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Rajasthan High Court · body

2021 DIGILAW 2167 (RAJ)

Ekta Sharma v. State of Rajasthan

2021-11-18

ARUN BHANSALI

body2021
JUDGMENT It is submitted by learned counsel for the petitioners that the issue raised in the present writ petition is similar to the order passed by a coordinate Bench of this Court in Girija Shankar v. State of Raj. & Ors.: SBCW No. 9246/2020, decided on 25.08.2021 and, therefore, the present petitioners are also entitled to similar relief as granted in the case of Girija Shankar (supra). Learned counsel for the respondents does not dispute this aspect of the matter. In the case of Girija Shankar (supra), a coordinate Bench of this Court, inter alia, observed and directed as under:- "1. Petitioner has approached this Court with the grievance that the respondents have notified 75 posts for Teacher Grade - III Level - II (Subject - English) and they have kept the selection process in abeyance, ignoring the fact that only 5 posts have been filled out of the 75 advertised posts. 2. Mr. Sushil Bishnoi, learned counsel for the petitioner submitted that the issue involved in the present writ petition is covered by the decision dated 09.01.2020 rendered by this Court in case of Mohd. Asalam v. State of Rajasthan & Ors. (SB Civil Writ Petition No.11505/2019). 3. He, however, pointed out a small difference - that in the case of Mohd. Asalam (supra) the concerned subject was Maths/Science, whereas in the present case, the subject is English. 4. Mr. Salman Agha, learned counsel appearing for the respondents is not in a position to dispute the aforesaid position of facts and law. 5. As an upshot of above discussion, the writ petition succeeds. The respondents are directed to prepare a merit list of all the eligible candidates on the basis of selection criteria given in the advertisement (weighted aggregation of the marks obtained in RTET/REET examination and graduation); apply the reservation in accordance with law; call the candidates for documents verification in order of merit in their respective categories and after verification of credentials and examining their otherwise suitability, offer them appointment to the extent of seats available for each category. 6. For the purpose of carrying out above process, the following directions are issued : (i) The respondents shall prepare State level merit list, of course, subject to fulfilling eligibility criteria (If a candidate is entitled for relaxation, the same shall be given). 6. For the purpose of carrying out above process, the following directions are issued : (i) The respondents shall prepare State level merit list, of course, subject to fulfilling eligibility criteria (If a candidate is entitled for relaxation, the same shall be given). (ii) After preparation of merit list, the respondents shall firstly invite candidate from merit No.114 to 500 operating the reservation and carry out their document verification. (iii) List of suitable candidates/select list shall be published, while giving them at least 15 days' time for joining. (iv) In case, categorywise posts are not filled after documents verification of candidates upto merit list No.500 and/or consequent to non-joining of persons selected, the seats remain vacant; the respondents shall publish a press note showing the number of vacant posts (categorywise) and call candidates from amongst merit list Number 500 to 700 for document verification. (v) List of suitable candidates/select list shall be published, while giving them at least 15 days' time for joining. (vi) In case, seats in any category still remain vacant, they will keep on calling candidates in a group of 200 from merit list No.700 to 900; 900- 1100 and so on and do the needful as directed in point No.(ii) and (iii) above. (vii) The process will continue until all the 75 seats are filled or the merit-list/category-wise merit list is exhausted, while applying the law relating to reservation and carry forward of vacancies. (viii) The respondents shall publish list of candidates called for document verification on their official website, while giving the scheduled date(s) and place of document verification. A press release to this effect will also be given in newspaper having circulation throughout the State. 7. No order as to costs. 8. Stay petition stands disposed of accordingly." In view of the submissions made, the petition filed by the petitioners is disposed of with the similar directions as given in the case of Girija Shankar (supra).