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2021 Supreme(Raj) 1317
RAJASTHAN HIGH COURT
Arun Bhansali, J.
Deepika Kumari Patidar - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 16930 of 2021
Decided On : 06-12-2021
Important Points
Subject
Administrative Law - Writ Jurisdiction
Headnote
DIRECTION - REPRESENTATION - The court directed the petitioner to submit a fresh representation regarding vacant posts, emphasizing the need for expeditious redressal of grievances while clarifying that the decision on the representation should be made in accordance with the law without any predetermined outcome.
Fact of the Case:
The petitioner sought a direction for the consideration of their representation regarding a nearby vacant post.
Finding of the Court:
The court disposed of the writ petition by instructing the petitioner to submit a new representation to the competent authority, ensuring that the authority would decide on it in accordance with the law.
Issues: Whether the petitioner’s representation regarding vacant posts should be considered by the competent authority.
Ratio Decidendi: The court emphasized the importance of addressing grievances expeditiously while maintaining that the decision must be lawful and not influenced by the court's directive.
Result: The writ petition was disposed of with directions for the petitioner to file a fresh representation, which the competent authority must decide within six weeks.
Vikram Singh Bhawla, Advocate
JUDGMENT
Arun Bhansali, J. - Learned counsel for the petitioner submits that the petitioner would be satisfied, if an appropriate direction is issued to the respondents to consider petitioner’s representation to be posted at a nearby place, in accordance with law, where concerned post is lying vacant.
2. The present writ petition is, therefore, disposed of with the direction to the petitioner to address a fresh representation before the competent authority pointing out vacant posts within a period of two weeks alongwith photostat copy of the earlier representation and certified copy of the order instant.
3. In case, such representation is filed by the petitioner, the competent authority shall decide the same, in accordance with law, preferably within a period of six weeks from the receipt thereof.
4. It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner’s grievance. The same may not be construed to be an order to decide the representation in a particular manner.
5. The stay application also stands disposed of accordingly.
