Allowed

Vijay Sharma v. State of Rajasthan

Rajasthan HC26 Jul 2022CW/13614/2020

Case brief

AI extract

What is this about?

Petitioners challenged their non-inclusion in DPC eligibility lists for promotion to Senior Teachers. Court held delay by District Education Officer in forwarding names was not a bar, especially given the stay order, and directed inclusion for 2020-21.

What did the court decide?

Respondents directed to include petitioners in the eligibility list for DPC consideration for the year 2020-21 for Science and Mathematics posts.

Vijay Sharma Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 1111/2021

¶3

Rajnish Kumar Meena S/o Jagdish Chandra Meena, Aged About 31 Years, Vilalge Badod-2, P-Gada Morraiya, Tehsil And District Dungarpur.

¶4

Vikram Singh Masar S/o Devi Singh Masar, Aged About 29 Years, Village Post Sendola, Tehsil Chikhali, District Dungarpur.

¶5

Basant Lal Bhagora S/o Lakhama Bhagora, Aged About 35 Years, M.p. Dhamod, Tehsil Bichhiwara, District Dungarpur.

¶6

Ashok Kumar Meena S/o Babu Lal Meena, Aged About 30 Years, Village Ramabawri, Post Sagwara, Tehsil Rishabhdev, District Udaipur.

¶7

Malika Tribedi D/o Nand Kishor Trivedi, Aged About 33 Years, Village Sundra, Tehsil Kherwara, District Udaipur.

¶8

Rekha Trivedi D/o Vasudev Trivedi, Aged About 38 Years, Village Karakalan, Block Jhallara, Tehsil Salumbar, District Udaipur.

¶9

Kalpana Jain D/o Badami Lal Jain, Aged About 35 Years, Kharwado Ka Mohalla, Near Nagda Jain Mandir, Salumbar, District Udaipur.

¶10

Naresh Kumar Choubisa S/o Radheyshyam Choubisa, Aged About 36 Years, Khai Mohalla, Bahar Ka Sahar, Shree Purohit Sadan, Salumbar, District Udaipur.

¶11

Asha Kumari Ahari D/o Jeeva Ahari, Aged About 30 Years, Asadiwada, Post Dhana, Tehsil Kherwara, District Udaipur.

¶12

Navin Kumar Asoda S/o Kava Asoda, Aged About 29 Years, Village Daiyawada, Post Deri, Tehsil Kherwara, District Udaipur.

¶13

Kalu Ram Meena S/o Mani Lal, Aged About 33 Years, Village Asariwada, Post Dhana, Tehsil Khairwara, District Udaipur.

¶14

Banshi Lal Patel S/o Nathu Lal Patel, Aged About 35 Years, Village And Post Bhanada, Tehsil Kherwara, District Udaipur.

----Petitioners

(2 of 9)

Versus

State Of Rajasthan, Through The Secretary, Education Department, Govt. Rajasthan, Secretariat, Jaipur.

¶19

The Principal Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Rajasthan, Jaipur.

¶20

The Director, Secondary Education, Rajasthan, Bikanar. 4. The Joint Director (School Education), Udaipur Division, Udaipur.

¶21

The District Education Officer (Headquarter), Elementary Education, Udaipur.

¶22

The District Education Officer, Secondary, Udaipur.

¶23

The District Education Officer (Headquarter), Elementary Education, Dungarpur.

¶24

The District Education Officer, Secondary, Dungarpur.

¶25

Mayur Panwar S/o Nana Lal Panwar, Pipli Chowk, Danpur, Banswara, Dist. Banswara, Rajasthan.

¶26

Jeevatram Katara S/o Rupa Katara, Aged About 36 Years, Heron Dem, Haron, Kanji Ka Gara, Banswara, Dist. Banswara, Rajasthan.

¶27

Ruplal Ninama S/o Gautam Ninama, Aged About 37 Years, Ward No.05, Jhapa Pada Mohalla Mudasel, Post Mudasel, Tehsil Ghatol, Mudasel, Banswara, Dist. Banswara, Rajasthan.

¶28

Mohan Lal S/o Acharat Lal Patel, Aged About 37 Years, Village Arthuna, Near Sanskrit School, Tehsil Arthuna, Dist. Banswara, Rajasthan.

¶29

Chhagan Lal S/o Jheetha, Aged About 36 Years, Padla Mokha Padla Mokha, Barkiya, Itala, Dist. Banswara, Rajasthan.

¶30

Hemant S/o Lala Adivasi, Aged About 33 Years, Saredi, Bhilan, Suwala, Dist. Banswara, Rajasthan.

¶31

Nirmal Kumar Kalauva S/o Bhurji Kalauva, Aged About 34 Years, Pateliya, Pindarama, Dist. Banswara, Rajasthan.

