Jitendra Kumar Sharma S/o Shri Kishorlal Pareek v. State Of Rajasthan, Through the Secretary, Rural Development and Panchayati Raj Department
2024-01-02
ARUN MONGA
body2024
DigiLaw.ai
ORDER : 1. Petitioners before this court, inter alia, seek issuance of an appropriate writ, order and/or direction commanding the respondents to appoint them as Teacher Grade-III Level-II (English) on the posts lying vacant as per their merit status in reserve list. They had applied for the post pursuant to the advertisement dated 31.07.2018. 2. Succinct facts first, as pleaded. 2.1. Pursuant to an advertisement dated 31.07.2018 for the posts of Teacher Grade-III at district level in all the Zila parishads, the petitioners, being eligible, submitted their application forms in general category. The selection was to be made on the basis of the marks obtained in REET/RTET examination and graduation. 2.2. Result was declared on 03.09.2018 and first subject-wise provisional select list was issued declaring category-wise cut off marks for various categories. The petitioners No. 1 and 2 scored 66.782 marks and 66.75 marks, respectively and were shown in the reserved list. 2.4 The case of the petitioners is that despite the posts lying vacant after the final main list was exhausted, the respondents did not operate the reserve list, denying the benefit of performance to the deserving candidates. Hence, the present writ petition. 3. In the return filed by the respondents, they have taken an unequivocal stand that the cut off marks in general category, even after operating the reserve list are 66.789%. Petitioner no.1, 2 & 3 have secured 66.782, 66.75 & 66.77% marks, respectively. The petitioners thus secured less than the cut off marks. No further affidavit / rejoinder has been filed by the petitioner controverting the aforesaid stand taken by the respondents. 4. In the aforementioned backdrop, I have heard the rival arguments, which are on the lines of respective pleadings. 5. Record reflects that after issuance of waiting list, as per the information received from Zila Parishad / District Education Officer, Elementary Education (Headquarter) the Education Department on 08.02.2020 depicted 506 vacant posts pertaining to Level-II English. However, in pursuance to direction given by this Court in a collateral writ proceedings in the matter Kuldeep Kumar & Ors. Vs. State of Raj. & Ors. (SBCWP No.2049/2019) along with the other 16 connected matters, the State issued a letter dated 18.12.2020 to fill the vacant post as per the reserve/waiting List.
However, in pursuance to direction given by this Court in a collateral writ proceedings in the matter Kuldeep Kumar & Ors. Vs. State of Raj. & Ors. (SBCWP No.2049/2019) along with the other 16 connected matters, the State issued a letter dated 18.12.2020 to fill the vacant post as per the reserve/waiting List. In compliance thereof, the department operated category wise Reserve List as on 11.01.2021 pertaining to Level-II English and the candidates were selected provisionally and allotted districts vide an order dated 18.01.2021. 6. It is also deposed in the counter affidavit filed on behalf of the respondents that Education Department duly operated waiting / reserve list qua the 506 vacant posts. Pursuant thereto, in all the respective categories, except ST and Sehariya, the vacant seats have been filled. Due to unavailability of the candidates, 152 posts thus remained vacant in ST and Sehariya categories. Conceded position is that the petitioners are general category candidates and no posts in said category are lying vacant after operating waiting / reserve list. I thus find no merit in their claim to appoint them in general category, merely because posts are vacant in the other categories in which they are/were not eligible to be considered. 7. As an upshot of the discussion herein above, no relief can be granted to the petitioner as the waiting list has not only been rightly acted upon, but the same stands exhausted and the successful candidates have been given appointment letters as per their merit. 8. Writ petition is dismissed accordingly. 9. Pending application(s), if any, shall also stand disposed of.