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Santu Ram Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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Rajasthan HC
2023
Santu Ram Vs State of RajasthanSantu Ram v. State of Rajasthan

Disposed

Santu Ram v. State of Rajasthan

Rajasthan HC20 Jan 2023CW/1090/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking direction to consider the petitioner's representation for posting in a vacant post. It directed the petitioner to file a fresh representation within two weeks and ordered the competent authority to decide it within six weeks.

What did the court decide?

Direction to file fresh representation within two weeks and authority to decide same within six weeks; stay application also disposed.

What the court decided

AI extract

Outcome

Direction to file fresh representation within two weeks and authority to decide same within six weeks; stay application also disposed.

Issue for consideration

Whether an order directing the petitioner to file a fresh representation for posting in a vacant post is maintainable under Article 226.

Detailed headnote1 paragraphs

The Court issued directions to facilitate expeditious redressal of the grievance regarding vacant posts. The petitioner was directed to submit a fresh representation along with copies of the earlier representation and the instant order. The competent authority was directed to decide the representation within six weeks, clarifying that the direction does not mandate a specific decision outcome.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 1090/2023

Santu Ram S/o Shri Ram Karan, Aged About 41 Years, Village Bagas, Dhandhan, Fatehpur Districtr Sikar, Rajasthan.

----Petitioner

Versus

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

Director, Secondary Education Department, Bikaner, District Bikaner, Rajasthan.

District Education Officer, Secondary Education (Hq. Ors) Nagaur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Vikram Singh Bhati

JUSTICE DINESH MEHTA

Order

20/01/2023

Learned counsel for the petitioner submits that the petitioner would be satisfied, if an appropriate direction is issued to the respondents to consider petitioner’s representation to be posted at a nearby place, in accordance with law, where concerned post is lying vacant.

The present writ petition is, therefore, disposed of with the direction to the petitioner to address a fresh representation before the competent authority pointing out vacant posts within a period of two weeks along with photostat copy of the earlier representation and certified copy of the order instant.

(2 of 2) [CW-1090/2023]

In case, such representation is filed by the petitioner, the competent authority shall decide the same, in accordance with law, preferably within a period of six weeks from the receipt thereof.

It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner’s grievance. The same may not be construed to be an order to decide the representation in a particular manner.

The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

208-akansha/-

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether an order directing the petitioner to file a fresh representation for posting in a vacant post is maintainable under Article 226.

Parties & counsel

AI extract

petitioner
Santu Ram
respondent
State Of Rajasthan

Coram

AI extract

DINESH MEHTA

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 20 Jan 2023 · January
Registered: 17 Jan 2023
Case no.: CW/1090/2023
CNR: RJHC010048702023
Topic: Service and Employment
Bench: Dinesh Mehta
Disposal: DISMISSED

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Cite this judgement

Santu Ram v. State of Rajasthan, CW/1090/2023 (RJ), decided on 20 January 2023.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

DINESH MEHTA

Parties & counsel