
This writ petition filed by the petitioner deserves to be dismissed for the reasons; firstly, the petitioner herself was negligent in not submitting the option form to the respondent(s) within the prescribed time limit; secondly, the Courts help the vigilant persons and not the negligent persons like petitioner; thirdly, in the facts and circumstances of the present case, I am
[CW-26097/2018]
(4 of 4)
not inclined to exercise the extra-ordinary jurisdiction of this Court
under Article -226 of the Constitution of India.
Hence, this writ petition is dismissed.
(INDERJEET SINGH),J
CHETNA BEHRANI /200
1 issue framed by the court
Whether the writ court should exercise extraordinary jurisdiction to quash a posting order issued due to the petitioner's failure to submit district options on time.
Colour shows how this judgement treated each authority
Monika Meena & Ors. V/s State of RajasthanReferred¶23
Monika Meena & Ors. V/s State of Rajasthan
Priyanka D/o Shri Shrawan Kumar
State Of Rajasthan, Through Director, Secondary Education
The District Education Officer, Dholpur
The District Education Officer, Sikar
Inderjeet Singh
As recorded by the court registry
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