JUDGEMENT
ARUN BHANSALI,J. -
(1.) In the present writ petition though the petitioners had raised several issues and had sought reliefs (a) to (j), during course of submissions, learned counsel for the petitioners confined the reliefs to (c), (d) and (f), which reads as under:-
"(c)- by an appropriate writ, order or direction, the respondents may kindly be directed to prepare and issue waiting list for the purposes of filling up of the vacancies remained vacant after completion of process of selection and appointment from those candidates who did not join or did not take part in selection and appointment process.
(d)- by an appropriate writ, order or direction, the petitioners may kindly be included in the selection process of recruitment under heading "Rajasthan Primary and Upper Primary School Teacher Direct Recruitment-2018 and considering their marks to touch the cut off marks as fixed by the respondents in this regard. And accordingly the petitioners may kindly be given appointment as Teacher Gr.III (Level-II) in subject English for TSP Area with all consequential benefits.
(f)- by an appropriate writ, order or direction, the respondents may kindly be directed to follow its own Notification (Annex.10) dated 04.07.2016 strictly in accordance to its aim and object."
(2.) It is, inter-alia, submitted by learned counsel for the petitioners that as per Rule 277A of the Rajasthan Panchayati Raj Rules, 1996 ('the Rules') which deals with the procedure and method of direct recruitment for the post of Primary and Upper Primary School Teacher, it is incumbent on the respondents to prepare category-wise select list of the candidates declared successful on the basis of criteria of selection laid down by the State Government and further prepare a list to the extent of 50% of the finally intimated vacancies and keep those candidates on the reserve list.
(3.) It is contended that the respondents had advertised 1492 posts for Teacher (Level-II) English for TSP area, however, the select list, which has been issued by the respondents, merely indicates 1379 candidates. A further submission has been made that in terms of Clause (vii) and (viii) of Rule 277A of the Rules, the list of selected candidates has been sent to the respective Zila Parishads and thereafter, the scrutiny of the documents takes place resulting in several of the candidates, getting excluded on account of their ineligibility. It is also contended that several of the candidates, whose name appear in the select list, have also been selected for higher posts and therefore, those candidates would also be joining pursuant to the select list as sent to the Zila Parishad for appointment, therefore, those lower in merit stand a good chance to get selected if the reserve list is prepared and operated. It is submitted that the respondents have prepared/published the reserve list, which in terms of proviso to Clause (vi) of Rule 277A of the Rules is incumbent on the respondents.;
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