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2019 Supreme(Raj) 1490

S. RAVINDRA BHAT, INDERJEET SINGH
State of Rajasthan – Appellant
Versus
Poonam Sharma – Respondent


Advocates Appeared:
Ganesh Meena, Advocate, Sorabh Sharma, Advocate, Kapil Meena, Advocate, Vigyan Shah, Advocate, Govind Sharma, Advocate, Nitin Jain, Advocate, Braham Prakash Yadav, Advocate, Sudhir Yadav, Advocate, Akshit Gupta, Advocate, A.S. Shekhawat, Advocate, Ram Pratap Saini, Advocate, Gaurav Sharma, Advocate, Munesh Bhardwaj, Advocate, Raghu Nandan Sharma, Advocate, Laxmikant Sharma, Advocate, Brijesh Bhardwaj, Advocate, Rajesh Kumar Meena, Advocate, Sandeep Kalwania, Advocate, Dhoop Singh Poonia, Advocate, Dheeraj Palia, Advocate

JUDGMENT

S Ravindra Bhat, C.J. - There is delay in filing of some of the appeals; the same is condoned. The applications under Section 5 of the Limitation Act are allowed.

2. These appeals question the correctness of a common judgment and order of a learned Single Judge, concerning the selection and appointment to the post of Senior Teacher under the Rajasthan Education Subordinate Service Rules, 1971 (hereafter called "the 1971 Rules").

3. The brief facts of the case are that Senior Teachers recruited under the 1971 Rules are, recruited and posted in 9 different divisions. Their inter se seniority is separately maintained on division-wise basis. Their transfer from one division to another entails loss of seniority, under the Rules. Consequently, allocation of divisions assumes some importance. The State Government through a specific policy- contained in its guidelines of 04.03.2018, endeavored to introduce transparency in allocations of divisions; such exercise was to be determined on the basis of merit-cum-preference (having regard to the relative success) of the candidates in the recruitment process. This, of course, was subject to availability of vacancies in the respective divisi

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