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2026 Supreme(Online)(Raj) 3428

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
JYOTI PATIDAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 3308 / 2026



[2026:RJ-JD:7360]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3308/2026 Jyoti Patidar D/o Shri Govardhan Patidar, Aged About 25 Years, R/o Ward No. 02, Mukam Salampura, Post Genji Vaya Vikasnagar, Dungarpur, District Dungarpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.

3. The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

4. The Joint Director (School Education), Udaipur Division, Udaipur, Rajasthan.

5. The District Education Officer, Secondary Education, Dungarpur, District Dungarpur, Rajasthan.

6. The District Education Officer, Secondary Education Banswara, District Banswara, Rajasthan.

----Respondents For Petitioner(s) : Mr. M.S. Shekhawat.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/02/2026

1. Petitioner has raised a grievance that she has not been given posting at Banswara, whereas less meritorious persons have been given posting in Dungarpur.

2. Learned counsel for the petitioner argued that the persons who have secured higher rank should be preferred in giving place of posting, whereas the respondents have violated such principles.

3. Learned counsel for the petitioner, at the outset, submits that the controversy raised, in the instant writ petition, stands resolved in view of the adjudication made by a Coordinate Bench of this Court in the case of Smt. Anju Meena v. State of Rajasthan & Ors.: S.B. Civil Writ Petition Number 2226 of 2014; holding thus:

“Issue notice. Copies of the writ petitions have been supplied to Shri S.K. Gupta, Additional Advocate General for the State.

All these writ petitions have been filed by petitioners working on the post of Teacher Grade- II, Teacher Grade-III and Headmasters, contending that their posting as per instructions of the Government ought to be made as far as possible in the district of their choice on the basisof their merit position. Petitioners have in this connection relied on Circular dated 11/09/2013 issued by the Principal Secretary to Government in its Department of School Education in respect of the Head Masters selected for appointment through Rajasthan Public Service Commission and another Circular dated 03/08/2012 issued by the Additional Chief Secretary of the Government for Rural Development and Panchayati Raj Department in respect of Teachers Gr.II and Gr.III selected for appointment in Primary and Upper Primary Schools of the State.

Learned counsel for the petitioners submitted that a similar writ petition pertaining to Teacher Grade- III was allowed by this Court in S.B. Civil Writ Petition No.15668/2012 : Monika Meel Vs. The Dy.Director, Secondary Education, Jaipur vide order dated 3/10/2012 on the basis of statement made on behalf of the respondent- State that posting in the district of choice would be given to the candidates as per their merit- cum-preference. However, it was also given out that in case of disabled, divorcee, widow and single female, preference will be given to the place of their choice irrespective of their merit position. If any conflict arises in regard to preference inter-se between them, preference would be given to the candidates belonging to any one of these four categories on the basis of his/her merit. Learned counsel for the petitioners have also argued that while some of the candidates have been accommodated within the district of their choice/preference on the basis of merit but the petitioners have not been afforded similar treatment.

Learned Additional Advocate General appearing for the State submitted that the government is prepared to consider request of the petitioners as per instructions issued by it from time to time in regard to posting. If the instructions dated 03/08/2012 and 11/09/12013 continues to be operative, the government upon petitioners approaching, would consider their request subject t

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