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2019 DIGILAW 945 (RAJ)

Bharat Raj Kayath v. State of Rajasthan

2019-03-29

ALOK SHARMA

body2019
ORDER : Alok Sharma, J. 1. The petitioner was appointed as Special Teacher on 9.9.2013 on the post of Teacher Grade-III Level-II in the subject of Social Study in the visual impairment (VI) category albeit he did not possess the requisite qualification/eligibility to be appointed as such. Consequently his appointment was cancelled vide order dated 12.9.2014. 2. SBCWP No. 9909/2014 at the petitioner's instance inevitably was filed against the cancellation of his aforesaid appointment. The petitioner was given interim protection and allowed to continue as Special Teacher. Vide final order dated 8.8.2018 in SBCWP No. 9909/2014 the Court found that the petitioner did indeed not have the requisite qualification to be appointed as Special Teacher in the subject of Social Study lacking in the requisite mandatory Diploma in Special Education as he was. The Court yet noting that the petitioner had continued under its interim order as Special Teacher for a period of about 5 years, invoked its equitable extraordinary jurisdiction and directed that as he admittedly had the eligibility/qualification to be appointed as General Teacher Grade-III Level-II in the subject of Social Study, he be so appointed. In so doing the Court recorded the undertaking of the petitioner by way of an affidavit as filed in the petition before it that he was prepared to be appointed in District Jhalawar as General Teacher Grade-III Level-II in the subject of Social Study against future vacancies. 3. Following the Court's order, the petitioner was put through counselling where he sought appointment as General Teacher Grade-III Level-II in the subject of Social Study at the Government Upper Primary School, Village Borda, Gram Panchayat Dola, Panchayat Samiti Sunel, District Jhalawar. He has since been appointed in that capacity. 4. The petitioner is however yet again before this Court, this time on the specious ground that his posting at Government Upper Primary School, Village Borda, Gram Panchayat Dola, Panchayat Samiti Sunel, District Jhalawar at the distance of 102 km from his residence is inconvenient, for reason of his visual impairment as a result of which he is suffering grave hardship. On that fact alone, he has prayed that the respondents be directed to consider the petitioner's representation for his posting at a School nearer to his residence in Village Kanvakda, Tehsil Khanpur, District Jhalawar. 5. On that fact alone, he has prayed that the respondents be directed to consider the petitioner's representation for his posting at a School nearer to his residence in Village Kanvakda, Tehsil Khanpur, District Jhalawar. 5. It was put to counsel for the petitioner as to what legal right the petitioner had to be posted at a place nearer his residence and why the relief sought should be granted more so in view of the fact that he had in the course of counselling specifically sought posting as Teacher Grade-III Level-II in the subject of Social Study at the Government Upper Primary School, Village Borda, Panchayat Samiti Sunel, District Jhalawar-where he is admittedly posted. Counsel submitted that the petitioner had no legal right but was only seeking the sympathy of the Court and appropriate directions. 6. A petition under Article 226 of the Constitution of India is to for the protection of legal and fundamental rights or enforcement of statutory duty owed to a citizen. None of the aforesaid situations are admittedly made out in the instant case. It is not the function of the Court's to interfere with the administration of Education Department on the basis of sympathy alone. If this Court were to interfere in the matter of postings without seized of administrative compulsions of the competent authority it would be acting in excess of jurisdiction and in breach of the constitutionally ordained separation of powers between the executive of judiciary. 7. In view of the overall facts of the case, I find no force in the petition. The petitioner shall however be free to approach the competent authority by way of a representation and seek a more convenient posting. If the competent authority then finds on facts before it that as per its extant policy the petitioner as a disabled person with low vision entitled to sympathetic consideration as to his posting, appropriate orders on the petitioner's representation be passed within six weeks of its receipt. 8. Petition accordingly disposed of.