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2022 DIGILAW 2114 (RAJ)

Rajnish Kumar Meena v. State Of Rajasthan

2022-07-26

ARUN BHANSALI

body2022
JUDGMENT 1. These writ petitions have been filed by the petitioners aggrieved against the final eligibility list for review DPC for the year 2019-20 and for DPC for the year 2020-21, whereby the names of the petitioners have not been included. 2. It is, inter alia, indicated in the writ petitions that the petitioners were appointed Teachers Grade-III, Level-2 pursuant to the direct recruitment-2013 for TSP Area. 3. Submissions have been made that in the list issued by the respondents for the purpose of promotion to the post of Senior Teacher, the names of the petitioners were not included in the provisional list prepared for the purpose of consideration by the DPC. 4. The petitioners, raised objections regarding their non-impleadment in the said list, however, the same was not considered and the respondents called for the Annual Performance Appraisal Reports of the candidates, whose names had appeared in the provisional/final list. 5. Feeling aggrieved, the petitioners have filed the present writ petitions, wherein, it was directed by order dated 18.01.2021 that no DPC shall be held for promotion to the post of Senior Teacher (subject-Science) in furtherance of the list of eligible candidates dated 14.10.2020 in SBCW No. 1111/2021. Similar, order was passed in SBCW No. 13614/2020 in relation to the post of Senior Teacher (subject-Mathematics). 6. A reply to the petitions has been filed by the Elementary Education Department as well as Secondary Education Department, inter alia in one voice indicating that at the time of issuing provisional eligibility list dated 24.07.2020 and amended eligibility list dated 14.10.2020, the names of the petitioners could not be included as the same were not received from the District Education Officer (Elementary). Since the names of the petitioners were received only after issuance of final eligibility list for the subject - Science and Mathematics for the year 2020-21, the petitioners were not found eligible for DPC inclusion in for the year 2020-21. 7. Learned counsel for the petitioners and learned counsel for the respondents made submissions in consonance with the pleadings in the petitions and the replies. 8. 7. Learned counsel for the petitioners and learned counsel for the respondents made submissions in consonance with the pleadings in the petitions and the replies. 8. Learned counsel for the petitioners emphasized that only because the respondents - District Education Officer (Elementary)/Office of the District Education Officer, did not forward the names of the petitioners in time, the same cannot be a reason to deprive the petitioners of consideration by the DPC for promotion against the vacancies for the year 2020-21 and, therefore, the respondents be directed to consider the candidature of the petitioners also. 9. Learned counsel appearing for the respondents reemphasized that as the names of the petitioners were not received from the District Education Officer (Elementary), the non inclusion of petitioners' name, cannot be faulted. 10. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. 11. It is not in dispute that but for the delay in receiving the names of the petitioners from the District Education Officer, they are entitled to be included in the list of candidates eligible for consideration by the DPC for the year 2020-21. 12. The fact remains that despite issuance of the final eligibility list by the respondents, the same came to be stayed by this Court and the consideration by the DPC still remains and in those circumstances, the denial of inclusion of petitioners' name in the eligibility list, cannot be sustained. 13. Consequently, the writ petitions filed by the petitioners are allowed. The respondents are directed to include the names of the petitioners in the eligibility list for consideration of DPC for the year 2020-21 for the subject - Science and Mathematics and only thereafter the DPC shall hold its meeting and make recommendations.