TOGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two petitions have been placed before this bench for answer to the reference made by a learned Single Judge of this Court on the following questions:-

(2.) In brief, the background in which the questions aforesaid have been referred by the learned Single Judge could be noticed in the following: The process for selection to the post of Teacher Grade III under the Rajasthan Panchayati Raj Act, 1994 ['the Act of 1994'] and the Rajasthan Panchayati Raj Rules, 1996 ['the Rules of 1996'] came to be initiated by different Zila Parishads in the State of Rajasthan. The petitioner of CWP No. 10799/2012 Shri Toga Ram offered his candidature for the post of Teacher Grade III Level Second (Social Studies) in the process taken up by Zila Parishad, Pali. He has secured merit position No. 472; and has been allotted Panchayat Samiti, Bali. On the other hand, the petitioner of CWP No. 10673/2012 Shri Manoj Kumar Saini offered his candidature for the post of Teacher Grade III Level Second (English) in the process taken up by Zila Parishad, Nagaur. He has secured merit position No. 25; and has been allotted Panchayat Samiti, Parabatsar. The grievance of each of the writ-petitioners is that he has not been allotted the Panchayat Samiti as per the choice given, though he stands higher in merit. While stating that less meritorious persons have been allotted their own Panchayat Samities or nearby places; and that their grievances have not been redressed despite making of representations, the writ-petitioners have filed these petitions seeking writ, order or direction against the respondents for allotment of Panchayat Samiti as per merit and preference. The petitioners have, inter alia, referred to and relied upon an order dated 03.08.2012 whereby, the Government of Rajasthan in its Rural Development and Panchayati Raj Department has issued various instructions and guidelines to be followed while posting the newly selected persons on the post of Teacher Grade III. In the first part of this order, it is envisaged that the newly selected teachers shall be allotted different Panchayat Samities on proportionate basis for the purpose of filling up the vacant posts.

(3.) It is also envisaged that in the first place, the differently-abled person, widow, destitute and single female shall be allotted their own Panchayat Samiti, as far as possible. Then, para 1(3) of this order provides that the selected teachers in the district be allotted, as far as possible, their own Panchayat Samities as per merit. The relevant part of the order dated 03.08.2012 reads as under:-