Dismissed

Siddarth v. Kendriya Vidyalaya Sangathan

Rajasthan HC3 Mar 2022CW/2844/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a writ petition challenging the rejection of permission for the petitioner to apply for direct recruitment in the Territorial Army. The Court found that a disciplinary enquiry against the petitioner had been instituted before the application was rejected, making him ineligible under the relevant Office Memorandum.

What did the court decide?

The writ petition and the stay application have been rejected as being devoid of merit.

Siddarth Vs Kendriya Vidyalaya Sangathan — Service and Employment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Civil Writ Petition No. 2844/2022

¶3

Siddarth S/o Shri Rajpal, Aged About 36 Years, Posted At Kendriya Vidyalaya, Uttarlai, Barmer (Raj.).

¶4

----Petitioner

¶5

Versus

¶6

Kendriya Vidyalaya Sangathan, Through The Commissioner, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi 110016.

¶7

The Deputy Commissioner, Kendriya Vidyalaya Sangathan (R.o.), 92, Gandhi Nagar Marg, Bajaj Nagar, Jaipur 302016.

¶8

Union Of India, Through The Additional Directorate General Of Territorial Army, Gs Branch, L Block, Church Road New Delhi-01.

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Jog Singh For Respondent(s) : --

¶11

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

¶12

Order

¶13

03/03/2022

¶14

The instant writ petition has been filed by the petitioner Siddarth Malik for assailing the order dated 25.01.2022 passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur rejecting the O.A. No.290/14/2022 filed by the petitioner to quash the order dated 16.08.2021 whereby permission was denied to the petitioner from applying for direct recruitment in the Territorial Army.

¶15

(2 of 3)

¶16

[CW-2844/2022]

¶17

The petitioner was serving as a Trained Graduate Teacher in the Kendriya Vidyalaya, Uttarlai, Barmer. He filed his candidature for commission in the Territorial Army (‘TA’). However, the Kendriya Vidayalaya Sangathan, rejected the application of the petitioner for permission to appear in the selection process by order dated 16.08.2021 which was assailed by the petitioner by filing the subject original application in the Central Administrative Tribunal which has been dismissed as above.

¶18

Shri Jog Singh, learned counsel representing the petitioner vehemently and fervently urged that pursuant to filling the application form for Commission in the Territorial Army, the petitioner cleared the written examination and was aspiring to appear in the interview but without any justification, the prayer of the petitioner for grant of permission to appear in the recruitment process initiated for the Territorial Army was turned down by order dated 16.08.2021. He contended that the Tribunal has wrongly observed that the petitioner is not entitled to be considered for direct recruitment to the Territorial Army in light of the DoPT Office Memorandum dated 14.07.1993, no charge-sheet had been issued to the petitioner till the issuance of the letter dated 16.08.2021.

¶19

We have heard and considered the submissions advanced by the counsel representing the petitioner and have gone through the impugned order and the record.

¶20

The fact that a disciplinary enquiry has been instituted against the petitioner has been admitted in the letter dated 25.01.2022 forwarded by the petitioner to the competent authority through email. The fact regarding institution of disciplinary enquiry and issuance of charge-sheet is also manifest

¶21

(3 of 3)

¶22

[CW-2844/2022]

¶23

from the record because charges have been framed against the petitioner in the disciplinary enquiry before the order denying the permission to the petitioner from applying in Territorial Army and are annexed as Annexures-1, 2 & 3 with this writ petition.

¶24

In this background, apparently, the appellant was not eligible to be granted permission for direct recruitment in the Territorial Army by virtue of Clause 3 (ii) of the Office Memorandum dated 14.07.1993. We find no illegality, infirmity or irregularity in the impugned order dated 25.01.2022 passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur warranting interference therein. Hence, the writ petition as well as the stay application are rejected as being devoid of merit.

¶25

(VINOD KUMAR BHARWANI),J

¶26

(SANDEEP MEHTA),J

¶27

40-Sudhir Asopa/-

Siddarth v. Kendriya Vidyalaya Sangathan

Case brief

What is this about?

What did the court decide?

Siddarth v. Kendriya Vidyalaya Sangathan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhagwan Lal Sharma Vs State of Rajasthan

Narpat Singh Vs the State of Rajasthan

Assistant Commissioner Vs M/S Bhansali Engineering Polymers Limited

Rajendra @ Goru Vs State

Tulsi Ram Vs State of Rajasthan

Masra Ram Vs State of Rajasthan