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2019 DIGILAW 1532 (RAJ)

Monika v. State of Rajasthan

2019-05-16

ARUN BHANSALI

body2019
JUDGMENT : ARUN BHANSALI, J. 1. It is submitted by learned counsel for the petitioner that similarly situated persons have approached this Court by filing S.B.C.W.P. No. 3504/2018, Brahamdev Pareek and Others vs. State of Rajasthan and Others, decided on 15.03.2018, wherein, this Court based on judgment in the case of Ram Avtar Singh and Others vs. State (Education Department) and Others, S.B.C.W.P. No. 14499/2016, decided on 29.11.2016 at Jaipur Bench, which judgment has been followed in Pradeep Kumar and Others vs. State of Rajasthan and Others, S.B.C.W.P. No. 1579/2017, decided on 05.07.2017, directed the respondents as under:- "After hearing learned counsel for the parties, present petition is disposed of by issuing following directions:- (a) That the petitioners shall submit representation before the respondents which shall be duly considered by the respondents by passing a speaking order before circulating the provisional seniority list. (b) That the respondents before finalization of seniority list, shall circulate a provisional seniority list inviting objections from all concerned. (c) That in case the petitioners are still aggrieved by the provisional seniority list, they may file objections upon circulation of the provisional seniority list. (d) That the objections to be filed by the petitioners shall be decided by the respondents by passing a speaking order." 2. It is submitted that instead of issuing a complete list of all the Senior Teachers and affording them opportunity as directed by the Court, the respondents have simply issued list pertaining to the petitioners, who had approached this Court and, therefore, the petitioner may also be accorded similar order as in the case of Brahamdev Pareek (supra). 3. It is surprising that the respondents instead of issuing a complete seniority list, have chosen to publish seniority of only those persons, who have approached this Court, which appears to be wholly incorrect on their part. 4. In view thereof, the petition is disposed of, the respondents are directed to circulate the complete seniority list of Senior Teachers (Hindi) inviting objections from all concerned and if petitioner is aggrieved, he would be free to file objections and after deciding the objections, the respondents would finalize the seniority list.