Rama Charan Vs. State of Raj. and ors - Court Judgment

Excerpt:

.....are making appointments on the post of teachers as per provisions of rajasthan panchayati raj act, 1994 (hereinafter referred to as 'the act of 1994') and rajasthan panchayati raj rules, 1996 (hereinafter referred to as the 'rules of 1996'). the amendment made in various service rules while exercising powers under proviso to article 309 of the constitution of india is having no application for recruitment that is to be made under the act of 1994 and the rules framed thereunder. besides the above, the notification dated 24.1.2011 is having application to the services created under the service rules referred in schedule appended with the rajasthan various service (amendment) rules, 2011. that schedule too nowhere refers its application for the services created under the panchayati raj rules, 1996. the writ petition, as such, is having no merit, hence dismissed. (govind mathur), j.sanjay

Judgment:

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B. CIVIL WRIT PETITION NO.10895/2012 Rama Charan Versus State of Rajasthan & Ors. Date of Order :

15. 4.2013 PRESENT HON'BLE MR. JUSTICE GOVIND MATHUR Dr. Nupur Bhati, for the petitioner. Mr. Jamvant Gurjar, Government Counsel. ... BY THE COURT : By this petition for writ, the petitioner is claiming appropriate writ, order or direction for the respondents to provide reservation to divorced ladies belonging to Other Backward Class against 2% posts for Teacher Grade-III Level II (English) for Zila Parishad, Sirohi. Such reservation is claimed on basis of Government of Rajasthan notification dated 24.1.2011 available on record as Annex.6. By the order aforesaid, the Governor of Rajasthan while exercising powers under proviso to Article 309 of the Constitution of India provided reservation for woman candidates in a tune of 30% category wise, out of which 8% vacancies are kept reserved for widow and 2% for divorced women candidates. It is submitted by learned counsel for the petitioner that the amendment introduced in various Service Rules under the notification dated 24.1.2011 put an embargo upon the respondents to provide necessary reservation for divorced women while making selections against the vacancies advertised under the notification dated 24.2.2012 (Annex.2). From perusal of the notification dated 24.2.2012, it is apparent that the respondents are making appointments on the post of Teachers as per provisions of Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act of 1994') and Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as the 'Rules of 1996'). The amendment made in various Service Rules while exercising powers under proviso to Article 309 of the Constitution of India is having no application for recruitment that is to be made under the Act of 1994 and the Rules framed thereunder. Besides the above, the notification dated 24.1.2011 is having application to the services created under the Service Rules referred in Schedule appended with the Rajasthan Various Service (Amendment) Rules, 2011. That Schedule too nowhere refers its application for the services created under the Panchayati Raj Rules, 1996. The writ petition, as such, is having no merit, hence dismissed. (GOVIND MATHUR), J.

Sanjay