MAHAVEER PRASAD FULFKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioners have prayed for direction to the respondents to provide them posting in the Bikaner Division because lower meritorious candidates have been posted in Bikaner Division. Learned counsel for the petitioners submits that the legal question which is raised by the petitioners in this writ petition is that there is no criteria prescribed by the respondents for giving posting to the selected candidates on the post of Teacher Grade II. The petitioners were working in the Bikaner Division on the posts of Teacher Grade-Ill, thereafter, they were selected through the Rajasthan Public Service Commission for the posts of Teacher Grade II and, now, they have been posted at Chohtan (Barmer district) and Jaluwala (Jaisalmer district) whereas lower meritorious persons have been given posting in the Bikaner Division, therefore, the respondents may be directed to consider the case of the petitioners for providing them posting in the Bikaner Division on the posts of Teacher Grade II. It is contended by learned counsel for the petitioners that the method of pick and choose is not proper.

(2.) After hearing learned counsel for the petitioners, I am of the opinion that mandamus can be prayed for against the respondents for appointment and restoring fundamental rights of the petitioners. It is very strange that the petitioners have been selected by the Rajasthan Public Service Commission for appointment on the posts of Teacher Grade-II and the Education Department is required to post all the teachers in whole of the State. For that purpose, under the Rules there is no provision for adopting any procedure to give posting to the meritorious candidates as per their desire.

(3.) It is worthwhile to observe here that the petitioners' candidature was considered by the RPSC and they were found suitable for their appointment on the posts of Teacher Grade II; and, accordingly, the Commission recommended them to the Education Department and, thereafter, orders for their posting have been issued by the Education Department. The candidates selected by the Commission can claim appointment; but, there is no provision in the rules to claim particular place of posting. In this case, however, the prayer of the petitioners is that they are meritorious and less meritorious persons have been given posting in Bikaner Division, therefore, they deserve to be given posting in Bikaner Division where they were earlier working in the Education Department on the posts of Teacher Grade-Ill.