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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Arun Bhansali, J.
Amita - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 12204 of 2020
Decided On : 18-09-2021
POSTING - EDUCATIONAL ADMINISTRATION - The court addressed the issue of the petitioner's posting at a specific school, highlighting the lack of transparency regarding vacant posts in the district. The court directed the petitioner to submit a detailed representation regarding grievances, mandating a timely response from the Competent Authority, thereby ensuring procedural fairness in administrative decisions.
Fact of the Case:
The petitioner challenged the order of posting to Govt. Primary School, Jakheda, Khandela, Sikar, claiming that several vacant posts in District Jhunjhunu were not reflected in the official records, which limited the petitioner's options for posting.
Finding of the Court:
The court acknowledged the petitioner's concerns regarding the unavailability of information about vacant posts and directed the petitioner to submit a representation to the authorities, ensuring that grievances are formally addressed.
Issues: Whether the petitioner was deprived of the opportunity to choose from available posts due to lack of transparency in the posting process.
Ratio Decidendi: The court emphasized the importance of transparency and the right to a fair process in administrative decisions, mandating that the Competent Authority must respond to the petitioner's representation with a reasoned order.
Result: The writ petition was disposed of with directions for the petitioner to submit a representation, and the Competent Authority was ordered to respond within three weeks.
JUDGMENT
Arun Bhansali, J. - This writ petition has been filed by the petitioner aggrieved against the order of posting, whereby the petitioner has been accorded posting at Govt. Primary School, Jakheda, Khandela, Sikar.
2. Submissions have been made that several posts are lying vacant in District ? Jhunjhunu, which vacant posts were not reflected in Shala Darpan by the respondents, depriving the petitioner from opting for the said schools.
3. In the circumstances of the case, the petitioner may make a detailed representation to the respondents raising all the grievances as raised in the present writ petition.
4. If such a representation is made by the petitioner alongwith the copy of the writ petition as well as this order, the Competent Authority is directed to decide the representation by way of a speaking order within a period of three weeks from the date the same are filed by the petitioner.
5. With the above directions, the writ petition stands disposed of.
The legal principle established is that administrative authorities must ensure transparency and provide a fair opportunity for individuals to address grievances regarding postings.
The main legal point established in the judgment is the court's power to issue a mandamus to direct the respondent authorities to decide the petitioner's representation on medical grounds expeditious....
The court's decision was influenced by the specific provision of Rule 24 of RSR and previous judgments, which supported the petitioner's request for relief.
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