¶32

Savita Nagda W/o Ramesh Joshi, Aged About 39 Years, Bal Hanuman Mandir Ki Gali Shiv Colony, Banswara, Dist. Banswara Rajasthan.

¶33

Pratiksha Nagar W/o Dhaval Jha, Aged About 40 Years, Noriya Gali, Ganpati Chowk (Rural), Dist. Banswara,

¶34

(3 of 9)

¶35

Rajasthan.

¶36

Nagendra Singh Chouhan S/o Madan Singh Chouhan, Aged About 38 Years, Kotra Bada Banswara, Dist. Banswara, Rajasthan.

¶37

Yatin Kumar Jain S/o Kailash Chandra Jain, Aged About 30 Years, Jain Mohalla, Paloda, Banswara, Dist. Banswara, Rajasthan.

¶38

Shilpa Jain W/o Yatendra Kumar Shah, Aged About 35 Years, Jain Mohalla, Arthuna, Banswara, Dist. Banswara, Rajasthan.

¶39

Mayank Thakur S/o Dinesh Chandra Thakur, Aged About 36 Years, 178, Nh-113, Barodiya, Dwarikesh Willa Brahman Mohalla, Itauwa, Barodiya, Banswara, Dist. Banswara, Rajasthan.

¶40

Manisha Kalal W/o Pankaj Kumar Patel, Aged About 35 Years, Kalal Wada Aasoda, Asora, Asoda, Banswara, Dist. Banswara, Rajasthan.

¶41

Dinesh Chandra Roat S/o Gotam Lal Roat, Aged About 30 Years, Roato Ka Fala, Vpo Gariyata, Tehsil Galiyakot, Gariyata, Dungarpur, Dist. Dungarpur, Rajasthan.

¶42

Himanshu Bhatt S/o Narendra Kumar Bhatt, Aged About 34 Years, Opp. Hari Mandir Hadi Rani Marg, Salumber, Dist. Udaipur, Rajasthan.

¶43

Hemendra Giri Gusai S/o Balwant Giri Gusai, Aged About 29 Years, Upla Fala Intali Khera, Tehsil Salumber, Near Shvi Puri Gat Itali Khera, Dist. Udaipur, Rajasthan.

¶44

Anil Ameta S/o Devi Lal Ameta, Aged About 42 Years, Village Nai, Tehsil Girwa, Dist. Udaipur, Rajasthan.

¶45

Raj Kumar Paliwal S/o Ratanlal Paliwal, Aged About 34 Years, Punawali, Tehsil Gogunda, Udaipur, Dist. Udaipur, Rajasthan.

¶46

Ishwar Lal Latta S/o Kailash Chandra, Aged About 31 Years, Saroli, Udaipur, Dist. Udaipur, Rajasthan.

¶47

Shanker Lal Meena S/o Meghraj, Aged About 33 Years, House No.307, Mokat Nathara, Tehsil Sarada, Udaipur, Dist. Udaipur, Rajasthan.

¶48

Mahendra Singh Meena S/o Surendra Kumar Meena, Aged About 34 Years, Bovas, Tehsil Sarada Bobas, Piladhar Sarada, Udaipur, Dist. Udaipur, Rajasthan.

¶49

(4 of 9)

¶50

Trivikram Mod S/o Navnit Lal Mod, Aged About 41 Years, 189, Chavand, Tehsil Sarada, Chawand, Udaipur, Dist. Udaipur, Rajasthan.

¶51

Keshav Lal Meena S/o Sarsingh Meena, Aged About 36 Years, Jambuda Khankhal, Post Shyampura, Tehsil Sarada, Dist. Udaipur, Rajasthan.

¶52

Sunder Lal Meena S/o Dharma Meena, Aged About 31 Years, 151, Dingadi, Dhavdiya, Sarada, Dhawadiya, Mahuwara, Udaipur, Dist. Udaipur, Rajasthan.

¶53

Vishal Bhatt S/o Gopesh Chander Bhatt, Aged About 39 Years, R/o 21, Nayi Abadi, Arnod, Tehsil Arnod, District Pratapgarh, Rajasthan.

¶54

Rakesh Paliwal S/o Shantilal Paliwal, Aged About 39 Years, R/o Nayi Abadi, Pratapgarh, District Pratapgarh, Rajasthan.

¶55

Vijay Kumar Meena S/o Uday Lal Meena, Aged About 30 Years, R/o Mukam Post Kerwas, Pratapgarh, District Pratapgarh, Rajasthan.

¶56

Pushpraj Singh Sisodia S/o Komal Singh Sisodia, Aged About 36 Years, R/o Gandhinagar, Dhariyavad, District Pratapgarh, Rajasthan.

