Jurisdictional error in filing the writ petition without impleading the appellant and in direct conflict with the proceedings of the writ petition pending before the Jaipur Bench.

JUDGMENT

1. Heard learned counsel representing the parties and perused the impugned order and the material placed on record.

2. The appellant herein has preferred this intra-court appeal after obtaining leave from the Court for assailing the order dated 25.04.2018 passed by a learned Single Bench of this Court and the writ petition No. 5799/2018 (Sunita Kumari & Anr. v. State of Rajasthan & Ors.) of the private respondents was allowed by relying upon the judgment in the case of Subhash Chander v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 12299/2017, decided on 27.11.2017).

3. Background facts relevant and essential for deciding the controversy are noted hereinbelow:-

The petitioner as well as the private respondents are residents of District Sikar. The District Education Officer (Primary Education) issued a notification dated 21.09.2017 inviting applications for appointment of Gram Panchayat Sahayaks on purely temporary basis for a period of one year. The process of selection was based on interviews. It was categorically mentioned in the notification that one applicant was permitted to file application in only one Gram Panchayat. In the eventuality of filing multiple applications for different Gram Panchayats, both or more such applications would be deemed to have been rejected. While the selection process was still pending, the appellant herein, filed writ petition No. 17949/2017 (Sharda v. State of Rajasthan & Ors.) before the Jaipur Bench raising grievance of arbitrary action. Learned Single Bench of the Court, passed an interim order dated 11.10.2017 restraining the respondents from issuing appointment orders in the questioned selection process without prior approval of the Court. It seems that in gross defiance of this Court's order, Gram Sachiv of Gram Panchayat Khedi Radan, Panchayat Samiti Laxmangarh issued an appointment order dated 04.01.2018 in favour of the private respondents herein. When the writ petitioner Sunita Kumari, realized the fact of the appointment order having been issued inspite of the interim stay passed by the Bench at Jaipur (order dated 11.10.2017), she moved a contempt petition and on receiving notices thereof, orders (annexure-5) dated 16.04.2018 were passed by Gram Vikas Adhikari, Gram Panchayat Khedi Radan, Panchayat Samiti Laxmangarh cancelling the appointment offered to the private respondents. It was clearly indicated in the order dated 16.04.2018 that the same was being passed in reference to the order dated 11.10.2017 passed in writ petition No. 17979/2017 (Sharda v. State of Rajasthan & Ors.) pending before the Rajasthan High Court, Bench Jaipur.

4. The private respondents herein without indicating the fact that the termination order had been passed in reference to the pending litigation at the Rajasthan High Court, Bench Jaipur and the ad interim stay order was passed therein, filed writ petition (No. 5799/2018) wherein, the appellant herein in whose case, the interim order was passed as above, was not impleaded as a party. As a matter of fact, on going through the orders annexed with the writ petition (No. 5799/2018), we find that there is no such impugned order or ancillary proceedings which could have given jurisdiction for entertainment of the writ petition at the Rajasthan High Court, Principal Seat Jodhpur. It may be reiterated that the advertisement itself was Gram Panchayat specific and as the private respondents applied for selection in the Gram Panchayat Khedi Radan, Panchayat Samiti Laxmangarh and since all the orders were passed by the Gram Vikas Adhikari, there was no occasion for the private respondents to have invoked the writ jurisdiction of the Principal Seat Rajasthan High Court, Jodhpur. The writ petition which was presented on 23.04.2018 came up for consideration of this Court on the first date itself. Covering the matter by order dated 27.11.2017 passed by the Court in writ petition No. 12299/2017 (Subhash Chander v. State of Rajasthan & Ors.), the writ pet