CHANDRA SHEKHAR DAVE S/O SH. MISHRI LAL Vs. THE STATE OF RAJASTHAN
LAWS(RAJ)-2017-5-217
HIGH COURT OF RAJASTHAN
Decided on May 26,2017

Chandra Shekhar Dave S/O Sh. Mishri Lal Appellant
VERSUS
The State Of Rajasthan Respondents

JUDGEMENT

DINESH MEHTA,J. - (1.) The petitioners, working as Lecturers (School Education) with the Respondent State have preferred the present writ petitions, with the following prayers:- "(a) To consider the candidature of suitable and eligible candidates both from the lecturer (School Education) and Headmaster (Secondary School) by strictly operating the ratio of 67:33 against the available 2843 vacancies for the year 2017-18. (b) That the methodology adopted by the respondents in reserving the vacancies on the basis of ratio against the total sanctioned posts of Principal may kindly be declared illegal. c) That a direction be issued to the respondents that after considering the candidature of the eligible candidates against the available vacancies of 2843 the eligible candidates may be promoted with all the consequential benefits."
(2.) Shorn of unwarranted narration, the facts appertain for deciding the present controversy are that the petitioners are School Lecturers, whose services are governed by the Rajasthan Educational Service Rules, 1970 (hereinafter referred to as 'the Rules of 1970').
(3.) They are all aspirants for promotion to the post of Principal, which post is meant to be filled in 100% by promotion, for which feeder posts were Head Masters and School Lecturers in equal proportion, till the amendment brought into effect by the Notification dated 25.03.2015, known as Rajasthan Educational Service (Amendment) Rules, 2015. As the State Government decided to upgrade all Secondary Schools to Senior Secondary Schools, it became imperative for the State to amend Column No. 3 of the relevant part of the Schedule, changing quota of School Lecturer and Head Master from 50% each to 67% and 33% respectively.;


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