¶57

Rajesh Kumar Paliwal S/o Ghanshyam Paliwal, Aged About 38 Years, R/o Ahinsa Nagar, Pratapgarh, District Pratapgarh, Rajasthan.

¶58

Manish Meena S/o Mangilal Meena, Aged About 31 Years, R/o Sidhpura, Tehsil Pratapgarh, District Pratapgarh, Rajasthan.

¶59

Lalit Meena S/o Bhanji Meena, Aged About 33 Years, R/o Kerwas, Tehsil Pratapgarh, District Pratapgarh, Rajasthan.

¶60

Nanuram Meena S/o Ramju Meena, Aged About 36 Years, R/o Chikli Sevna, Tehsil Arnod, District Pratapgarh, Rajasthan.

¶61

Balu Lal Meena S/o Prem Lal Meena, Aged About 35 Years, R/o Kerwas, Pratapgarh, District Pratapgarh, Rajasthan.

¶62

Ramkanya Kumawat D/o Mohan Lal Kumawat, Aged About 41 Years, R/o Areyapati Road, Pardesi Colony, Tehsil Pratapgarh, District Pratapgarh, Rajasthan.

¶63

N Sarita D/o P Nand Gopal, Aged About 43 Years, R/o G-7

¶64

(5 of 9)

¶65

Bhairav Bihar Arnod, Tehsil Pratapgarh, District Pratapgarh, Rajasthan.

¶66

Vinita Meena D/o Arjun Lal Meena, Aged About 33 Years, R/o Water Works Road, Pratapgarh,tehsil And District Pratapgarh, Rajasthan.

¶67

Gahri Lal Labana S/o Dayanand Labana, Aged About 41 Years, R/o Khuta Tanda, Tehsil Dhariyabad, District Pratapgarh, Rajasthan.

¶68

Prakash Chander Meena S/o Ratan Lal Meena, Aged About 35 Years, R/o Nagdeda, Tehsil Arnod, District Pratapgarh, Rajasthan.

¶69

Shakti Singh Rajpoot S/o Ashok Singh Rajpoot, Aged About 31 Years, R/o Kalyanpura Road Dhariyabad, District Pratapgarh, Rajasthan.

¶70

Nazima Khan D/o Zafarullah Khan, Aged About 33 Years, R/o Near Ashok Nagar College, Tehsil Pratapgarh, District Pratapgarh, Rajasthan.

¶71

Satyanidhi Sharma D/o Krishna Kumar Sharma, Aged About 39 Years, R/o Village And Post Bardiya, Tehsil Pratapgarh, District Pratapgarh, Rajasthan.

¶72

Shankar Lal Meena S/o Arjun Lal Meena, Aged About 37 Years, R/o Devgarh, Tehsil Pratapgarh, District Pratapgarh, Rajasthan.

¶73

Gypsy Stainli S/o Stainli, Aged About 38 Years, R/o Velocity, Tehsil And District Pratapgarh, Rajasthan.

¶74

Mala Kumari Meena D/o Ramlal Meena, Aged About 31 Years, R/o Bamotar, Tehsil And District Pratapgarh, Rajasthan.

¶75

Vinod Kumar Meena S/o Nathulal Meena, Aged About 33 Years, R/o Bhandla, Tehsil Dhariyabad, District Pratapgarh, Rajasthan.

¶76

Gautam Lal Meena S/o Rangji Meena, Aged About 32 Years, R/o Baba Kheda, Tehsil And District Pratapgarh, Rajasthan.

¶77

Bahadur Singh Maida S/o Jeewatram Maida, R/o Naldan, Post Kela Mela, Tehsil Peepalkhunt, District Pratapgarh, Rajasthan.

¶78

Bhupender Kumar Meena S/o Foolshankar Meena, R/o Sevanagar, Post Awan, Tehsil Dhariyabad, District Pratapgarh, Rajasthan.

¶79

(6 of 9)

¶80

Ramchander Ninama S/o Bhagwaniya, R/o Ghantali, Tehsil Peepalkhunt, District Pratapgarh, Rajasthan.

¶81

Ashok Kumar Ninama S/o Kamalashankar Ninama, R/o Nayan, Peepalkhunt, District Pratapgarh, Rajasthan.

¶82

Sakarchand Meena S/o Ratanlal Meena, R/o Heerawas, Jawaharnagar, Tehsil Dhariyabad, District Pratapgarh, Rajasthan.

¶83

Raghunand Meena S/o Dalichand Meena, R/o Parel, Tehsil Dhariyabad, District Pratapgarh, Rajasthan.

