A writ petition seeking appointment as a Grade-III teacher was dismissed. The petitioner's candidature was rejected over two decades ago due to non-recognition of his degree. The Court held that the selection process was long closed and existing cadres/seniority could not be disturbed.
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.
[2023/RJJP/012144]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2035/2000
Sh. Prakash Chand Jatav S/o Sh. Kishan Lal Jatav, aged about 27 years, R/o village Garu, Tehsil Kathumar, Distt. Alwar
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Nitesh Rawat, Adv. For Respondent(s) : None
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
26/05/2023
“It is, therefore, prayed that this Hon’ble Court be pleased to allow this writ petition and further be pleased to issue appropriate writ order or direction to the following effect:a- To declare the action of respondent, whereby, the petitioner has been denied appointment to post of teacher Grade-III has illegal, arbitrary and unconstitutional.
b- To, direct the respondent to give appointment to the petitioner to the post of teacher Grade-III with effect from the date, persons lower in merit have been given appointment.
c- In other order which is just in proper in the facts and circumstances of the case and in favour of the petitioner to which the petitioner could not make specific prayer but which he deserves in the present facts and circumstances or in the changed facts and
(2 of 3)
[2023/RJJP/012144]
[CW-2035/2000]
circumstances which may occur during the pendency of the writ petition may also be passed.
d- This writ petition be allowed with cost.”
(3 of 3)
[2023/RJJP/012144]
[CW-2035/2000]
and closed and subsequently, several advertisements have been issued and subsequent vacancies have been filled. Now at this stage entire settled position cannot be disturbed by issuing directions in favour of the petitioners which would effect the cadre and seniority of the persons selected in the year 1997.
(ANOOP KUMAR DHAND),J
MR/46
2 issues framed by the court
Whether a writ petition filed several decades after the relevant selection process can interfere with the settled cadre and seniority of appointments made years ago.
Whether the Court can direct appointment to the petitioner when the selection process has been concluded and vacancies filled.
Sh. Prakash Chand Jatav
State of Rajasthan
Chief Executive Officer & Secretary Jila Parishad, Alwar
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
