Dismissed

Gendalal Damor v. State of Rajasthan

Rajasthan HC15 Nov 2021CW/7940/2021

Case brief

AI extract

What is this about?

This order dismisses multiple connected writ petitions wherein petitioners sought directions to hold direct recruitment for District Education Officer posts under repealed 1970 Rules. The High Court held that the 2021 Rules repealed the old provision for direct recruitment, mandating 100% promotions instead. The petitioners could not claim vested rights to enforce the repealed rules, and their ple

What did the court decide?

The writ petitions were dismissed; the court advised the petitioners to question the validity of the new Rules of 2021 if desired.

Gendalal Damor Vs State of Rajasthan — Service and Employment | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 7940/2021

¶3

Gendalal Damor S/o Shri Kamla Shankar Damor, Aged About 45 Years, Village Manakpura, Tehsil Sagwada, District Dungerpur (Raj.) At Present Posted As Principal, Eklavya Maudle Residential School, Parda, Chundawat, Tehsil Sabla, District Dungerpur (Raj.).

¶4

Mohan Kumar Soni S/o Shri Puranmal Soni, Aged About 45 Years, D-200, Agarsen Nagar, District Churu (Raj.) At Present Posted As Principal, Government Senior Secondary School, Jandwa Ratangarh, District Churu (Raj.).

¶5

Jagdish Prasad S/o Bhura Ram Kumhar, Aged About 45 Years, Om Colony, Ward No. 31, District Churu (Raj.) At Present Posted As Principal, Government Senior Secondary School, Rajaldashar, Ratangarh, District Churu (Raj.).

¶6

Sumitra Bamaniya W/o Shri Kanhaiya Lal Bamaniya, Aged About 40 Years, Mata Ji Ka Mohalla, Naya Talab, District Banswara (Raj.). At Present Posted As Principal, Government Girls Senior Secondary School, Gahri, District Banswara (Raj.).

¶7

Suraj Patidar S/o Shri Ramesh Chandra Patidar, Aged About 41 Years, Village Post Kotda, Tehsil Ghari, District Banswara (Raj.). At Present Posted As A.d.e.o. Elementary Head Quarter, Banswara (Raj.).

¶8

Neetu Sharma W/o Shri Pawan Kumar, Aged About 43 Years, 7 - G - 15, Jawaharnagar, District Sriganganagar (Raj.) At Present Posted As Principal, Government Girls Senior Secondary School, Beenjbayala, District Sriganganagar (Raj.).

¶9

Rajesh Prasad Thakur S/o Shri Girjashankar Thakur, Aged About 43 Years, Shivmarg, Barodiya, District Banswara (Raj.) At Present Posted As Principal Government Senior Secondary School, Jhupel, District Banswara (Raj.).

¶10

----Petitioners

¶11

Versus

¶12

State Of Rajasthan, Through The Secretary To The Government, Department Of Secondary Education, Secretariat, Jaipur.

¶13

The Director, Secondary Education, Bikaner.

¶14

----Respondents

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Connected With

¶16

S.B. Civil Writ Petition No. 7752/2021

¶17

Prem Dan S/o Sh. Awar Dan, Aged About 42 Years, Resident Of 63, Derwa, Karamsotan, District Nagaur (Raj.).

----Petitioner

(2 of 5)

Versus

State Of Rajasthan, Through The Secretary To The Government, Department Of Secondary Education, Secretariat, Jaipur.

¶22

The Director, Secondary Education, Bikaner.

¶23

----Respondents

¶24

S.B. Civil Writ Petition No. 8506/2021

¶25

Sumitra Bamaniya W/o Shri Kanhaiya Lal Bamaniya, Aged About 40 Years, Resident Of Mata Ji Ka Mohalla, Naya Talab, District Banswara (Raj.) At Present Posted As Principal, Government Girls Senior Secondary School, Gahri District Banswara (Raj.).

¶26

----Petitioner

¶27

Versus

¶28

State Of Rajasthan, Through The Secretary To The Government, Department Of Secondary Education, Secretariat, Jaipur.

¶29

The Director, Secondary Education, Bikaner.

¶30

Ramesh Chandra Patidar S/o Sh. Madhav Ji, At Present Posted At Government Senior Secondary School Partapur, Madalda, Tehsil Garhi, Banswara.

¶31

Vijendra Singh Chouhan S/o Satyendra Singh, Aged About 55 Years, Resident Of 915 Rajendra Nagar Extension, Pali, District Pali.

¶32

----Respondents

¶33

S.B. Civil Writ Petition No. 8576/2021

¶34

Mohan Kumar Soni S/o Shri Purnamal Soni, Aged About 45 Years, Resident Of D-200, Agarsen Nagar, District Churu (Raj.). At Present Posted As Principal Government Senior Secondary School, Jandwa Ratangarh, District Churu (Raj.).

¶35

----Petitioner

¶36

Versus

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1. The State Of Rajasthan, Through The Secretary To The Government, Department Of Secondary Education, Secretariat, Jaipur.

