STATE OF RAJASTHAN Vs. MOHD YAKUB KHAN

JUDGEMENT

(1.) This intra-court appeal is directed against order dated 6.8.19 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the respondent seeking directions to the appellants herein to hold review DPC and consider his candidature for promotion to the post of Teacher Gr.II, subject Urdu, against the vacancies of the year 2013-14, with all consequential benefits, has been allowed.

(2.) The facts relevant are that the respondent entered the service of the Department of Education, Government of Rajasthan, on being appointed as Teacher Gr.III on 8.10.07 and was allotted Jodhpur District. Later, on the request made by the respondent, he was transferred from Jodhpur District to Churu District. As the seniority of the Senior Teachers/Teachers or equivalent posts under the Rajasthan Educational Subordinate Service Rules, 1971 ('the Rules'), is maintained at the district/range level, by virtue of Explanation attached to Rule 29(10), the respondent on being transferred to Churu District, on his own request, was placed just below the junior most person in seniority list of Churu District.

(3.) The Departmental Promotion Committee ('DPC') was convened for consideration of eligible candidates for promotion from the post of Teacher Gr.III to Teacher Gr.II, in subject Urdu, against 59 vacancies of the year 2013-14 in Churu Division consisting of 5 districts i.e. Churu, Jhunjhunu, Bikaner, Hanumangarh and Sriganganagar. The respondent's name was not included in the list of eligible candidates as only the candidates appointed upto 31.3.19 in the various districts were taken into consideration, whereas the respondent had joined the service in Churu District in the year 2010. Against the 59 vacant posts of Teacher Gr.II in subject Urdu, in the eligibility list prepared only 31 names were included and the respondent though in zone of consideration, his name was not included inasmuch as according to the appellants, he was lacking in the requisite 5 years teaching experience. As a matter of fact, the respondent was not found eligible inasmuch as his teaching experience prior to his transfer to Churu District was not counted.