Maina Vs. State and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1165254
CourtRajasthan Jodhpur High Court
Decided OnOct-01-2014
AppellantMaina
RespondentState and ors
Excerpt:
s.b. civil writ petition no.3510/2014 maina vs. state of rajasthan & ors. order dated 01/10/2014 1/3 in the high court of judicature for rajasthan at jodhpur order s.b. civil writ petition no.3510/2014 maina vs. state of rajasthan & ors. date of order ::::01. t october, 2014 present hon'ble dr. justice vineet kothari appearance: mr. s.n. goswami, for the petitioner. -- by the court:1. heard learned counsel for the petitioner.2. the present writ petition has been filed by the petitioner in ths court on 06.05.2014 with the following prayers:- “it is, therefore, humbly prayed that your lordship may graciously be pleased to accept and allow this writ petition and by appropriate writ, order or direction:- i) the respondents may kindly be directed to grant appointment to the petitioner on the post of teacher grade iii level ii subject science maths in zila parishad, barmer w.e.f. the date on which the lesser meritorious persons viz. respondent no.3, 4, 5 were given appointment, with all consequential benefits. ii) the respondents may kindly be directed to decide the representation (annex-3) dated 25/11/2013 s.b. civil writ petition no.3510/2014 maina vs. state of rajasthan & ors. order dated 01/10/2014 2/3 according to law, and iii) any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner; and iv) cost of the writ petition may be awarded in favour of the petitioner.”. 3. the petitioner had applied for the post of teacher gr.iii level ii and, according to him, the answer key given for the question paper which was solved by him on the omr sheet were incorrect and in this regard, he has already filed a representation to the chief executive officer, zila parishad, barmer vide annexure-3 dated 25.11.2013. the present writ petition has been filed by the petitioner on 06.05.2014 without waiting for the decision on the said representation by the said respondent – chief executive officer, zila parishad, barmer. the petitioner ought to have first pursued his representation with the said respondent – chief executive officer, zila parishad, barmer, who is expected to decide the said representation of the petitioner by passing a speaking and reasoned order, preferably after giving an opportunity of hearing to the petitioner in this regard.4. if necessary, the answer key of the question paper, said to have been solved by the petitioner, in the said selection process can be examined by an expert committee and thereafter, the representation filed by the petitioner may be decided in accordance with law, preferably within a period of three months from today. for decision on the said representation, the petitioners may appear in s.b. civil writ petition no.3510/2014 maina vs. state of rajasthan & ors. order dated 01/10/2014 3/3 the first instance along with a copy of this order before the respondent – chief executive officer, zila parishad, barmer on 08.10.2014 and thereafter, the said authority is expected to decide the representation of the petitioner in the light of the observations made herein above within a period of two months thereafter.5. accordingly, the writ petition is disposed of with the directions and requirements aforesaid. a copy of this order be sent to the concerned parties forthwith. (dr. vineet kothari), j.dj/- 1
Judgment:

S.B. CIVIL WRIT PETITION NO.3510/2014 Maina Vs. State of Rajasthan & Ors. Order dated 01/10/2014 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

S.B. CIVIL WRIT PETITION NO.3510/2014 Maina Vs. State of Rajasthan & Ors. Date of Order ::::

01. t October, 2014 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. S.N. Goswami, for the petitioner. -- BY THE COURT:

1. Heard learned counsel for the petitioner.

2. The present writ petition has been filed by the petitioner in ths Court on 06.05.2014 with the following prayers:- “It is, therefore, humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by appropriate writ, order or direction:- i) The respondents may kindly be directed to grant appointment to the petitioner on the post of Teacher Grade III Level II subject Science Maths in Zila Parishad, Barmer w.e.f. the date on which the lesser meritorious persons viz. respondent No.3, 4, 5 were given appointment, with all consequential benefits. ii) The respondents may kindly be directed to decide the representation (Annex-3) dated 25/11/2013 S.B. CIVIL WRIT PETITION NO.3510/2014 Maina Vs. State of Rajasthan & Ors. Order dated 01/10/2014 2/3 according to law, AND iii) Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner; AND iv) Cost of the writ petition may be awarded in favour of the petitioner.”. 3. The petitioner had applied for the post of Teacher Gr.III Level II and, according to him, the answer key given for the question paper which was solved by him on the OMR Sheet were incorrect and in this regard, he has already filed a representation to the Chief Executive Officer, Zila Parishad, Barmer vide Annexure-3 dated 25.11.2013. The present writ petition has been filed by the petitioner on 06.05.2014 without waiting for the decision on the said representation by the said respondent – Chief Executive Officer, Zila Parishad, Barmer. The petitioner ought to have first pursued his representation with the said respondent – Chief Executive Officer, Zila Parishad, Barmer, who is expected to decide the said representation of the petitioner by passing a speaking and reasoned order, preferably after giving an opportunity of hearing to the petitioner in this regard.

4. If necessary, the answer key of the question paper, said to have been solved by the petitioner, in the said selection process can be examined by an Expert Committee and thereafter, the representation filed by the petitioner may be decided in accordance with law, preferably within a period of three months from today. For decision on the said representation, the petitioners may appear in S.B. CIVIL WRIT PETITION NO.3510/2014 Maina Vs. State of Rajasthan & Ors. Order dated 01/10/2014 3/3 the first instance along with a copy of this order before the respondent – Chief Executive Officer, Zila Parishad, Barmer on 08.10.2014 and thereafter, the said authority is expected to decide the representation of the petitioner in the light of the observations made herein above within a period of two months thereafter.

5. Accordingly, the writ petition is disposed of with the directions and requirements aforesaid. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.

DJ/- 1