SANTOSH NEHRA Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Fifteen posts of Physical Training instructor (Female) Grade II to be filled by the direct recruitment were advertised on April 15, 1993 by Joint Director (Female) Education Department, Jaipur Zone (respondent No. 2) under the Rajasthan Educational Subordinate Service Rules 1971 (for short 1971 Rules). The petitioner applied and was placed at No. 7 in the final merit list but she was not given appointment. The petitioner has approached this court seeking directions in the name of respondents to give her appointment on the post of PTI Grade II from the date the persons similarly situated were given appointment with all consequential benefits.

(2.) The respondents in their reply pleaded that the appointments were given as per the quota fixed for direct recruitment as well as for promotion. The merit list exhausted till merit No. 7 whereas the petitioner stood at No. 7. The posts which were to be filled in by direct recruitment were only four and all the posts were filled in by March 31, 1994. The vacancies had to be filled is in 50% by direct recruitment and 50% by promotion.

(3.) In the rejoinder the petitioner stated that Smt. Asha Gulati who stood in the merit list at No. 6 did not join and her place was filled in by transferring one Rameshwar Yadav. The transfer was not permitted and it was violative of Rule 20(2) of 1971 Rules as in the Female Institutions only female teachers could be posted. Shri Rameshwar Yadav was already working in the cadre of PTI Grade II and he could not have been transferred to fill in the direct recruitment quota. The petitioner has named Serve Shri Shanker Lal Dangayach and Ramchandra Sharma who were working in the Female Institutions. On April 30, 1994 the respondent No. 2 advertised 15 posts of PTI Grade II to be filled in by direct recruitment that quota show that vacancies of PTI Grade II existed in the Education Department.