LAWS(RAJ)-2001-2-82

RENU SHARMA Vs. STATE OF RAJASTHAN

Decided On February 12, 2001
RENU SHARMA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) IN these writ petitions and the writ petitions mentioned in the Schedule annexed to this judgment and order, common questions of facts and law are involved, therefore, all these petitions were heard together and they are being disposed of by this common judgment/order, taking the Writ Petition No. 1722/2000, Renu Sharma vs. State of Rajasthan & Ors., as the leading case.

(2.) THE instant writ petition has been filed for quashing the Notification dated 16.11.1999 making amendment in rule 296 of the Rajasthan Panchayati Raj Rules, 1996 (for short, "the Rules, 1996") and other consequential orders; for issuing direction to offer appointment to the petitioner as she stood over and above contesting respondents No. 3 and 4 in the merit list prepared in pursuance of the advertisement No. 1/96 for the posts of Teacher Grade III from the date the said respondents have been appointed with all consequential benefits; and to quash the appointments of the private respondents.

(3.) THE Government issued Notification dated 16.11.1999 amending the provisions of rule 296, reading as under:- "THE State Government, on a reference by the Panchayat Samiti/Zila Parishad concerned, or on its own motion, in an exceptional case where the administrative department is satisfied that operation of the Rules relating to any provision for recruitment, if any causes undue hardship or where the Government is of the opinion that it is necessary or expedient to relax any of the provision of these Rules, may, with the concurrence of the Department of Personnel & Administrative Reforms, relax the relevant provisions of these Rules to such extent and subject to such condition, as may be considered necessary for dealing with the case in a just and equitable manner."