- (1.) Mr. Ganesh Meena appears for respondents. Hence, service is complete. With the consent of learned counsel for the parties, the matter is being disposed of today itself.
(2.) By way of this petition, the petitioner has prayed for the following relief (i) The impugned posting order dated 12.4.2018 whereby humble petitioner has been posted in Range Kota instead of Range Jaipur, may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside on this ground alone. (ii) The respondents may kindly be directed by issuing writ of mandamus, order or direction in the nature thereof to post humble petitioner in Range Jaipur having post of Teacher Grade II (Social Science) with all consequential benefits including seniority. Learned counsel for the petitioner submits that the issue raised in the petition is covered by the decision of co-ordinate Bench of this Court in Suresh Kumar Chhipa Vs. State of Raj. and ors., S.B. Civil Writ Petition No. 6222/2017 decided on 26.4.2017 which reads as under: ....varnacular text....
(3.) Learned counsel for the petitioner, at the outset, submits that the controversy raised, in the instant writ application, stands resolved in view of the adjudication made by a Coordinate Bench of this Court in the case of Smt. Anju Meena v. State of Rajasthan and Ors. S.B. Civil Writ Petition Number 2226 of 2014; holding thus Issue notice. Copies of the writ petitions have been supplied to Shri S.K. Gupta, Additional Advocate General for the State. All these writ petitions have been filed by petitioners working on the post of Teacher Grade-II, Teacher Grade-III and Headmasters, contending that their posting as per instructions of the Government ought to be made as far as possible in the district of their choice on the basis of their merit position. Petitioners have in this connection relied on Circular dated 11/09/2013 issued by the Principal Secretary to Government in its Department of School Education in respect of the Head Masters selected for appointment through Rajasthan Public Service Commission and another Circular dated 03/08/2012 issued by the Additional Chief Secretary of the Government for Rural Development and Panchayati Raj Department in respect of Teachers Gr.II and Gr.III selected for appointment in Primary and Upper Primary Schools of the State. Learned counsel for the petitioners submitted that a similar writ petition pertaining to Teacher Grade-III was allowed by this Court in S.B. Civil Writ Petition No.15668/2012 Monika Meel Vs. The Dy.Director, Secondary Education, Jaipur vide order dated 3/10/2012 on the basis of statement made on behalf of the respondent-State that posting in the district of choice would be given to the candidates as per their merit- cum-preference. However, it was also given out that in case of disabled, divorcee, widow and single female, preference will be given to the place of their choice irrespective of their merit position. If any conflict arises in regard to preference inter-se between them, preference would be given to the candidates belonging to any one of these four categories on the basis of hisher merit. Learned counsel for the petitioners have also argued that while some of the candidates have been accommodated within the district of their choicepreference on the basis of merit but the petitioners have not been afforded similar treatment. Learned Additional Advocate General appearing for the State submitted that the government is prepared to consider request of the petitioners as per instructions issued by it from time to time in regard to posting. If the instructions dated 03/08/2012 and 11/09/2013 continues to be operative, the government upon petitioners approaching, would consider their request subject to their merit-cumpreference depending on the availability of vacancies in a given district. ;