MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 20.3.2003 with the prayer that by an appropriate writ, order or direction, the order dated 24.2.2002 (Annexure P-4) by which the respondent No. 3 Addl. Vikas Adhikari, Primary Education, Panchayat Samiti Sarada, Distt. Udaipur gave appointment to the respondent No. 5 Smt. Durga Meena on the post of Additional Shiksha Sahayogi in the school Rodawat of Gram Panchayat Adwas and directed her to undergo training from 1.6.2002 to 30.6.2002 in the Government Upper Primary School, Amarpura (Sarada) be quashed and set aside and further, the provisions of reservations made in the circular Annexure P-6 dated 30.4.2001 that the selection of para-teachers would be made from the category of the persons of which the post of Sarpanch was reserved for the Panchayat be declared illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and further, the respondents be directed to give appointment to the petitioner on the post of Additional Shiksha Sahayogi for School Rodawat, Gram Panchayat Adwas in place of respondent No. 5 Smt. Durga Meena as her appointment was illegal and against the rules.

(2.) The case of the petitioner as put forward by him in this writ petition is as follows :

(3.) I have heard the learned counsel for the petitioner and the learned counsel for the respondents and gone through the entire materials available on record.