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2023 Supreme(Raj) 1868

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Gauri Shanker Audichya and Others – Petitioners
Versus
State of Rajasthan and Others – Respondents
S.B. Civil Writ Petition Nos. 1341, 5524 of 2022
Decided On : 01-02-2023

Advocates:
Advocate Appeared:
For the Petitioners: Naresh Singh, Rakesh Arora, Manvendra Singh, Surendra Thanvi
For the Respondents: Pankaj Sharma, Rishi Soni

Headnote:(A) Constitutional Law - Right to Education - The petitioners sought to direct the respondents to add more posts of Teacher Grade-III, Level-I regarding the recruitment issued on 31.12.2021. However, a new recruitment notification was issued on 16.12.2022, rendering the petitions infructuous. (Paras 6-9)

(B) Impleadment Application - The application for impleadment filed by new applicants was deemed misconceived as it lacked the consent of the original petitioners. The court emphasizes that parties cannot impose themselves without prior consent from existing petitioners. (Paras 1-5)

Facts of the case:
The petitioners, along with new applicants, sought relief for additional teacher recruitment, but a new notification had already been released.

Findings of Court:
The court ruled that the new recruitment process was ongoing, thus rendering the petitions infructuous.

Issues: The core issues included whether the petitioners could compel the addition of posts when a new recruitment process was underway and the validity of the impleadment application.

Ratio Decidendi: The court decided that fresh notifications make prior petitions irrelevant and upheld the necessity of consent for impleadment.

Result: Petitions dismissed as infructuous.

Table of Content
1. impleadment application not maintainable (Para 1)
2. consent required for impleadment (Para 2 , 4 , 5)
3. fresh recruitment renders past claims infructuous (Para 3 , 8 , 10)
4. petitioners request additional posts (Para 6 , 7)
5. writ petitions disposed of as infructuous (Para 9 , 11)

ORDER :

I.A. No. 1/2022 in S.B. Civil Writ Petition No. 1341/2022:

1. The present application has been filed by 4 applicants namely Sunay Chouhan, Tanay Chouhan, Satyen Paneri and Mayank Thakur seeking their impleadment as petitioners in the present writ petition.

2. Mr. Thanvi, learned counsel for the applicants argued that applicants are also interested in the writ petition filed by the petitioners and prayed that the present application be allowed and they be impleaded as petitioners, as their grievance is also same as that of the petitioners herein.

3. Having heard Mr. Thanvi, learned counsel for the applicants, this Court is of the considered opinion that instant application is misconceived and not maintainable.

4. The writ petition No. 1341/2022 was filed by learned Counsel Mr. Vikram Singh Bhati. The application under consideration that has been filed by Mr. Surendra Thanvi cannot be entertained, when the petitioners and/or their counsel have not consented to their impleadment. The applicants cannot thrust themselves as petitioners without the consent of the petitioners who have filed the present writ petition.

5. The application for impleadment is, clearly misconceived and an abuse of process. Hence, dismissed.

S.B. Civil Writ Petition No. 1341/2022 & 5524/2022:

6. By way of these petitions the petitioners have prayed that respondents be directed to add some more posts of Teacher Grade-III, Level-I in relation to recruitment notification/ advertisement dated 31.12.2021, which has been issued by the respondent-State.

7. Mr. Pankaj Sharma, learned Additional Advocate General appearing for the respondent - State at the outset submitted that new recruitment notification/advertisement dated 16.12.2022 has been issued for TSP Area Level-I inviting applications for total 1808 posts and for TSP Area Level-II inviting applications for total 4210 posts and, therefore, relief as claimed by the petitioner cannot be granted.

8. Having heard the submission made by learned Additional Advocate General, this Court is of the view that even if petitioners' contention is accepted, no relief can be granted, as fresh recruitment process has already begun and all vacant posts have been reportedly included.

9. In view of the aforesaid, these petitions are disposed of as having rendered infructuous.

10. Needless to observe that the disposal of these writ petitions will not come in petitioners' way, if they want to challenge the posts advertised in the freshly issued notification.

11. All interlocutory applications, so also stay petitions, stand disposed of accordingly.

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