Disposed

Deependra Kumar Sharma S/O Murlidhar Sharma v. the State of Rajasthan

Rajasthan HC13 Sept 2021CW/4355/2019

Case brief

AI extract

What is this about?

The High Court at Jaipur disposed of this writ petition as the issues regarding teacher appointments and waiting lists are already settled in Urmila Devi (supra) and further directions issued in Girija Shankar (supra). Relief is contingent upon petitioner eligibility.

What did the court decide?

Petitioners entitled to relief only if they are eligible in terms of directions issued in Urmila Devi and Girija Shankar.

Deependra Kumar Sharma S/O Murlidhar Sharma Vs… — Education and Admissions | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4355/2019

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Deependra Kumar Sharma S/o Murlidhar Sharma, Aged About 34 Years, R/o Santka Bhawan, Manoharpur, District Jaipur (Raj.)

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Mohd. Asalam S/o Mohd. Ganni, Aged About 28 Years, R/ o Ward No.4, Near Karni Maa Temple, Taranagar District Churu (Raj.)

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Shaloo Khandelwal D/o Jaydeep Kumar Khandelwal W/o Yogesh Khandelwal, Aged About 30 Years, R/o 12/108, Kaveri Path, Mansarover, Jaipur (Raj.).

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Pawan Kumar S/o Mangtoo Ram, Aged About 25 Years, R/o Village Rupana Khurd, Sirsa (Haryana)

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Ramkesh Meena S/o Dharmi Lal Meena, Aged About 28 Years, R/o 7, Modaya Dhani, Khaipur, Pundarpada, Tehsil Baswa, District Dausa

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----Petitioners

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Versus

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1. The State Of Rajasthan, Through Its Principal Secretary, Panchayati Raj Department, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.).

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The Director, Elementary Education, Directorate, Bikaner Raj.

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		----Respondents
For Petitioner(s)	: Mr. Vigyan Shah	(through VC)
For Respondent(s)	: Mr. C.L. Saini,A	AG

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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13/09/2021

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This writ petition has been filed by the petitioners seeking the following reliefs:-

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“i) the impugned action of the respondents in not declaring and operating the waiting list for the post of Teacher Grade-III (Level-II) (Science

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(2 of 3)

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[CW-4355/2019]

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Maths) in pursuance to advertisement dated 11.09.2017 and impugned DOP circular dated 26.04.2018 may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside. ii) by issuing the writ of mandamus, order or direction in the nature thereof respondents may kindly be directed to :-

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a) to declare the reshuffle result against ineligible candidates for the post of Teacher Grade-III (Level-II) (Science Maths) in pursuance to advertisement dated 11.09.2017.

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b) to declare the waiting list of advertisement dated 11.09.2017.

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c) to give appointment to humble petitioners on the post of Teacher GradeIII (Level-II) (Science Maths) pursuance to advertisement dated 11.09.2017 with all consequential benefits;

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iii) Any other appropriate order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioners.”

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It is submitted by learned counsel for the petitioners that the issue raised in the present writ petition stands covered by order in Urmila Devi & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.17360/2018, decided on 07.01.2019 (At Jodhpur), against which, D.B. Civil Special Appeal (Writ) No.924/2019 filed by the respondents therein has been dismissed on 07.01.2020 and the SLP preferred by the State being Special Leave to Appeal (C) No.8025/2020 has been withdrawn on 10.08.2021.

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Submissions have been made that subsequent thereto, for the purpose of implementation of the direction, further directions have been issued in Girija Shankar v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.9246/2020, decided on 25.08.2021 (At Jodhpur) and therefore, the respondents be directed to comply with the directions in the case of Urmila Devi (supra) and Girija Shankar (supra), qua the present case also.

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(3 of 3)

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[CW-4355/2019]

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Learned Additional Advocate General made submissions that the State is complying with the directions issued by the Court, however, the petitioners cannot claim any special right and only if, they are eligible, in terms of the directions issued that the petitioners would be entitled to relief.

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In view of the submissions made by learned counsel for the parties, as it is apparent that the issue already stands settled in the case of Urmila Devi (supra), against which, the State has withdrawn its SLP and further directions have been issued in the case of Girija Shankar (supra), the petition filed by the the petitioners is disposed of in light of the said orders.

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Further, the petitioners would be entitled to relief if and only if they are otherwise eligible.

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(ARUN BHANSALI),J

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Rmathur/116

Deependra Kumar Sharma S/O Murlidhar Sharma v. the State of Rajasthan

Case brief

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Deependra Kumar Sharma S/O Murlidhar Sharma v. the State of Rajasthan

Case brief

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