¶84

----Respondents

¶85

Connected With

¶86

S.B. Civil Writ Petition No. 13614/2020

¶87

Vijay Sharma S/o Jai Prakash Sewak, Aged About 33 Years, Resident Of Nagda Temple, Talab Road, Salumber, District Udaipur.

¶88

Kalpana Ameta D/o Harivallabh Ameta, Aged About 31 Years, Resident Of Durga Chowk, Village Nai, Tehsil Girwa, District Udaipur.

¶89

----Petitioners

¶90

Versus

¶91

State Of Rajasthan, Through Secretary, Education Department, Govt. Rajasthan, Secretariat, Jaipur.

¶92

The Principal Secretary, Rural Development And Panchayati Raj Department, Government Secretariat, Rajasthan, Jaipur.

¶93

The Director, Secondary Education, Rajasthan, Bikaner. 4. The Joint Director (School Education), Udaipur Division, Udaipur.

¶94

The District Education Officer (Headquarter), Elementary Education, Udaipur.

¶95

The District Education Officer, Secondary, Udaipur.

¶96

----Respondents

¶97

For Petitioner(s) : Mr. Hanuman Singh Choudhary. For Respondent(s) : Ms. Bhawna Jangid, Dy. G.C. Mr. Vishal Jangid, Dy. G.C. Mr. T.S. Rathore. Mr. Ashwini Kumar Sharma.

¶98

(7 of 9)

¶99

HON'BLE MR. JUSTICE ARUN BHANSALI

¶100

Order

¶101

26/07/2022

¶102

These writ petitions have been filed by the petitioners aggrieved against the final eligibility list for review DPC for the year 2019-20 and for DPC for the year 2020-21, whereby the names of the petitioners have not been included.

¶103

It is, inter alia, indicated in the writ petitions that the petitioners were appointed Teachers Grade-III, Level-2 pursuant to the direct recruitment-2013 for TSP Area.

¶104

Submissions have been made that in the list issued by the respondents for the purpose of promotion to the post of Senior Teacher, the names of the petitioners were not included in the provisional list prepared for the purpose of consideration by the DPC.

¶105

The petitioners, raised objections regarding their nonimpleadment in the said list, however, the same was not considered and the respondents called for the Annual Performance Appraisal Reports of the candidates, whose names had appeared in the provisional/final list.

¶106

Feeling aggrieved, the petitioners have filed the present writ petitions, wherein, it was directed by order dated 18.01.2021 that no DPC shall be held for promotion to the post of Senior Teacher (subject-Science) in furtherance of the list of eligible candidates dated 14.10.2020 in SBCW No. 1111/2021. Similar, order was passed in SBCW No. 13614/2020 in relation to the post of Senior Teacher (subject-Mathematics).

¶107

A reply to the petitions has been filed by the Elementary Education Department as well as Secondary Education

¶108

(8 of 9)

¶109

Department, inter alia in one voice indicating that at the time of issuing provisional eligibility list dated 24.07.2020 and amended eligibility list dated 14.10.2020, the names of the petitioners could not be included as the same were not received from the District Education Officer (Elementary). Since the names of the petitioners were received only after issuance of final eligibility list for the subject – Science and Mathematics for the year 2020-21, the petitioners were not found eligible for DPC inclusion in for the year 2020-21.

¶110

Learned counsel for the petitioners and learned counsel for the respondents made submissions in consonance with the pleadings in the petitions and the replies.

¶111

Learned counsel for the petitioners emphasized that only because the respondents – District Education Officer (Elementary) / Office of the District Education Officer, did not forward the names of the petitioners in time, the same cannot be a reason to deprive the petitioners of consideration by the DPC for promotion against the vacancies for the year 2020-21 and, therefore, the respondents be directed to consider the candidature of the petitioners also.

¶112

Learned counsel appearing for the respondents reemphasized that as the names of the petitioners were not received from the District Education Officer (Elementary), the noninclusion of petitioners’ name, cannot be faulted.

¶113

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

¶114

It is not in dispute that but for the delay in receiving the names of the petitioners from the District Education Officer, they

¶115

(9 of 9)

¶116

are entitled to be included in the list of candidates eligible for consideration by the DPC for the year 2020-21.

¶117

The fact remains that despite issuance of the final eligibility list by the respondents, the same came to be stayed by this Court and the consideration by the DPC still remains and in those circumstances, the denial of inclusion of petitioners’ name in the eligibility list, cannot be sustained.

¶118

Consequently, the writ petitions filed by the petitioners are allowed. The respondents are directed to include the names of the petitioners in the eligibility list for consideration of DPC for the year 2020-21 for the subject – Science and Mathematics and only thereafter the DPC shall hold its meeting and make recommendations.

¶119

(ARUN BHANSALI),J

¶120

178 & 179-PKS/-

Vijay Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vijay Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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