Disposed

Bhanu Priya Sunda v. the State of Rajasthan

Rajasthan HC7 Feb 2024CW/1456/2024

Case brief

AI extract

What is this about?

A Lecturer (Biology) selected through a 2022 recruitment sought posting in her home district Churu despite being posted to Jaipur Rural. The court held placement postings are administrative matters not claimable as a right but disposed of the petition directing the competent authority to decide her pending representation afresh within two months.

What did the court decide?

Directive to competent authority to decide petitioner's pending representation dated 20.10.2023 by fresh administrative order within two months, considering merit and mitigating factors.

Bhanu Priya Sunda Vs the State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:6374]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1456/2024

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Bhanu Priya Sunda D/o Sh. Munni Lal Sunda, Aged About 27 Years, Behind Roadways Depot, Ward No. 25, Sardarshahar, 331403, Churu Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Education (Group - Iii) Department, Jaipur, Rajasthan.

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The Director, Secondary Education Department, Bikaner, Rajasthan.

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The Joint Director (Personnel), Secondary Education Department, Bikaner, Rajasthan.

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The Joint Director, Secondary Education Department, Churu, Rajasthan.

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----Respondents

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For Petitioner(s)	: Ms. Varsha Bissa.
For Respondent(s)	:

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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07/02/2024

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Prayer herein, inter alia, is that through an appropriate writ, order, or direction that the respondents be commanded to allocate a favorable place of posting to the petitioner in District Churu, in accordance with the available vacant posts resulting from the recruitment process initiated vide advertisement dated 28.04.2022.

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First, the succinct facts as presented in the petition:

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2.1. The respondents issued an advertisement dated 28.04.2022 for the appointment to the position of Lecturer in School

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Education. The respondent department advertised a total of 162 posts for the subject of Biology. The petitioner appeared for the examination and was successful by scoring above the cutoff marks. Consequently, Rajasthan Public Service Commission, issued a merit list wherein the petitioner's Roll no. '157271' was included among the names of successful candidates in the main select list.

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2.3. Following this, the petitioner was summoned by the respondent authorities for district allotment and was ultimately appointed by order dated 05.10.2023 in Jaipur Rural District under the Rajasthan Education Department. It is noteworthy that despite being ranked third in merit, she was not assigned to her Home district.

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2.4. The respondents themselves solicited options and preferences for place of posting, and contemporaries of the petitioner in different subjects such as Political Science and History were granted their preferred places of posting. Upon enquiry, the petitioner discovered numerous vacant posts in her subject and her district, i.e., Churu. However, the respondents did not consider these vacancies and denied her the opportunity for a favorable place of posting in her home district. Hence, this petition.

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In the above backdrop, I have heard the arguments.

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Petitioner's learned counsel vehemently asserts that despite the petitioner's high scores (being a topper and 3^rd in merit list) in the selection process, she was not given the chance to select her preferred district for placement. Learned counsel further highlights that the petitioner hails from District Churu, and as confirmed by

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the RTI information provided in Annexure-7, there are vacant Biology teacher positions in the said district.

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However, despite seeking options from the petitioner, she was neither permitted to opt for Churu nor did the online portal of the respondents display any vacancies in the said district, contrary to the actual situation according to the RTI information. Learned counsel further argues that the petitioner, an unmarried young lady, requires family support and would face undue hardships if forced to relocate from Churu to Jaipur Rural, where she has been posted. This would necessitate her making independent living arrangements, subjecting her to an insecure environment at the new workplace.

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Learned counsel argues that even the Constitution of India, under Article 15 (Sub-Article-3), allows the State to make special provisions for women and children.

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On the contrary, learned counsel contends that instead of granting preferential treatment to the petitioner as an unmarried woman, she is being subjected to hostile discrimination compared to others who have been given the choice of posting, despite the petitioner's position on the merit list.

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I am of the view that this Court, ordinarily, ought not to intervene in matters of placement and transfers, as they are determined by administrative exigencies within the department. It is established that transfer and placement postings cannot be claimed as a matter of right, and their denial does not constitute punishment, as it is based on the requirements of the Government

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(4of 4) [CW-1456/2024]

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[2024:RJ-JD:6374]

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employee's service at the assigned location, depending on administrative needs.

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Nevertheless, since the representation dated 20.10.2023 (Annexure-8) is pending with the competent authority, this writ petition is disposed of with a directive to the competent authority to take up the aforementioned representation by passing a fresh administrative order. It would be appreciated that the order to be so passed shall be after duly taking into count mitigating factors as well as merit of the petitioner and contentions as noted above. Needful be done within a period of two months.

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(ARUN MONGA),J

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162-Jitender/Mrityunjay Singh Rathore

Bhanu Priya Sunda v. the State of Rajasthan

Case brief

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Bhanu Priya Sunda v. the State of Rajasthan

Case brief

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