Dinesh Mehta,J. - (1.) In the present writ petitions, the interim orders were passed by this Court while relying upon the statement of learned counsel for the petitioner(s) that the controversy involved in the present writ petitions is identical to that of SBCWP No.9627/2020 wherein the Jaipur Bench of this Court has passed interim order, while issuing notices.
(2.) Today, Mr. Jangid, learned counsel appearing for the respondents at the outset submitted that the controversy involved in the said writ petition (SBCWP NO.9672/2020) has already been decided by the coordinate Bench at Jaipur vide order dated 29.9.2020 passed in SBCWP No.11723/2020 (Mukesh Kanwar and Ors. v. State of Rajasthan and Ors.) holding thus:- "This Court finds that the petitioners had applied for the post of Teacher Grade-II under the advertisement which was issued on 9th April, 2018. Apparently, the petitioners had not joined on the post of Teacher Grade-III at that time and if they have chosen not to join on the lower post of Teacher Grade-III while the selection process for Teacher Grade-II was going on, a right cannot be said to have been created in their favour to continue as Teacher Grade-III and complete their probation period and then join on the post of Teacher Grade-II in order to save their probation period. The Rajasthan Service Rules, 1951 specifically provide forgiving appointment on probation on a particular post as the probation period is for a particular post. Allowing the candidate to complete his probation on another post for joining is neither provided under the service rules nor there is any such provision under service jurisprudence. It is at the option of an individual person whether he or she would like to continue as Teacher Grade-III or would like to join as Teacher Grade-II. This Court in writ of mandamus would not direct the respondents to increase the date of joining of candidates for the post of Teacher Grade-II which is a higher post more so as teachers are required at all levels for the purpose of teaching. No right is found to be created in favour of the petitioners to continue to work as Teacher Grade-III level II till completion of probation one cannot comprehend to allow probation to hold the post of teacher Grade- III and also get the post of Teacher Grade- II reserved for him for future. Learned counsel submits that the period of service rendered on the post of Teacher Grade-III shall go waste. In the opinion of this Court, the said aspect can only be considered and examined after the petitioners on the higher post and complete their probation period on the said post. This aspect is not require to be examined at this stage. In view thereof, no case for interference is made out. The writ petition is found to be devoid of merit and the same is accordingly dismissed. All pending applications are also stands disposed of."
(3.) Since the basic issue involved in the present writ petitions is akin to the issue involved in SBCWP No.11823/2020, which has been dismissed by this Court vide order dated 29.9.2020 and appeal (DBSAW No.687/2020) whereagainst has been dismissed as withdrawn, this Court is not inclined to keep the present petitions pending and posts remaining unfilled.;