¶38

The Director, Secondary Education, Bikaner.

¶39

Shri Gopal Krishna Joshi S/o Shri Girija Shankar Joshi, Resident Of Gss, Basla, Bagidora, Banswara.

¶40

Shri Jaideep Purohit S/o Shri Bhaiya Lal Purohit, Resident Of Gss Sagvadiya Garhi, Banswara.

¶41

Shri Vasumitra Soni S/o Shri Hari Narayan Soni, Resident Of Mgss Peepalkhunt Pratapgarh.

¶42

Gayatri Swarnkar, Resident Of Gsss Badgaon Talwara, Sharda Colony, Banswara.

¶43

Shri Ramesh Chandra Patidar S/o Shri Madhavji, Resident Of Gss Partapur, Madalda Garhi, Banswara.

¶44

----Respondents

¶45

(3 of 5)

¶46

S.B. Civil Writ Petition No. 8577/2021

¶47

Jagdish Prasad S/o Bhura Ram Kumhar, Aged About 45 Years, Resident Of Om Colony, Ward No. 31, District Churu (Raj.) At Present Posted At Principal, Government Senior Secondary School, Rajaldashar, Ratangarh District Churu (Raj.).

¶48

----Petitioner

¶49

Versus

¶50

State Of Rajasthan, Through The Secretary To The Government, Department Of Secondary Education, Secretariat, Jaipur.

¶51

The Director, Secondary Education, Bikaner.

¶52

Shri Gopal Krishna Joshi S/o Shri Girija Shankar Joshi, Posted As Gss, Basla, Bagidora, Banswara.

¶53

Shri Jaideep Purohit, Posted As Gss Sagvadiya Garhi, Banswara.

¶54

Shri Vasumitra Soni, Posted As Mgss Peepalkhunt Pratapgarh.

¶55

Gayatri Swarnkar, Posted As Gsss Badgaon Talwara, Sharda Colony, Banswara.

¶56

Shri Ramesh Chandra Patidar, Posted As Gss Partapur, Madalda Garhi, Banswara.

¶57

----Respondents

¶58

For Petitioner(s)	: Mr. Manoj Bhandari. Mr. B.S. Sandhu.
For Respondent(s)	: Mr. M.S. Singhvi, Advocate General through V.C. assisted by Mr. K.S. Lodha. Mr. Hemant Choudhary, G.C.
	Mr. Vishal Jangid, Dy. G.C. Mr. Kuldeep Mathur. Dr. Nupur Bhati.

¶59

HON'BLE MR. JUSTICE ARUN BHANSALI

¶60

Order

¶61

15/11/2021

¶62

These writ petitions have been filed by the petitioners seeking directions to the respondents to hold direct recruitment for the post of District Education Officer in terms of the Rajasthan Educational Service Rules, 1970 (‘Rules of 1970’), wherein 50% of the posts are required to be filled-up by way of direct recruitment.

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(4 of 5)

¶64

Submissions have been made that for over 23 years, direct recruitment for the post has not been held. Though the petitioners are eligible, on the one hand, they could not compete for the same on the other hand, all the posts are being filled-up by way of promotion by resorting to proviso (1) to Rule 6(2) of the Rules of 1970, which is not justified.

¶65

During the pendency of the present writ petition, the State has promulgated Rajasthan Educational (State & Subordinate) Service Rules, 2021 (‘Rules of 2021’), wherein the Rules of 1970 have been repealed and the schedule also stands amended, whereby, now the post of District Education Officer is required to be filled-up 100% by promotion.

¶66

Learned counsel for the petitioners attempted to make submissions that irrespective of repeal of the Rules, the respondents are required to determine the posts to be filled-up by direct recruitment under the Rules of 1970 and hold direct recruitment.

¶67

Learned Advocate General made submissions that once the Rules have been repealed and under the new Rules, there is no provision for direct recruitment, the plea now sought to be raised seeking enforcement of repealed Rules for the purpose of direct recruitment, cannot be countenanced and, therefore, the petitions deserve to be dismissed.

¶68

I have considered the submissions made by learned counsel for the parties and have perused the material available on record.

¶69

Admittedly, the Rules of 1970, stand repealed by the Rules of 2021. By way of present writ petition, the petitioners are seeking enforcement of the repealed provisions. The petitioners cannot claim any vested right so as to seek invoking of repealed Rules of

¶70

(5 of 5)

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1970 for the purpose of direct recruitment in terms of the said Rules of 1970.

¶72

Once the provision of direct recruitment stands repealed and now the posts are to be filled-up 100% by promotion, the plea sought to be raised seeking enforcement of the repealed Rules of 1970, cannot be accepted.

¶73

Consequently, the writ petitions as filed have no substance, the same are, therefore, dismissed.

¶74

In case advised, the petitioners would be free to question the validity of the Rules of 2021.

¶75

(ARUN BHANSALI),J

¶76

17to 21-PKS/-

Gendalal Damor v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gendalal Damor v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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